Year: 1879

most degree oppressive, us they shut out intel
ligence from the jury box and punished thhse
who could not take the iron clad oath because
they had given cup of cold water even to
anyone who had opposed tho government. II
the law was justifable in war was it so now, at
time when all should unite in the pacitication
of the country and restore harmony every
where? We should go back to the old path of
Justice. Under sections $50 and sal all the
parties in suit and all the counsel are sat-
isfed; in steps the United States district at
torney and calls the courts attention to the
presence in the jury box of mon who gave aid
or comfort to the rebellion by clothing poor
soldier whose bare feet were bleeding in frost
and snow. These men are excluded from the
box if the judge SO desires. 1t Is not an i'm
possible case. 1t has taken place since we
have been in this chamber.


SUCH LAWS WOULD DISGRACE DAHOMEY.


Was demand to return to the old and we'll
trodden paths of justice and legal procedure a
matter to fire the Northern mind and set all the
demagogues north of Mason and Dixon's line
declaiming against the Democratic party' 1t
is not easy, continued Thurman, to provide q
remedy for existing defects. Experience has
proved that when you undertake to remedy a
jury SySGe1n "neTe tQeCe are apt TO DC pO1lG1Ca1
questions, it is essential that you provide
against juries consisting of ten Of one political
party alone. We cannot avoid taking notice of
political parties. We take such notice in
our State laws by providing that
judges of elections shall be chosen
from different parties, and in our federal laws,
by similar provision in regard to supervisors.
We are compelled, as practical men, to recog-
nize the fact that in this, as in all free coun-
tries, there are different political parties, and
therefore the proposition in the pending bill
that the names of jurors shall be placed in q
box by the clerk OF the court and by jury
commissioner of different political faith
from that of the clerk and that the names
shall be so put in alternately, is not open to
criticism because it recognizes political parties.
Even if constitutional they should he repealed,
but


He DENIED THEIR CONsTITUTIoNALITY.


Certain Senators had nothing but sneer for
any one who cited the constitution, and the
Senator from Minnesota, Window had said
the Democrats objected to The constitutionality
of something, as usual, intimating that it was
part of their stock in trade to cry unconsti-
tstional 1t would be a sad day for this coun-
try when objection to a measure on consti:u-
tional grounds could be put down with a sneer.
These election laws proved, among other
things, that any person who by the law Of any
State is required to perform some act in order
to entite him to vote, SHALL if he offers to per-
form that act and his offer be rejected on ac-
count of his race, color or previous condition
of servitude, have right to vote notwithstand
him to perform the act. Section
2,004 was merely q repetition Of the
fifteenth amendment to the constitution
and therefore not Objectionable. but section
zoos provides for offering to citizens the facil
itics prerequisite to voting required by State
laws, and section zoos imposes penalties upon
officers refusing to provide such facilities SEQ
requisite to voting equivalent to its perform
ance, and section 2, ,0O8 imposes fines on judges
Of election who refuse to receive votes cast
under the preceding section. These sections
are in execution of the fifteenth amendment,
but they are comprehensive they include all
citizens, free-born we'll as those who have
been slaves, and they apply to all local we'll
rs general elections. Where is the consti-
tutional warrant for the enact
ment of these laws? Two provisions have
been cited as warranting it in very remarka-
BILE document,


VETO NUMBER ONE,


which we lately had the honor to receive from
his excellency, the President, and he is about
equally unfortunate in his reference to the law
in veto number two First he cites article one
of the constitution. The fifteenth amendment
does not support the statutes, but the statutes
go farther and undertake to regulate the right
OF every citizen to vote, no matter what his
color or what his previous condition. The su-
preme court has decided that these provisions
are unconstitutional, that the fifteenth amend
ment confers no right upon any man to vote,
but guarantees those otherwise qualified against
discrimination of any sort against voters.
There is abundant provision in these sections
to prevent men from voting, but not for their
protection, and ample provision for
BLAcKaUARD DEPUTY MARsHAIs


drawn from the lowest porlieus of New York
and Philadelphia; there is power for them t.
arrest without warrant most peaceful anc
| respectable citizen who offers to vote, and
bring him before the United States ccmmis
sioner. They can tear the statute of justice
| from his seat where he is executing State laws
1t is not a law to secure but to prevent the
| right to vote. Article one, section four of the
| constitution gives Congress the power to regu
late the times, places and manner of holding
elections for representatives. The laws sought
to be repealed have nothing to do with the
times and places. therefore the only presen
application of that article lies in the WORD
manner" The student of this subject viii
observe that the principal object of this con
stitutional provisi n is to enable the fedora
government to preserve its existence.


Senator Thurman maintained that the laws
now sought to be repealed were


NOT CONSTITUTIONAL. EXERCISE OF POWER


to regulate elections, for it is a fundamenta
principle that Congress cannot, under articl
l, section a. interfere in any manner with tn
election of State officers and any regulation
for Congressional elections enacted by Con
gress, must be 80 framed as not to interfere il
such election. No legal proposition was eve
dearer to him than that. He proceeded to sho,
that under the existing law persons prevente
from voting for Congressman, or for Pres
DENTAL electors, were at the same time pre-
vented from voting for local and State officers
Article l, section 4, would never have bee
adopted if our fathers had foreseen the uses t
which it would be put. But even if these law
We're constitutional they ought to be repealed
for instead of being in the interest Of pur
and honest elections, the mind of man neve
devised a worse instrument of


FRAUD, CORRUPTION AND OPPRESSION


than these laws. When they were passed ther
were only eight Democrats here and they wei
powerless to prevent their adoption.


Senator Conkling asked if 1t were possib]
eight men would have made SO muc
noise as was made that occasion.


Senator Thurman said those eight men wer
inspired. Uaughter) They stood up for th
constitution and for honest elections an
naturally made noise and something beside
noise. 1t was argument and argument ha
had its effect. 1t has filled these seats and il
creased the number of Democrats from seven a
when he first came here, till they spread out an


REACHED OVER INTO THEs PROMISED LAND.


He did not believe at that time those law
were passed to protect freedmen, and histor
has proven his incredulity to be well founded
They originated in the State Of New York in th
Union League club, in a partisan, politica
club. He read from the report of the commit
tee on expenditures in the department of ius
tice of the Forty-fourth Congress. The testi
mony of Samuel j. Glesson before that CON
mittee showed HIM to have been the chief cou1
sci employed by that club to get up testimony
and therefore he will be acknowledged by th
other side of the Senate, at least by respectabl
men. He was assisted by man not so respect
able and who has become quite q historic,
one, John T. Davenport. Senator Thurma
read from the testimony at length, shown
what measures the Union League club took I
prevent the passage of these laws, and the co,
nection of Davenport Herewith. When tt
laws were first proposed they contained man


provisions not ultimately passed. As first pr


posed they almost


DIsFRANcHIsED EVERY NATURALIzED CITIZEN


in the United States, made it almost impossib


to be naturalized. and gave no naturalized ci,


l. s.IA