, 1880-02-15
BEN BUTLER's BOOM.
HIS BRIEF IN TIE BoYNroN-LoRNG ELEC-
TON CASE.

HIS BRIEF IN TIE BOYNTON-LOR1NG ELEC.
TON CASE.
Special Dtsputch to The Chicago Tribune.
WASHINGTON, D. G., Feb. 14.-Gen. Butler
to-day filed his brief in the case of E. Moody
Boynton (Greenbacker) against George B.
Loring, from the Sixth Massachusetts Con-
gressional District. Aside from the local
features of this case it has a National bear
ing on account Of the view which Butler
takes Of the effect Of State statutes regu-
lating suffrage upon the representation of the
States in Congress and in the Electoral Col
lege. Gen. Buffers friends have declared
that the presentation OF this brief would have
the effect Of bombshell in Congress. The
following are the principal points Of this ar
gument so far as they have
GENERAL INTEREST:
An amendment to the Constitution Of Mas
sachusetts, adopted In Known othing times,
declares that No person shall have right
to vote or be eligible to Office under the Con-
stitutlun Of this Commonwealth who shall
not be able to read the Constitution in the
English language and write his name.' This
provision, Butler claims, has been used in
Massachusetts as an instrument of political
oppression, and is the real cause of the de-
census for series Of years, Gen. Butler
zens Of the United States in Massachusetts,
made SO by the Fourteenth Amendment,
some 1859
ARE D1sFRANCH1sED
under the constitutional provisions Of the
State above cited. This provision, he main
tains, IS in contravention Of the first section
of the Fourteenth Amendment to the Consti-
tuition Of the United States. The right to
vote, he argues, is one of the privileges and
imnlunities guaranteed to citizen Of the
United States by this amendment,
and he claims to be able to
demonstrate that 1859 citizens Of the
United States resident in Massachusetts
have their immunities and privileges
1o 4ofge e G e a Gep31ea pqoaoa o5 o pf5 m gds 5G
Constitution. But the conclusion which
Butler draws from this is that the representa-
tion In Congress should be reduced from
eleven members to eight, and
IT'S REPRESENTATION IN THE ELECTORAL
COLLEGE
from thirteen votes to ten, inasmuch as he
claims that ,two-thirds Of her voters are DE-
eracy. Butler recommends, therefore, that
Loring be unseated and Moody ;Boyn-
ton seated, on, the ground that the
House has the right to. prevent
wrong-doers from enjoying the benefits OF
such wrongs, either in too great representa-
thereby contr rolling the choice Of President.
The Democrats, WHO are seeking various pre-,
texts to urseat the Republican members, will
doubtless take q hint from Buffers brief, and
search the statutes Of Indiana Wisconsin,
and Florida to gee If there is any hitherto un-
discovered clause in the suffrage laws Of
those States which will help them in their
to
STEAL TIE PRESIDENCY
by the House in the event Of q non-election
by the people. One Of Buffers purposes in
advancing this theory is said to be to secure
the repeal OF the MASSACHUSETTS, provision
relative to illiteracy: He is confident that if
that safeguard to the ballot-box should be
removed he could secure his ambition to be
Governor of that Stote by the votes of the
1866 600 illitcrates who, be claims, are disfran-
chised and thus make his own election sure.
The Massachusetts people will dispute But !
|er's assumption as to the extent of the Hit
eracy, and deny his conclusions Of law as to
The bearing Of the Fourteenth Amendment
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