The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-04

United States Circuit Court for the Northern dis
trict of Georgia, rendered after trial and convic-
ton of the prisoners for the otlense of threaten
ing, beating and otherwise intimidating colored
voters at the election in Georgia for a member
of Congress. The principal question presented
relates to the constitutionality of the law under
which the prisoners are held. Justice Miller,
speaking for the court after deciding that the
Offense set forth in the Indictment IS fully GOV
cred by sections 5j0S and 1920 of the Revised
Statutes says. THAT government whose essen
tial character is epublican-whose executive
head and legislative body are both elective
whose most numerous and powerful branch OF
the legislature is elective by the people
directly-has no power by appropriate laws to
secure its elections from the influence Of VIC
lence, corruption and fraud is a proposition so
startling as to arrest attention and demand the
gravest consideration. If this government is
anything more than mere aggregation of dele
gated agents of other States and governments,
each of which is superior to the general govern
ment it must have the power to protect cleo
tions on which its existence depends from VIC
lence and corruption. If it has not this power
it is left helpless before two great natural and
historical enemies Of al republics, open violence
and insidious corruption"
Addressing himself to the argument made in
this case, that because there is no express power
delegated to Congress to provide for preventing
violence exercised on Il voter as a means of con
trolling his vote. such law can be enacted
he says: 1T destroys at one blow, in constituting
une CONSTITUTION OF Ine OnlUeu states, Ine uOc
trine universally applied to all instruments of
writing. that what is implied is as much a part
of the instrument as what is expressed He
asks, "If it be not doubted that Congress
| has the power to provide laws
for the proper conduct of elections for
representatives in Congress, are such powers an
nulled because an election for State officers is
held at the same time and place. and replies:
These questions answer themselves, and it is
| only because the Congress of the United States
through long habit and through long years
of forbearance in Difference and respect to the
| States, refrained from the exercise of these
powers that they are now doubted"
He holds that the Fifteenth Amendment to the
Constitution, by its Limitation of the power of
States in the exercise of their right to prescribe
the qualifications of vOtess in their own elections
and by its limitation of the power of the United
States over that subject clearly shows that the
right of suffrage was considered to be of su-
preme Importance to the national government
and was not intended to be left within the ex-
elusive control of the States.
He closes with this language ''In a Repub-
lican government like ours where political
power is reposed exclusively in the representa-
tives of the entire body of the people, chosen at
short intervals by popular elections temptations
to control these elections by violence and by cor
ruption is a constant source of danger Such
has been the history of all republics, and though
ours has been comparatively free from both
evils in the past no lover of his country can
shut his eyes to the fear of future danger from
both sources. If recurrence of such acts these
prisoners are convicted of, are too common in
one quarter of the country and give an omen
of danger from lawless violence, the free use of
money in elections arising from the vast growth
of recent acquired wealth in other quarters pre-
sents equal cuse for anxiety. The rule to
show cause in this case is discharged and writS
OF habeaS corpus denied