The record-union., 1892-10-19

III tue Souln, ana planted themselves, as
usual, upon an assumed construction of
the Constitution which emasculated that
sacred Instrument, and made the amend
ments they had promised TO enforce
mere nlockery.
Remember that during the Forty-fifth,
Forty-sixth, Forty-eighth, Forty ninth
and Flftleth Congresses, and up to March
4, 1889, the Democrats held control of the
House Of Representatives
During all this time they did nothing
TO carry out their solemn pledges, but
yielded an abject obedience to the Demo-
Gratis Of the South.
n lSSS the Democratic party put Mr..
Cleveland in nomination, and in its plat
form declared I'VE challenge the most
searching scrutiny concerning its fidelity
and devotion to the pledges which in
ylted the suilrages OF the people in 1884"
In 1854 it had declared tor Il free ballotand
a fair count
Now, [ ask you, fellow-citizens, to de-
eide whether the Democratic party has
not, by its platforms, taken as strong
ground as the Republicans on this ques-
ton Of the ballot2 The only difference
now is that We still stand by the princi-
pie and the Democrats have abandoned it.
In 1872 the Democrats warn the people
against Federal control OF elections. In
other words, that party declares that Con-
gress snail not by appropriate or any leg
the right to vote at Federal elections.
All that any Republican has ever
clalned as to the power OF Congress is,
that 1t has the right to provide by law
such machinery as shall protect the voter
III selecting Federal officers, and Us shall
secure free ballot and fair count. 70
deny this power to the Federal Govern
ment IS to take from it the power to pre-
serve It's own existence. Is there man
IN TINS audience who Will rise III his seat
and declare that no such power dwells in
our Government?
In the case OF ex parte Marlborough, q.
). reports, D. 66l, the decision of the Su-
preme Court, to which ! have alluded, will
be found. Jasper Marlborough. and seven
other citizens Of Georgia, were convicted
III the Circuit Court OF the nited States,
for the District Of Georgia, for conSpiring
to lntimidate and prevent Barry Sanders,
citizen of African descent, from voting
Tor member OF Congress OF the United
States. They were afterward impris-
oned in the Albany Penitentiary in the
State Of New York.
The prisoners claimed that the law un-
der which they were convicted was un-
constitutional and void, and they brought
the matter before the United States Su-
preme Court by habeas corpus. Mr..
Justice Miller delivered the unanimous
opinion OF the court dismissing the writ.
that Congress had no right to interfere
with the elections held in any of the
States of the Union, whether the election
was for Il United States officer or not,
The argument then was the same as the
argument now made by Democrats.
In their platform to-day they speak of
the policy of the Federal control of cleo
tions as little less than a revolution estab-
fishing monarchy on the ruins of the re-
public.
Now listen to the Supreme Court of
the United States. l read from the opin-
ion of Mr.. Justice Miller coneurred in by
all the court:
That Government whose essential
character Is republican; whose eXecu-
tive head and legislative body are both
elective; whose most numerous and pow
ertul branch of the Legislature is elected
directly by the people, has no power by
appropriate laws to secure the election
from the influence of violence, of corrup-
uon and OF fraud, IS proposition so
startling as to arrest attention and de-
mand the greatest consideration"
After arguing the proposition fully and
tracing the legislation of Congress in the
exercise of similar powers, and calling
attention to the Act Of 1872, fixing the
time for the election of members of Con-
gress III all the States, the court contin-
ueS:
''Will it be denied that it is in tho pow
er Of Congress to provide laws for the
proper conduct of those elections? To
provide, If necessary, the officers who
shall conduct them and make the re-
turns Of the RESULT and especially to pro
vide in all elections held under its own
authority for security of life and limb to
the voter while in the exercise OF this
function? Can it be doubted that Con-
gress can, by law, protect the act of vot-
ing, the place Where it is done, and the
man who votes from personal violence
or intimidation, and the election itself
from corruption and fraud?
'These questions answer themselves;
and it is only because the Congress of the
United States, through long habit and
long years Of forbearance, has, in deter
ence and respect to the States, refrained
from the exercise OF these powers that
they are doubted.
But, when in the pursuance of a new
demand for action, that body finds it
necessary to make additional laws for the
free, the pure and the safe exercise of this
right OF voting, they stand upon the same
ground and are 10 be upheld for the same
reasOn.'
This language had the concurrence of
an undivided court, and was used in
case arising under a law passed in 1870.
and that stands unrepealed to-day (Re-
yised Statutes, Section $685. The pro-
visions of this law are ample to secure a
fair election il they could be enforced.
What new law may be required or
when it may be passed, or how it may be
executed, or whether any law can be ex-
ecuted or not at tine South on the subject.
are questions not now before the DeOple
The Democratic party has abandoned all
its former declarations, but the Republi-
can party still stands for free ballot and
a fair count.
Let us see what the Fifteenth Amend
ment of our Constitution is. 1t provides
as follows:
Section l. The right of citizens of the United
States to vote shall not be denied or abridged
by the United States or by any State on ac-
count OF race, color, or preyions condition of
Section 2. That Congress shall have power
to enforce this Article by appropriate legisla-
ton.
The situation you all know. Nobody
denies the suppression OF the negro vote
in the South. There are thlrty-eight Con-
gressmen in the House Of Representa-
tives by reason Of the negro population
OF the South. If these citizens resided in
the North every elector among them
would be allowed TO vote. They live in
the South, but have no voice in the selec-
ton OF their Representatives. These
thirty-eight Representatives, with an en-
franchised constituency who are not al
lowed TO vote, equal the number of Con-
gressnnen sent by California, Oregon, Ne !
vada, Nebraska, Kansas and Iowa.
The Democratic platform says that to
endeavor to correct this great wrong by
Federal action would not only he uncon-
stitutional but would result in establish
ing a monarchy upon the ruins cE the
republic. The Supreme Court of the
United States has said the power to cor
rect this evil lies with Congress.
l submit the question to Intelligent
citizens ofthe North whether this Govern
ment is acting bravely and honestly to-
ward the negro of the South?