Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-05-16

provide remedy for the existing de-
. fects. Experience has proved that
when YOU undertake TO remedy jury
system, where there are apt TO he
political questions, 1t is essential
that you provide against luriess
consisting of men of one political
party alone. We cannot avoid taking
note of political parties. We take such
notice in our State laws by providing
that Judges of elections shall be chosen
from different parties, and in our Fed
eral laws, by a similar provision in re-
| gard 10 supervisors. We are compelled,
/ as practical men, TO recognize the fact
| that in this as in other free countries,
there are different political parties, and
/ therefore the proposition in the pend
| ing bill, that the names of the jurors
! shall be placed in a box bv lhe clerk OF
! the court and by jury commissioner of
| different political faith from that of the
| clerk, and that the names shall be put
| in alternately, is not open TO criticism,
| because il recognizes both political
/ parties. Even If constitutional they
| should be repealed. But he denied
/ their constitutionality. Certain Sena-
! who cited the constitution, and the Sem
ator from Minnesota Windoml had
said the Democrats had objected to the
constitutionality of something as usual,
intimating that it was part OF their stock
| in trade To cry unconstitutional" 1t
would be sad day for the country
when objection to measure, on consti
tutional grounds, could be put down
with sneer. These election laws pro-
vide, among other things, that any person
! who is required, by the law OF any State,
| to perform some act in order to entitle
! him to vote, shall, if he offers TO p"r-
| form that act and his offer be rejected
| on account OF his race, color, or prevl-
| Gus condition of servitude, have right
| 10 vote Notwithstanding the refusal of
| the proper officer to allow him to per-
form such act. Section 1904 was merely
| a repetition of the Fifteenth Amend
ment TO the Constitution and therefore
not Objectionable. But section zoos
provides for offering To citizens of facili-
ties to fulfil any prerequisite to voting
required by the State laws,
and section zoos imposes penalties
on officers refusing to provide such facil-
ties Section 2007 makes an offer to
fulfill any prerequisite 10 voting equiva-
! lent TO the performance, and section
| 200S imposes fines on judges of e lectiOns
who refuse to receive votes cast under
the paeCeding sections. These sections
are i'm execution of the Fifteenth Amend
ment, but they are so comprehensive
that they include all citizens, free born
| as well as those who have been slaves,
and they apply TO all local as well
as general elections. Where is
the constitutional warrant for the
enactment of these laws? Two prOvis-
ions have been cited as warranting it in
very remarkable document, veto
number one, which we lately had the
homer to receive from the President,
and he is about equally unfortunate in
his reference to the law in veto number
| two. First he cites article ], section !,
of the Constitution. The fifth amend
mont does not support these statutes,
but the statutes 20 further back and
undertake to regulate the right of every
citizen To- vote no matter what
his color or his previous condition
is. The Supreme Court has decided
that these provisions are unConstitu
tiOnal, and that the Fifteenth Amend
ment Conicrs no right on any man to
vote, but guarantees those otherwise
| qualified against discrimination OF any
sort against voters. There is abundant
| provision in these sections 70 prevent
men from voting, but not their prOtec-
ton, and ample provision for the black
guard deputy marshals drawn from the
lowest purlieus OF New York and
Philadelphia. There is power for
them to arrest without warrant the most
peaceful and reputable Ctzens who
offers to vote and bring him before the
| United States Commissioner. They
can tear a State justice from his seat
where he is executing law. 1t is not
law 10 secure, but TO prevent the right
! to vote. Article |, section of the Con-
stituton gives Congress the power TO
regulate the times, places and manner
| of holding elections for representatives.
The laws sought to be repealed
have nothing to with times and
places; therefore the only pres
! ent application OF that article lies
! in the word manner The student
of this subject will observe that the
principal object Of this Constitutional
! provision is TO enable the Federal Gov
ernmen to preserve its existence. Mr..
| Thurman maintained that the laws now
sought TO be repealed were not Con-
stitutiOnal exercise of power to regulate
elections, for it is fundamental that Con-
gress cannot, under Article ], section 1,
! interfere an any manner with the cleo
| ton of State officers, and any regulation
| for Congressional elections enacted by
! Congress, must be so framed as not 10
50 interfere; no legal proposition was
clearer TO him than that. He proceeded
to show that under the existing law,
persons prevented from veting for
! Congressman, or for Presidential
elections, were at the same
time prevented from voting for local
and State officers. Article l. section 4,
would never have been adopted If our
fathers had foreseen the uses TO which
it W. uld be put, but even if these laws
were constitutional they ought to be re-
pealed, for instead of being in the inter
est of the pure and honest elections the
mind Of man never devised a worse in
strument of fraud, corruption and
oppression than these laws When
they were passed there were
only eight Democrats here and they
were powerless TO prevent their adop
ton.
Mr.. COnkling asked if it were posi-
ble that eight men would have made
so much noise as was made on that
occasion.
Mr.. Thurman said these eight men
were inspired. laughter. They stood
up for the Constitution and for hon
est elections, and naturally made a
noise, and something beside noise. 1t
was argument, and that argument has
had its effect. 1t has filled these seats
| and increased the number Of Demo
Gratis from seven, as when he first came
here, until they have spread and
reached over into the promised land. He
did not believe at that time that the
laws were passed TO protect the freed
| L. Ill,