Year: 1879

The only theory upon which the pres


ence Of United States troops At the polls
can be defended is that they are needed
to protect right Of suffrage gwen or
guaranteed by the United States. The
legislation, the repeal Of which IS de-
manaed, rests on this theory. The theo-
ry is false; therefore the legislation
should be repealed. The right OF suff-
rage does not come from the United
States but from the States. Citizenship
OF the United States does not exist of it,
self but is an incident TO citizenship of
one Of tho States. The CoDsti ution says,
Section 2. Article /: "The House of Rep
resenatives shall be composed ..of mem
bers chosen every second year by the
people of the several States and the
electors IN each State shall have the
qualifications requisite for electors Of
the most numerous branch of the State
Legislature" Thus the right to vote for
the members of the State Legislature
carries with it the right to vote for mem-
bers of Congress. Such is the Constitu-
tion Of the United Stotes and such the
Interpretation placed upon II by the Su-
preme Court. The whole theory upon
which the Radical legislation rests au-
thoriztng the Executive to use United
States troops at the polls or Federal
armed force of any kind is hostile to the
letter and spirit of the Constitution and
the decisions of the Supreme Court. 1t
should, therefore, be repealed and the
party that resists the repeal is in antago-
nism to the Constitution, the Supreme
Court and the voice Of the people as ex-
pressed in Congress.


Legislation thus bad and vicious in
principle would very naturally be vicious
IN detail and dangerous in execution. 1t
gives to the Federal Executive control


~ tl,.ao oIan w.,<1 t..A HI l..
to perpetuate his own power. This is ln-
compatible with the preservation of rep
resentative government. For this pur-
pose, however, the law has been used.
Force has been employed chiefly in the
Northern and Western States at critical
and closely contested points. A notable
example was the performance of Daven-
port in New York City at the last cleo
ton. To add to she dangerous powers
conferred by this legislation the SPECIAL
Deputies and Supervisors may arrest
'oih ,odrrdnt any person whom they may
suspect of intention to violate the law.
This power may be employed and has
been employed to intimldate and over
awe the voters of the party opposed to
the party in power. johnny Davenport
In Now York arrested over six hundred
Democrats in New York City on election
day and kept them imprisoned until after
the election, thus depriving them of their
votes and violating their personal liberty
and their rights as citizens of New York
and of the United States. The trials-so
called-under Judge Bond in this city
were calculated to intimidate the Demo-
Gratis of this city and doubtless will have
that effect. From such fragrant abuse of
The ballot-box the step Is easy to abolish
ing even the forms of elections and the
SUBSTITUTION of decrees from Washington
for the laws of the land.


Legislation so false and vicious in
theory, in detail so offensive to liberty 80
dangerous IN its tendencies, should be re-
pealed a. once. The repeal should not
be delayed one unnecessary hour. Under
the law, as 1t stands, the Federal Court
are at this hour sending mon to prison.
The best way to secure the immediate re-
peal is the course that has been adopted.
1t is the method used by the Republicans
to limit the preogative Of Andrew john
son, and the method by which the ini-
quitous legislation itself was passed. The
Radicals, therefore, have no right to OBJ
ject to it. To call it revolution" i, sheer
nonsense. Let the Senate, therefore,
promptly indorse the action ofthe House.
Then let Hayes veto the appropriation
since the recent backing down of Gar
field, whether even the republicans
would support him. They do not want
to come before the country at the next
election as the Party of the Standing
Army; such party would be wiped out
of existence. The Democrats of the
Senate now have their plain work cut for
them. Their duty to their States, to the
Federal Union and to the people, require
them to pass the Army Appropriation
bill in its present form and send it to Mr..
Hayes. What he may see fit to do with
it is of secondary Importance.