The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1884-03-13
THE Law OF THE LAND.
The Supreme Court of the United States
Holds that the Federal Election LAWS
arc Constitutional and Must he Obcycd.

The Supreme Court of the United State
Holds that the Federal Election Law
arc Constitutional and Must he Obcycd
WASHINGTON, March "a decisio,
was rendered by the Supreme Court o
the United States to-day in what ar
known as the Kuklux cases, which stanc
on the original docket under the It'll
Er parte in the matter of Jasper Yarbo
rough and others. They are petitions
for writs of habeas corpus to release
number Of persons now imprisoned unde
judgment of the United States Circui
Court for the Northern District of Geor
gia, rendered after the trial and convic
tion of the prisoners for the offence o.
threatening, beating and otherwise intim
idating colored voters at an election
in Georgia for member of Congress.
The principal question presented by
the cases relates to the constitutionality
of the law under which the prisoners are
held. Justice Miller, speaking for the
Court, after deciding that the offence set
a,rth in the indictment is fully covered
b Sections 5,50S and $500 of the Re-
We'd Statutes, says: "That Govern
mot whose essential character is repub.
lica, whose executive head and legisla.
tlvepody are both elective, whose most
INJURIOUS and powerful branch of the
Leglature is elected by the people
;dlrecty has no power by appropriate
laws tqecure this election from the in
iuenceI,of violence, of corruption and
fraud, iA proposition so startling as to
arrest tA attention and demand the
gravest dpsideration. If this Govern
ment is anthing more than mere ag.
gregation delegated agents Of other
is superior Il the General Government,
it must have iower to protect the eec.
tions, on whh its existence depends,
from violence I'D corruption. If it has
not this lower is left helpless before
the two greatpatural and historical
enemies Of all Sepublicans-open vic.
lence and insidaus corruption" Ad.
dressing himself |. the argument made
in this case, that hause there is no ex.
press power deleged to Congress to
provide for preventis violence exercised
on voter as meanipf controlling his
vote no such law can enacted, he says:
SIT destroys at one BID. in constructing
the Constitution of IL United States.
the doctrine UNIVERSAL, applied to all
instruments OF writing! That what is
implied is as much parlcf the instru.
ment as what is expressed This pripci-
pie in its application to thConstitution
of the United States, more,han almost
any other writing, is a necesty by rea.
son of the inherent inabilityo put into
words all the deriyative pows, a diff
Guilty which the instrument tiff recog-
nizes by comforting on Congressuthorily
to pass all laws necessary and Dper to
carry into execution powers eoressly
granted and all other powers Wed in
the Government. or any branch OIL by
the Constitution" lie points / the
power of Congress tc pass laws to puish
theft or robbery of the treasury othe
United States and depredations onhe
mails, although Congress has been GIN
no express authority to pass such lay
AS to the argument that the States cA
pass the necessary laws on this subjec,
and that no necessity exists for sucl
action by Congress, he points out tina
the existence of State laws furnishing th'
counterfeitiDg of coin of the Unite'
States has never been held to supersed
the Acts of Congress passed for the pur
pose or to justify the United States il
failing to enforce its own laws to protec
the circulation of the coin which j
issues. He directs attention also to tn
attempts Of Congress to protect officers . 9
the Government in the exercise of thel
duties in hostile communities, in the nul
LITIGATION troubles in South Carolina ant
in the late rebellion during the trouble
growing out of the enforcement of tn
draft. He asks: eff it be not doubte'
that Congress has power to provide law
for the proper conduct of elections TO
representatives in Congress, are sucl
powers annulled because an election TO
State officers is held at the same tim
and place?" and replies: "These ques
tions answer themselves. 1t is only be
cause the Congress of the United State
through long habit and years of forbea1
auce has, in Difference and respect to th
States, refrained from the exercise Q
these powers that they are now doubted.
He holds that the 18th amendment Q
the Constitution, by its limitation on th
power of the States in the exercise O
their right to prescribe the qualification
of voters in their own elections and b.
its Limitation of the power of the Unite
States over that subject, clearly show
that the right of Suffrage was consldere'
to be of supreme Importance to TN
National Government aud was not inten
ded to be left within the exclusive con
troll of the State. He closes with lhl
language SIN q Republican Govern
ment like ours, where political power !
reposed exclusively in the representative
of the entire body of the people chose
at short intervals by popular elections
the temptation to control these election
by violence and by corruption is a con
slant source of danger. Such has bee
the history of all Republicans, and thoug
it has been comparatively free from 6oti
these evils in the past, no lover OF hi
country can shut his eyes 10 the fear c
future danger from both sources. If tn
recurrence of such acts as these prisoner
stand convicted of are too common i
one quarter of the country and Civ
omen of danger from lawless violence
the free use of money in elections arlsin
from the vast growth of recent wealth i
other quarters presents equal cause 1o
anxiety.
"The rule to show cause in this case
discharged and the writs OF habcas corp'
denied"