The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-04-18
PROTECTING THE BALLOT.

one OF the most important decisions ever
rendered by the United States Supreme Court
is the opinion of Mr.. Justice Miller, in e
parte Yarbrough and others, known as 'the
Ku-klux cases." The decision was made last
month. The cases arose in Georgia. The
~offenses charged are conspilacies to intimi-
date colored citizens in the exercise of their
right to vote for a member of Congress, etc.
The defendants were convicted in the District
Court, and sentenced to Imprisonment in the
penitentiary, and are there now under the
sentence. The cases came before the Supreme
Court on habeas corpus applications filed by
the proceedings of the District Court, and
denied the writs of habeas corpus asked by
the defendants. The court holds that
it is not only within the power but
that it is the duty of the government,
by appropriate laws, to protect the elections on
which its very existence depends from VIC
lence and corruption; that if the power is not
express, it is clearly implied, and that what is
implied is as much a part of the Constitution
as what is expressed; that the duty of the
government to protect the voter does not arise
solely from the interest of the party concerned,
but from the necessity of the government it
self, that the votes by which its members of
Congress and its President are elected shall be
the free votes of the electors, and the officers
thus elected the free and uncorrupted choice
of those who have the right to take part in
that choice.
In view Of the recent decision of the same
court on the civil-rights bill and some earlier
opinions involving other sections of
the Revised Statutes concerning elections,
this last opinion seems something like a new
departure, although the court explains and
limits some of its former opinions, and recon
Giles its opinion in United States vs.. Reese
with its present opinion.
Certainly, without any criticism Of former
opinions, it must be said that the present one
has the right ring to ii, and that the words Of
Justice Miller are brave words. In the con-
clusion of his opinion the Justice says:
'1n a republican government like ours,
where political power is reposed in representa-
tives of the entire body of the people, chosen
at short intervals by popular elections, the
temptations to control these elections by vio-
lence and by corruption is a constant source
of danger. = If the government of
the United States has within its constitution
al domain no authority to provide against
those evils; if the very sources Of power may
be poisoned by corruption, or controlled
by violence and outrage, without legal re-
%straint, then, indeed, is the country in dan
ger, and its best powers, its highest purposes,
the hopes which it inspires, and the love
which enshrines it, are at the mercy of the
combinations of those who respect no right
but brute force on the one hand and unprin-
| cipled corruptionists on the other"
This opinion comes in good time, inasmuch
as it at least seemed that the court in the
Cruikshank and Reese cases, and some others,
was interpreting the Constitution strictly in
accordance to the letter which was without
life, and for the time being forgetting its
spirit, wherein were the relish and salt of sal
walton. The words of Mr.. Justice Miller are
words spoken in season. The Supreme Court
has declared the law. If it shall be en-
forced as pronounced by the authorities upon
when that duty devolves, the elections under
national control will be determined by the
free votes of the voters, undeterred by force
and interrupted by fraud.