Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1881-02-12
NTATE RI1H rs.
The Charge Of chief Justice com
axvH ain the Tyre EIecttOn CSsa.

in the charge of Chief Justice ComeSyS
to the jury in the Tyre election case
Yesterday. In starting out the Judge
read the following from the ninth $50
ton of Chapter 1t of the Revised Code
relating to the penalty for taking an
illegal vots or tor refusing to taEe le-
gal vote Al
If at any election, the presiding en-
Ger, or Judge OF the election, 5hsi'
knowingly ard wiIlfrlly receive or al
wise and consent to the receiving oil the
vote OF any person not entitled 10 Vo'e
at such election, or il such presiding
officers, or Judge, shall Knowingly OF
willfully refuse to receive, or advise
aud concur in refusing TO receive the
vote of any person entitled to vote al
suoh election spy such presiding ON
GER, or Judge shall for every sueh OF.
tense, forfeit and pay the sum OF S2Oo
f. any person who will sue for the
same; or such presiding officer, or judge
ssall for every snch otfense, be deemed
guilty of a misdemeanor, and shall he
Rued not less than $50 nor more than
5000. Both the aforesaid penalties
shall not be incurred for he same OF.
fspse: and conviction upon PA indict'
meut, or a Judgment in the alternate
proceeding. But III all cases an oten-
der under this section shall he further
liable to be Indicted and punished as
in other casee, for williul and corrupt
perjury in having violated his oath or
affirmation, as such presiding officer or
judge.
Tue Chief Justice then reviewed the
evidence in the case and aIso the
Constitutional provisions enacted from
time to time from the existence OF the
tiovernment up TO the passage OF the
act of Congress in March 1868, which
Idisfranchised citizens rom citizenship
aud prevented them from becoming
ritiz as for dssertiGr from the army.
After An able and exhaustive COLLATION.
Of the Sols Of Congress on questions IN
vcIviug States rights, tie Chic! Justice
| concluded as follows;
1t has never been seriously contend
I'd thSt Congress has any power to pre-
scribe the qualification of voters IN the
several States, That power rests with
the States al0rs, which have alno5t as
many different laws or provisions upon
that suhirot as there are different com
nuoities. Congress has full power tc
regulate the time, place and manner Of
elscting representatives,, and the time
aud manner OF electing Senators, bu'
no power OF prescribing the conditions
for exercise Of the elective franchise
That important function is one Of Thu
reserved powers of the State, ana par
of their sovereign rights. THIS una!
seem strange doctrine TO a great man!
excellent and honest people, who il
one way or another have C0meto ba
lieve that Congressional power is sptl
cisnt for all things.
i But, to properly understand eur com
pick system OF government, they mus
take into account the source whence
the United States Government sprung
the powers conferred upon it by III
States and the people who created 1t
and the object they had in view in sue
creation.
= Viewing it, as the student Of its bis
+ tory must, as a government OF Unite
eowers-thouGh entirely sovereig
where they exist--he will seek in Val
t in its constitution, for any clause {
t expression which, directly, or by an
- liberal construction OF It, or interenc
resulting from it, warrants the sssuml
y ton that TIE general government CO
y by penalty, or otherwise interfere vii
!. the right of citizen Of State to yO'
at the elections held here.
Then what does section 1896 OF Il
10 Revised Statutes OF the Emitted Stat
II mean 1t means this that tbs citi1e
J. ship which belonged to the deserter
=. virtue Of his bsing,,an inhabitant OF Il
, Union and citizen of State or in
/ condition to become sush, is TAX
b away from him, with all its rights, 81
n that be is forever excluded from hot
- ing any Office of trust or profit urd
the United States, or Of exercising &
81 right Of citizens thereof.
II He is in effect, so far as this terrih
II penalty is denounced against him, e
p alien precluded from being a tidems
, ter even, and not in any respect en-
" tied to call upon the United States &c
ii errment TO protect him IN any cl'
u. rights, or to call himself by the pro
of American citizen. But he
not on that account any the less 3 CT
10 zsn Of state III he were one bstoI
TO entitled to its protection, owing duty
IS. its government, and with the tight
h share in the administration of its
fairs, and take part in the election ht
oe therein. Entertaining these views,
he Instruct you that Ellis Furgeson /
al the right to vote at the election in t
al State on the Tuesday next after
inst Monday Of last November, a
no that ais ballot was improperly rejsc
tie by the defendant.
Oh The other question ibid the
~ PENDANT in his indictment knowing
and willfully rejes! it' II lie did, Il
aS your verdict should be against h
at unless you are satisfied from the {
to dence, that he acted honestly in SO
ior ing, and through mistake. An insl
w tor of An election il a judge Of the oc
10 sion; his functions are judicial as v
he as executive.
To- He is to decide, with the aid Of
=. associates and such light that surroul
~ him at the time, upon the consti
m tional question Of mans right to vc
Ia Now as judges are the same as oil
people and with like infrmities
Judgment also, it has ever been
Flaw that no judge can bs question
for mistake or error OF judgment; 8
eW only can he be called TO reac cunt VIII
hat he acts fraudulsntly or eorruptly,
hi. with wiliul determination to do as
-. please. The old maxim tina. ev,
&c man is presumed to know the law,
ore no application in the case Of a ju