Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-11-02
NEAR ABINGDON. October 80. 1884.

Il
| H0p. Thomas s. AMinS:
Dear Judge. i have Just received your
| letter Of the 2Sth instant.
When came out here on the 18th 10
| take my family TO the East | was seized
with IN acute attack OF sciaticl, which for
badc all motion and Frustrated me. Coming
after long attack VI rheumatism g.. in
milder form. this attack is more obstinate
than il would otherwise have been. 1t
will not be possible. therefore. for me TO
be in Richmond before the election, aS you
suggest. though hope TO be able TO get
down to Norfolk on the Sd November.
Unable 10 enjoy the advantage OF an oral
conference with YOU on the laws relating
10 the approaching Federal election. as YOU
invite, viii crave OF YOU the liberty OF
saving a few things on the subject in wri.
ting. not in the expectation of affecting
youI own well-mltIred views, but only OF
appri>ing YOU II mine.
4 cardinal view which hold on the
subject is. that State officers who otciIte
at Federal elections are. a. to those
elections, officers Of the United States and
amenable To the laws Of the United States
in their conduct in conducting those cleo.
tons. If they violate any Of those laws IN
executing their trusts they are amenable 10
indictment and tria! before the United
STATES courts, and are liable to arrest even
while in ibe pretended discharge OF their
duty. This j. proposition which sup
pose will not he disputed.
As TO vOtin" on afiidavit,. no man ha>
right to vote on simple oath that he i en-
Titled to vote. but failed to qualify proper
". He must set ont in his affidavit that
he has Il right 10 vote in thlt particular
precinct; that he was entitled 10 be regis
tered in that precinct; that he offered
hims eli for registration there within the
time prescribed by law for the purpose;
and that he failed TO be registered wholly
10y The fault Of the registering officer.
Now. - to the serious matter of the ar
rest Of election officers while in the d.
charge OF their duties. Neither a COM
mission from the state nor from
the United states gives immunity
for Wiliul violations of Law. Nor does the
Official oath always restrain officers from
Violating the very laws which they are
sworn to administer. Therefore, neither
the commission nor the oath must he held
to- protect officers from arrest who wilfuly
violate the election laws for the purpose OF
depryng voters Of their right OF suffrage.
Bul arrests Of election officers ought not
TO be made lightly; ought not to be made
except for grave cause, after il becomes
manifest that citizens entitled to vote are
wilfully deprived of the franchise by In SO
otcnS by the manner in which they per-
form their duties. IN cases Of this sort
You are At liberty to notify and publish II
the nitcd States commissioners. ~ from
me. that no arrest Of IN election officer
while i'm discharge Of his duties i to be
made IN Richmond except after advise
mcni with YOU and full opportunity given
YOU 10 supply the vacancy Occa,iOncd 10y
'he arrest.
For all these propositions | RELY upon
those sections OF the United STATES Revised
statutes upon which relied in giving in
structiOnS III November, 1882. several
learned lawyers of Richmond cOntended.
then. that these sections had been repealed
by certain decisions Of the Supreme Court
Of the United states. But, IL TO Federal
elections, they have never been so repealed;
but have been relied upon a. valid by the
supreme Court Itself in several cases. and
especially in the quite recent case from
GcOrgia of erpGgte idrbOr0V9h, in 10
United States reports. Writing from
memory. the citation may be partially inic-
curatc.
sincerely trust, however. and conf
IDENTITY believe, that the election IN Rich.
mond Will be fairly md peacefully con-
Quoted.
nope 10 reach Norfolk on the afternoon
Of the Sd Of November. and 10 be in my
office there all day on the 9Th.
Yours most sincerely.
EO. w. HrGmES.