The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-05-22
lies In suit, and all the counsel are satisfied.

IeeI were DleeulnB ln Lne IIObt ana snow, ana Tor
being 80 vile as to believe that story the Good sa
| maritan told US for our imitation. Those men
| are excluded from the jury box II the Judge 90
directs. This Is not an impossible case. II has
taken place since we have been in this chamber
Such laws would disgrace Dahomey. Was tho
demand to return to the old Welltrodden paths
Ofjustice and legal procedure matter to fire the
Northern mind and set all the demagogues north
OF Mason and DixOn's line declaiming against
the designs Of the Democratic party2 II is not
easy, continued Mr. Thurman, 10 provide a rem
edy for existing defects Experience has proved
that when you undertake to remedy Jury sys.
tenn where there are apt to be political questions,
II is essential that you provide against juries con-
cannot avoid taking notice Of political parties.
We take such notice In our State laws by provid.
Ing that judges of election shall be chosen from
different parties, and In our Federal laws, by
similar provision, in regard TO supervisors. We
are compelled as practical men TO recognize the
fact that in this, as in all free countries there are
different political parties and therefore the Drop.
ositiOn in the pending bill that names of jurors
shall be placed in box by the Clerk Of Court
and by Jury Commissioner of O different pOllt.
ioal faith from that Of clerk and that names
shall be put in alternately as not to be open TO
criticism because 1t recognizes political parties
FREE ELECTIONS.
Passing from the subject OF jurors, Mr.. Thur
man spoke of the subject Of elections and their
freedom from political interference and the ne.
cessity and justice of repeating the present laws
which were instrumentalities of corruption end
fraud. Even II constitutional, they should be re.
pesled; but he denied their conGtltutionality.
Any one who cited the constitution, and the Sen.
ator from Minnesota (Windom) had said Demo.
Gratis objected 10 the constitutonality of some
thing las usual" intmaing that 1t was part of
their stock in trade to cry Unconstitutional"
1t would be sad day for the country when OBJ.
lection to measure on constitutional grounds
could be put down with sneer. These election
laws provide, among other things, that any per.
son who, by the law of any State, Is required TO
perform some act in order to entitle him to vote.
SHALL If he offers to perform that act, and his
offer be rejected on account Of his race, color or
previous condition OF servitude, have right to
vote, Notwithstanding the refusal of the proper
officer to allow him to perform the act. Section
1904 was merely repetition Of the 18th amend.
ment to the Constitution, and therefore not OBJ.
jectionable, but section zoos provides for the off
erng to citizens Of facilities to fulfil any prere.
qusite to voting required by State laws and sec.
ton zoos imposes penalties upon officers refusing
to provide such facilities. Section 2OO7 makes an
offer to fulfil any prerequisite to voting euuiva.
lent to its performance, and section 200 imposes
fines on Judges of Election who refuse to receive
votes cast under the preceding section. These
sections are In the execution of the 18th amend.
ment but they are 80 comprehensive that they
include all citizens freeborn as well as those who
have been slaves, and they apply to all local as
well as general elections. Where is the consti-
tutional warrant for the enactment Of these lawsY
Two provisions have been cited as warranting
1t in very remarkable document. Veto mum.
Der one, which we lately had the honor to receive
from hi, EXcellency, the President, and he is
about equally unfortunate in his reference to law
in Veto number two. First he cites article /,
seCtion A. Of the Constitution. The 10th amend
ment does not support these statutes. But the
statutes go further and undertake TO regulate the
right Of every citizen to vote, no matter what his.
color or what his previous condition The Su.
preme Court has decided that these provisions
are unconstitutional; that the 10Th amendment
confers no right upon any man to vote, but guar
antees those otherwise qualified against disCrimi
nation of any sort against voting. There is
abundant provision In these sections to prevent
men from voting but not for their protection, and
ample provision for blackguard Deputy Marshals
drawn from the lowest places of New York and
Philadelphia. There is power for them to arrest
without warrant the most peaceful and reputa.
BILE citizen who offers to vote, and bring him be-
fore United States Commissioner. They can
tear the State Justice from his seat where he is
executing State law. 1t is not law to secure
but to prevent the right to vote. Article l, Sec
tion of the Constitution gives Congress the pow.
er to regulate the times, places and manner of
holding elections for representatives. The laws
sought to be repealed have nothing to do with
the times and places therefore the only present
application Of that article lies in the word man
ner." The STUDENT of this subject will observe
that the principal object of this constitutional
provision is to enable the Federal Government to
preserve It's existence.
Mr.. Thurman maintained that the laws now
sought to be repealed were not the Constitutional
exercise of power to regulate elections, for 1t is
fundamental that Congress cannot under article
one, section four, interfere in any maDDer with
the election of State officers and any regulation
for Congressional elections enacted by Congress
mukC be so framed as not to so interfere. No lie.
gal proposition was ever clearer to him than that.
He proceeded to show that under the existing
law, persons prevented from voting for Congress.
men or for Presidential electors, were al the same
time prevented from voting for local and State
officers Article one, section four, would never
have been adopted If our fathers had fOTeseen
the uses 10 which 1t would be put, but even If
these laws were constitutional they ought to be
repealed, for instead of being in the interest of
pure and ho' est elections the mind OF man new
er devised worse instrument of fraud, COrTup.
tOn and expression than these laws. When they
were passed there were only eight Democrats
here, and they we're pOWerless to prevent their
adoption.
Mr. Conkling asked II it were possible that
eight men would have made so much noise as
was made on that occasion.
Mr.. Thurman said those eight ment were In
spired. [Laughter.l They stood up for the Con.
stitutiOn and for honest elections, and naturally
made noise, and something beside noise. 1t
was argument. and the argument has had It's
effect. 1t has filed these seats and increased the
number Of Democrats from seven as when he
first came here, until they spread and reached
over into the promised land. He did not believe
al that time that these laws were passed to pro-
tect freedmen, and history had shown his incTed.
ulity to be we'll founded. They originated in the
city of New York, in the Union League Club, a
partisan political club. He read from the re
port of the Committee on Expenditures in the
Department OF Justice of the Forty fourth Con
gress. The testimony of Samuel j GassUn, be-
fore that committee, showed him to have been
chief counsel employed by that cub to get up
these laws, aud therefore, he will be ackuOWl-
edged by the Othtr side OF the Senate, at least as
a respectable man. He was assisted by man
not 50 respectable, and who has become q lite
historical, one John A. Davenport. Mr.. Thur
man read from the testimony at length showing
what measures the Union League Club took 10
procure the passage of these laws and the con-
nectlOn of Davenport herewith. When the laws
were first proposed, they contained many prOvis-
ions not ultimately passed. As fret proposed,
they almost Qisfranehised every natuTalized ciu.
zen In the United States made 1t almost impOssi.
bic to be naturaliZed, and gave no naturalIzed
citizen his right to vote.
Mr. Thurman called Senator Morton's attention
to these provisions and said, Morton, you can.
not support those sections" He said, after ex.
amining them, Certainly cannot" and he
used his influence against them, and SO they
we're defeated. The laws originated in the Union
League Club, and were passed for party purpOtes
and not at all tor the protection of freedmen. He
would cite some figures 10 support his assertions
In 1876 there were A. 1863 Supervisors OF Elections
appointed under these laws of which l,779 were
appointed in the State Of New York, nearly one
half Of the whole number. There were II, ,6lO
Marshals, more than One-fOurth Of them IN New
York. The main point is, Where did the money
goH In that year there was expended s2S5,92l.
HOW THE MONEY WAS Discussed.
How much was expended to protect the poor
freedmen down in the country where the night
rider, the white Lacquer and Ku-klux oppress
him : In the ten Southern States there were ex.
eiQ f, ruac