The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-12-01
A Pennsylvanian on the Presidential
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from an able Pennsylvania nwyer--an LII.
d.. In fact. II does not 40 too isr In pro.
uounciug the acts OF Ccnsress snconstitu-
tIonal, 10 which the Republicans owe their
majority in the mex, House Of Represents
tiycs, and to which AR. GAtPIsLD owes bis
election; but ia Suggesting that Mr.. OAR
Y~s.p should be counted out by Congress 1t
recommends What the people would not
Isss,ify Congress In dolsg. True statesman
tship does net run headlong against stone
walls. but accommodates Itself TO uaavoida-
BILE and uncomfortable circumstances The
people wossd not 10 further than 10 Justify
the Democrats In retaining contro, Of The
House OF Representatives by ordetfng ucw
elections In aIF6 those districts whfcA the
Republicans undoubtedly carried a,g force
and iuIimidation, and the seating ef the
Democraticcc5ntestan FROM al The districts
carried by the Republicans ey corruption,
fraud, and Intimidation:
| 10 Hts Edttors of the Dis7a5chs.
Therecanuot be any faircr question as to
the character of the Constitution OF the
Uaited States. From the history OF It's
framing and adoption, and from its con-
tents ."wiihin its four cerncrs," can be
gathered by any candid and commoB-seDse
restier of II that the Constitution OF the
United States IS the organic law OF Fede-
raiSSnd not Of a Natiogd Government. III
as, enong the records Of the Convention
| wiSch framed il, that a proposition TO In
sert the word natioBsl," as defining its
scbaracter. was defeated by vote OF that
lGchvention. II so, 1t Ia reasonable TO ex-
pect that the affiliated, free, sovereign, and
Independent States or commemorative
lcwhich in, through, and by meaDs OF that
l-organic law in the nature OF a treaty,
Eeague, compact, or cnnfederacy between
Anstionalities) entered into Federal Union
ltermed "tbe United States OF America"
1 would be jealous OF interference or inter
\ yention by the Federal Government with
out clear constitutional warranty In their
| domestic affairs, and especially In the mat
ter of full, free, and untrammelled eKer-
else OF the invaluable right al suffrage 10y
their respectively qualified voters, as pre-
scribed and ree9lated by their respective
| Legislaturcs), by means OF the exercise OF
any official influence whatever. Accord
ingly the SECOND section Of The second artI-
| Gle OF the Constitution Of the United States
provides on the srij ct of choice OF Prcsi-
den: and Vice-President OF the United
States as follows: Eich State shall
appoint in such manner as the Legs
lature thereof may direct number az
electors equal to the whole number OF
senators and representatives to which the
State may be entitled IN Congress; but no
senator or representative, or person hold
ing an Office OF trust or profit under the
United States, shall be appointed an elect
or" The foregoing is a provision or safe
guard against inteI ference or Intervention.
| by means OF It's official influence Qn the
matter OF the choice Of President OF the
| United States at q State eleclI0nl by the
Federal Government. Does it not follow
that the unwairanted official presence OF
deputy marshaIs of the Uniled States lin
vested by act of Congress With authority
TO challenge and arrest voters without Judi.
cal warranty, in OverawDg numerical force
at an election held exclusively under State
prescriptions" " direction" and "regu-
Iati0D," for electors of President and Vice
President of the United States, claiming and
exercising at such time aud place tue afore.
mentioned summary official right and poweT,
is violation OF the spirit and meaning OF
the Federal Constitution, a disregard OF the
jealousy OF Federal interference in State
affairs (which anmates the Federal com
pacl), which make void an election held
under such circumstances. and lustlhes las
the only practical remedy OF such great
wroDg) an entire rejection OF the State poll
affected by it when Congress proceeds to
g count" the electoral vote OF the State in
Which the outrage was perpetrated? But
il may be said in objection to the foregoing
views, that the first article OF section 4th
OF the Constitution OF the United States
provides as follows: "The times, places,
and manner OF holding elections for sena'
tors and.reprC sentative, shall be prescribed
in each State by the Legislature thereof;
but the Congress may, at any time. by
law, make or alter such regulations,
except as TO the places OF choosing
senators that Congress has by law Greg
ulaied the manner of holding elections for
in Congress" throughout
the respective States by authorizing the
official presence at such congressional cleo
tons OF deputy marshaIs OF the United
States, clothed with authority to arrest, |
without judicial warrant. at their discre.
ton, voters at such elections, that there
fore deputy marshals Of the Uuted States |
are ,constitutionaly present at such polls,
and do not vitiate by their official presence,
or the exercise of their aforementioned |
official authority, elections held for the |
choice OF electors Of President and Vice |
President of the United States in the re-
speeti4e States, conducted (by "determina- |
tion Of Congress, at the same iime) on the |
principle OF reddendo Singuia Singuis." Ii |
is manifest that the most which can be |
claimed for such an objection is that 1t is |
ia the nature OF special plea in |
confession ana avoidance. The matter |
pleaded. in avoidance OF breach OF con-
stitutiOnal prohibition, is scarcely plausible. |
Without traversing the cOnstitutionaity Of
what is known in general parlance as the
deputy ma, sbals act Of Congrt IS hich il
rs not necessary to tue formation of the
present issue to deny, ii is sufficient re-
ply to the aforementioned plea TO aver that
the constitutonaIity OF one official act is no
J justification OF a distinct, contem porsn eous
act clearly unconstitutional and invalid
aliDg, especially where 1t is impossible to
separate or distinguish effects or conse.
quences. The fact of Federal interference
with State election 10y means OF the off
cIal presence, authority, and influence II
partisan deputy marshas Of the United
States in numbers and force calculated to act
g in terrOrem" on the voters, and TO afford
facilities for ballOt-stuffiug, repeating, COLO
nixatlOn, illegal personatiop, and voting, 10 Il
the political party OF which they are men,
bers) remains admitted, ana is incontio-
Vertible in respect 10 its legal consequences