New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-09-25
It chooses to interfere there is nothing in the words

may DO either 1t may either make the regulations OF
1t may alter them. The power Of Congress over th'
subject IL paramount 1t may be exercised and wher
Congress 1T exercise IL. When exercised M
action OF Congress- far as It extends and conflicts
with the regulations OF the State. necessarily supersede
them. This is implied IN the power to make or after
JUSTICE MILLER's OPINION
The eloquent opinion of the late Justice Miller in
Tex parte Marlborough" reasserting this view Is
spread out in the minority report and deserves the
attention of every thoughtful citizen. It's closing
passages are these
II this IS enytlLng moro than mere az
greeaton Of delegated agents Of other ana
enss each Of superior to the general Govern
ment IL must have the power 10 protect the eecuo on
which Its depends from violence ana corruption
II IL has not thl. power It is left helpless before the
great and historical enemies OF all republics
open violence and insidious corruption
VIII It be denied that it is in the power OF that body
q, provide lows proper conduct Of those elections
tn provde ~ necessary the officers shall conduct
them and make Of the rcsultl And especially to
provide in election held under It's own authority FOR
security Of life and limb To the voter while in the exercise
OF function Can Il be doubted that Congress can by
law proect the act Of voting the place where it is done
and man who votes from personal violence or in
tmdaton and the election itself from corruption and
fraud7
II this be So and 1t is not doubted such powers
nued because election for state officers is held at
the and placel is IL any loss important that
the election Of members Of Congress should be the rcH
choice OF ell the electors because State Oces are 10 Dc
elected at the same timer
These questions answer Themselves; and il only be-
cause the Congress Of the United States through long
habits and long years Of fobearance has in Difference
and respect the State RETAINED from the exercise of
these powers that they doubted
But when, In the pursuance OF demand for action
that body. T. did in the cases just enumerated Ends 1t
necessary to make additional laws for the free the pure
and the safe exercise OF this light OF voting they stand
upon the ground and be upheld for the same
reasons.
IL this wore conceded, the importance to the General
OF having the actial eectonsthc voting for
thO.e MEMBERSHIPS from force and fraud is not dimi
ished by tie circumstance that the qualification o' the
voter is determined by the law Of the State where he
1t equally affects the Government IL is as in
dspnae the proper discharge Of the great function OF
legatng for that Government that those who are 10
control this legislation shall not owe ther ELECTION 70
bribery or violence class OF who shall
vote is determined the law of the State or by the law
Of the United States. by their united result
n the Government Of the United states has within IT.
constitutional domain authority provide against these
OWLS II the very sources powc, may be poisoned by
corruption controlled by violence and outrage without
legal restraint then, indeed the country danger. and
its best powers highest purposes the hopes which it
aud the love which enshrincs it, arc at the
mercy OF the combination. Of those who respect no right
but brute force the one haid and unprincpcd cor
fuptionss the other.
SUNSET" COX'S APPROVAL
Referring to the fact that heretofore there
the operation Of these laws especially in Newlorll
City, the report quotes from the reports of Demo
cratic Congressional committees commencing them
and the manner of their execution The most
notable of these was the report of Sunset
Cox's committee in 1871. Mr.. Cox was not only
a Democrat, but a Tammany Democrat and
New-Yorker, and his remarkable declarations APP
proving the laws and showing how they worked
10 prevent fraud and to assure an honest election
are held to be complete answer to the outcry
at this time of men who do not dare to take tesi-
mony on the subject.
But the most interesting part of the minority
report Is that which deals with the State election
laws in S-uthern States, whence comes the noisies
demand for the repeal of the Federal laws. Ii
is pointed out that If the Federal laws are re-
pealed the effect Will be to relegate the conduct
of National elections absolutely to the STATE
authorities. 1t is therefore pertinent to inquire
what these State laws are and how they are
likely to operate to prevent the frauds and wrongs
"a to which it is desired that the National
Government shall give itself no concern. In the
Northern States il is shown that there has always
been close and fairly bipartisan supervision Of
elections; that many laws have there been re
Gently passed applying the Australian ballot sys-
TEN TO all elections, securing the eiector In inc
perfectly secret exercise of his right of franchise,
and providing for election OIcers lIoW ooW
parties. Little or nothing of such system Is al
lowed in the States whose representatives at wash
ington are most active III demanding the pend
ing legislation. From them every element of the
newfoundland town meeting and the Northern and
Western primary system is wanting, and IL is most
important to note that their present laws are
departure from their ancient ones, ana were
adopted after the War OF the RebeiliGn ana when
by means os murders, ntimidation ku-iduX out
rage and White League inlquty, that cienieht oi
their pol.Ni.ton had seized power whose purpose
was voiced in the astonishing d.cIaiad,"n 81 ~ ~
must rue the South or leave 1t, anu 10y Cod,
we will not leave it.
SOUTHERN ELECTION LAWS.
The election laws of the Southern States are
charged with this spirit Whatever their form,
their effect is the same The election officers hold
their places, not by the choice of the people OF
their several communities, but by the appointment
of a central authority. They are not responsible
for the performance of their duties to the people
they live among but to the Governor, or the state
Legislature, TO some sort of supervising com
mission appointed by the Governor or the leSlsla-
ture. Rarely is there any provision when re-
quircs the appointment OF polling ohlcers rom
both the political parties and III practice thcy
are generally all Democrats, and everywhere
there Is a prescription as TO the qualification OF
voters through tests which those applying them
have railways in their power TO make or Withhold
as they please. In every Southern state, With
out exception, the scheme Of the law is worked
out with INSCRIPTIONS care and precision. 1T re-
moves the officers in charge Of the polls from all
local supervision, from all responsibility TO the
people 1t gives them, or the selection of them,
which amounts to the same thing. all to the
Democratic party, and i'll one form or another II
creates "a machinery by means of which these
officers are enabled to enfranchse and dlsfran-
chse electors 10 receivc and reject votes, and to
make up returns substantially they please.
Taking up the law of State after State, the minority
report exposes this purpose and the means by
which it is accomplished. 1t notes that the
provisions are, is the only bar that remains in
the way of this shameless engine of electoral
fraud. 1t declares that the Republican party will
never consent 70 have this one bar removed and
adverting 10 the occasion into which this question
has been thrust il concludes with these just