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 S.ntes
Holds that the Federal Election Laws
arc Constitutional and Must be Oboycd.

/ The Supreme Court of the United State,
| Holds that the Federal Election Law,
arc Constitutional and Must be Obcyed
WASHINGTON, March IA decision
was rendered by the Supreme Court Of
the United States to day in what are
known as the kuklux cases, which stand
on the original docket under the title
Er rarte in the matter Of Jasper Yarbo.
rough and others. They are petitions
Tor writs Of habcas corpus to release Il
mum Der of persons now imprisoned under
Judgment of the United States Circui,
Court for the Northern District of Geor.
gia, rendered after the trial and convic.
ton of the prisoners for the offence of
threatening, beating and otherwise intim.
idatlng colorcd voters at an election
in Georgia for member of Congress.
lhe principal question presented by
the cases relates to the constitutjonality
! oi the law under which the prisoners are
iheid. Justice Miller, speaking for tho
kt"urt after deciding that the offence set
9arth III the indictment is fully covered
Q! Sections 5,50S and $500 of the Re.
wed Statutes, says: THAT a Govern.
meat whose essential character is repub
licea, whose executive head and lcrisla.
uVeoody are both elective, whose most
numerous and powerful branch OF tho
i.egieature is elected by the people
directI, has no power by appropriate
laws tosecure this election from the in.
tuencoa of violence, of corruption and
fraud, iea proposition so startling as to
arrest tbe attention aud demand ,ia
gFsves vsusidrration. If this Govern.
ment Is ANYTHING more than a mere ay
| gregatlon pt delegated agents III other
STATES @'ld governments each of which
is superior to the General Government
u must ha'e3p0wer to protect the elcc.
tions, on which its existence dcpend.
from violence and corruption. If il has
not this powerfh is left helpless before
the two great natural and historical
enemies of all Republicans-open VIC.
| lence and insidGous corruption" Ad.
dressing himself 20 the argument made
In this case, that because there is no ex.
press power delegated to Congress 10
provide for preventing violence exercised
on voter as q mcanB Of controlling his
vote no such law can be enacted, he saws
sit destroys ut one blow, in constructing
| the Constitution of the United States.
the doctrine universally applied to ali
instruments of writing. That what is
implied is as much part of the instru.
ment as what is expressed. This princi.
pie in its application to the Constitution
of the United States, more than almost
any other writing, is necessity by rea.
son of the inherent inability TO put into
words all the derivative powers, a diff
Guilty which the instrument itself recop-
nizes by comforting on Congress authority
to pass all laws necessary and proper to
carry into execution powers expressly
granted and all other powers vested in
the Government. or any branch of II. by
the Constitution" He points TO the
power of Congress to pass laws 10 punish
theft or robbery Of the treasury ofthe
United States and depredations on the
mails, although Congress has been given
no express authority to pass such laws.
AS to the argument that the States can
pass the necessary laws on this subject
and that no necessity exists for such
action by Congress, he points out thai
the existence of State laws furnishing the
counterfeitiDg Of coin of the United
States has never been held TO snpersede
the Acts of Congress passed for the pur-
pose or TO justify the United States in
failing TO enforce it's own laws to protect
the circulation of the coin which il
issues. He directs attention also TO the
atten pts Of Congress to protect officers oi
The Government iii the exercise OF their
duties in hostile communities, in the null
LITIGATION troubles in South Carolina and
in the late rebellion during the troubles
growing out of the enforcement of the
draft. He asks: "If it be not doubted
that Congress has power to provide laws
for the proper conduct of elections fol
representatives in Congress, are such
powers annulled because an election foY
State officers IS held at the same time
and place ?" and replies: "These ques-
tiGns answer themselves. 1t is only be.
cause the Congress of the United States
through long habit and years of forbear.
ance has, in deference and respect to the
| States, refrained from the exercise ol
these powers that they are now doubted
He holds that the 18th amendment oi
the Constitution, by its Limitation on the
power Of the States in the exercise oi
their right to prescribe the qualifications
of voters in their own elections and by
lis Limitation OF the power of the United
States over that subject, clearly show!
that the right of suffrage was considered
to be of supreme importance to the
| National Government aud was not inten
ded to be left within the exclusive con
troll of the State. He closes with ,hi:
language: Sin Republican Govern
ment like ours, where political power is
reposed exclusively in the representatives
of the entire body of the people chosen
at short intervals by popular elections,
the temptation to control these elections
by violence and by corruption is con.
slant source of danger. Such has been
the history Of all Republicans, and though
it has been comparatively free from both
these evils In the past, no lover OF his
country can shut mis- eyes 10 the fear OF
future danger from both sources. If the
recurrence of such acts rs these prisoners
stand convicted Of are too common in
one quarter Of the country and give
omen Of danger from lawless violence
the free use of money in elections arising
from the vast growth Of recent wealth in
other quarters presents equal cause fol
anxiety.
"The rule to show cause in this cas- IL
discharged and the writs of habeas corps
denied"