Year: 1878

It's ConstIt utfonaIity To ne Tested-Proh-


alb @ Action of the Supreme Court


I'm gEe Matter.
Especial Correspondence Of the Democrat |


WASHINGTON, d. c., November "a, 1878. |
Another Of the peculiar Russian statutes OF
Radicalisra has just been started on it's travels
towards the Supreme Court, 1t Is
THE INFAMOUS UNITED STATES SUPERVISOR |


LAW
which has inst been pnt to test in Cincinnati
by the following procedure;
Police Lieutenant John Brady was ordered
by the police board OF that city to arrest su-
perVisor for attempting to assert his author
ity at the opening of the ballot boxes TO
count the votes. The technical charge OF the
local authorities against the supervisor was
that Of breach OF the peace and attempting to
interfere with election judges in discharge
of their duty. The arrest was made and the
supervisor held to bail. Thereupon the su-
pervsOr swOre out a bench warrant from the
United States District Court against Brady,
on a charge Of interfering with and obstruct-
ing United States officer in discharge oil
his duty. Day before yesterday Bradys
trial closed with O. verdict Of guilty. The
case WAS Immediately taken up to the Cir
cult Court on certiormi, and, If the verdict Is
sustained by that tribunal, will be appealed
again to the Supreme Court on writ Of error
for test of the constitutionality Of the law
tSself


Under these circumstances brief review OF


THE HISTORY OF THE LAW


will not be un0teresting: In the summer or
fall Of 1871, just about the elimination Of the
Tweed excitement in New York, Mr., John L.
Davenport, q United States commissioner OF
That city, better known as Little Johnny
Davenport" conceived the idea that it would
be good thing for the Radical party II some
convenient substitute could be found to exnft
over elections III the Northern States
the same sort Of Federal coercion aud
restraint that had been so successfully
| practjced by tho army in the South.
lie broached the subject to Grant, who,
| as might have been expected, took to 1t with
enthusiasm. All Grant ever needed to arouse
| his sluggish soul to enthusiasm WIS to be
| shown any new device by which the methods
Of military despotism could be invested with
| the color Of law. Louis Napoleon in the last
and worst days OF the JplebieCites Was never
half so thoroughly imbued with the notion
that popular suffrage was nuisance 10 be
abated by any and every available means, as
| Grant was when about to be put on his trial
| for q second term.


| Accordingly the scheme Of the dminutiye
and disreputable Davenport not only met his
| cordial sanction but also received strong
comnendation from him in his message to
the first session of the Forty-second Con-
gress; o body which will derive its sole claim
| to the notice Of history from the fact that it
PASSED the Ku-Klux act for the South, this
supervisor law for the North, and the salary
grab for tself-triplets Of infamy, the like OF
| which never was and never will be brought
| forth by any other American Congress- Wen,
| this miserable Congress Of serfs TO Grant, and
of cattle purchasable by any lobbyist who
| had bank account passed this Infamous law,
at the command Of 81 disreputablc President,
almost exactly as it had been conceived and
drafted by the dirty little Davenport. All Of
which might properly be included, IN On eIe- eIe
mentnry history Of American politics for the
| use Of schools.


Upon the passage Of this law, Of course
! DAVENPORT


was appointed chief supervisor for New
| YVtk, The result was apparent in the whole
sale terrorism by which New York, naturally
| Democratic by 10000, was made to give Grant
q rnnjority Of over 10000 in the election Of
1872. Since tbat time the law has been put in
| operation with greater or less Inalignlty in oil
the chief cities Of the North, and, since the
| withdrawal Of the troops from the South, has
been made to do duty there as substitute
| When


THE PRESENT TEST CASE


reaches the Supreme Court, the whole ques-
tfou Of the electoral rights of the States will
be exha,lstively reviewed. The law itself was
based upon the Radical Interpretation Of thai
clause in the constitution comforting upon the
general government power to prescribe the
method of choosing Federal officers. The
plain letter Of that clause cOnfers upon the
general government merely the right to ap
| norton q basis Of representation and Tx thf
number Of Congressman for each State. Bu
the Radicals, acting up to their theory OF the
''higher law" claimed that 1t also empowered
the general government to supervise the exer
else OF the elective franchise itself 50 far as
the choice of members OF Congress is con
cerned, and upon this Interpretation the Law
must stand or fall.


| have reason to believe that


/ THE ACTION OF THE SUPREME COURT


will be substantially the same as in the Gran
parish cases. when, as you remember, the en-
fDrcement acts under the fifteenth amend
ment were pronounced unconstitutional Blu
whatever may be the action Of the Supreme
Court, the discussion and agitation which th
present test is bound to produce cannot fai
to bring prominently to public attention tht
| tendencies Of Radicalism towards nateria
changes in the form Of our government ant
the spirit Of its administration.


All such discussion and agitation must bs
hailed with satisfaction by, all true adherentl
Of popular institutions in their simplicity ant
purity, and will afford an opportunity TO thf
Democratic party which, let US hope, will no 2
be wasted. We can see now that wrangles
over forms of currency and systems Of fl
nance are not worth the undivided attention
of patriotic citizens, when, under cover o
them, our very form Of government and p0
litical system are being craftly undermined
and pulled down by men who are bent OF
nothing less than the substitution Of oligarchJ
for democracy, and upon the overthrow O
| popular seIf-gOvernment to set up in its steat
an aristocratlcal regime, with themselves as
the ruling class. This supervisor law is, o
course, but one link in the chain Of the grea
Radical conspiracy, but it is very import
ant link, and while we are hannering at il
its fellows. A. g. =.
| -~Hs o s.


|