The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-10-11

ments they had promised TO enforce a i
mere mochery.
Remember that during the Forty-fifth,
Forty-sixth, Forty eighth, Forty-ninth
and Fiftieth 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.
In 1888 the Democratic party put Mr.. |
Cleveland in nomination, and in its plat I
form declared: I'VE challenge the most |
searching scrutiny concerning its fidelity |
and devotion to the pledges which in
ylted the sutfrages OF the people in 1884,,
In 1884 it had declared Tor a free ballot and |
fair count.
Now, L 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 ballot? The only difference
now is that we still stand by the princi-
pie and the Democrats have abandoned 1t.
In 1872 the Democrats warn the people
against Federal control of elections. In
other words, that party declares that Con-
gress shall not by appropriate or any leg
lSIatIon secure 10 the negro IN the South
the right to vote at Federal elections.
All that any Republican has ever
claimed as TO the power of Congress is,
tIdG IL HIS Tie TlSEI 70 DFONlOS ny law
such machinery as shall protect the voter
in selecting Federal officers, and as shall
secure free ballot and fair count. 10
deny this power to the Federal Govern
ment is TO take from it the power to pre-
serve Its own existence. is there man
in this audience who will rise in his seat
and declare that no such power dWells in
our Government?
In the case Of eX parte Marlborough, u.
S. Reports, p. 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
in the Circuit Court of the United States,
for the District of Georgia, for conspiring
to intimidate and prevent Barry Sanders,
a citizen of African descent from voting
for member of Congress of the United
States. They We're afterward lmprlS-
oned in the Albany Penitentiary in the
State Of New York.
The prisoners claimed that the law I'M
der which they were convicted was I'M
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.
The contention of the petitioners was
that Congress had no right to interfere
with the elections held in any of the
States of the Union, whether the election
| was for 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
/ tons 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. / read from the opin-
/ ion Of Mr.. Justice Miller concurred in by
all the court:
THAT a Government whose essential
| character is republican; whose eXecu-
tive head and legislative body are both
elective; whose most numerous and pow
erful 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-
ton and of fraud, is a 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 in all the States, the court contin-
ueS:
Twill it be denied that it is in the 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:
| 10 10 ~ ~
United States, through long habit and
long years of fOrbearance, has, in deter
ence and respect to the States RETAINED
, from the exercise of these powers that
they are doubted.
But, when in the pursuance of new
demand for action, that body finds ii
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 to be upheld for the same
reason"
/ This language had the concurrence OF
an undivided court, and was used in g
case arising under law passed in 1870
} and that stands unrepealed to-day. (Re-
} vised Statutes, Section $780,. The pro-
5 visions of this law are ample to secure g
fair election ii they could be enforced.
r What new law may be required, OF
| when it may be passed, or how it may be-
= executed, or whether any law can be ex.
=
are questions not now before the people
3 The Democratic party has abandoned al
; its former declarations, but the Republic
f can party still stands for free ballot anC
= 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 shalt not be denied or abridged
: by the United States, or by any State, on &C
O count OF race, color, or previous condition o
Section 2. That Congress shall have powe
to enforce this Article by appropriate legisla
) ton.
The situation you all know. Nobod,
' denies the suppression OF the negro vOt
in the South. There are thlrty-eight Con
. | gressmen III the House OF Representa-
/ tives by reason of the negro population
: of the South. If these citizens resided il
L the North every electOr among then
5 would be allowed to vote. They live il
= the South, but have no voice in the seleC
! ton of their Representatives. Thes
VI thirty-eight Representatives with an en-
, franchised constituency who are not al
U lowed to vote, equal the number of Con
y gressmen sent by California, Oregon, Ne
yada, Nebraska, Kansas aud Iowa.
: The Democratic platform says that
. endeavor to correct this great wrong b
g Federal action would not only be uncou
81 stitutional but would result in establish
i, ing monarchy upon the ruins of tn
q republic. The Supreme Court of tn
y United States has said the power to col
rect this evil lies with Congress.
- l submit the question to intelliger
Ii citizens of the North whether this Govern
ment is acting bravely and honestly t.
t; ward the negro of the South?
am not now saying in what form rt
: lief must come, but l do say that this II
public cannot long endure when the pee
ple declare that the Government has n