Year: 1872

| CldIIGng6, Sdil DaQl6L w 6D5toEY any o1o
of any country to show a spectacle Of
greatness like this" To show a country that
has prospered like this. 1t was not an idle
boast. Daring all this time there was one
great question that beset the people: on


what basis shall this structure rest: Upon
the governments national and State the
right to vote is to be determined by the
people in their primary capaGlty-the House


OF Representatives. to be chosen by the peo-
pie of the several States (COnst, sec. = but
who are the electors those qualified to
vote for the most numerous branch of the
Legislature, that being determined that the


(StOry on Constitution voters are for the


BODY which should be fresh from the people.


Therefore, this right Of sufrage-this quail


ifcation Of an electOr-Were all left to each


State to determine.


Now, our State has reserved to herself


the right to regulate suffrage within her


borders, and | think the district attorney IS


not correct in his statement that these


rights were ever taken away. There Is not


one word in the thirteenth amendment that


does not beat responsive TO my own heart,


sir. | owned slaves, and 1 thanked COD


that / lost them. Iapprove OF the thirteenth
amendment. | stand here and say that my
voice, as his is raised in favor OF freedom


to all men. | deny that there Is anything IN


the thirteenth amendment taking away the
right to regulate suffrage. Now, in the
fourteenth amendment there is put pen
atty upon the State that shall discriminate
in regulating suffrage in favor OF white.
Still, the power of the State to regulate sui


frage is not taken away. Eoris there aught
in the fifteenth amendment They Intended
Congress should pass some law enforcing
the last amendment, and the law OF the thlr-
tieth Of 'May, 1870, was passed two months
after the adoption Of the amendment itself.
Now, | ask your h0nOrs attention to this
point: Your honor is well aware there are
many points to be urged IN contested
election, such as intimidation, menaces
and frauds; but for none Of these causes
can party bring a suit under this Law
there is but one state of circumstances Civ
ing under the law above right to bring
suit in this court, and if there are any other
reasons of his defeat he must go to the
State courts. And, saving these amend
| ments and the laws, there is not one line IN
the written laws impairing the rights OF
any State to regulate the suffrage of her
citizens Sir, heard with horror the state
| mpnts of the opposing counsel, that the
citizenship Of State was mere local dis
tinctioE. Sir, it is State distinction, and
| citizenship of the United States is our ma
| tional distinction. Even in the law the ju
risdCtion is not given exclusively TO You as
| a Judge of the United States, but is eX-
| prsssly given ''coneurcently with the State
y
| the law only given to the one defeated, not
| to the one who appears defeated, and here
; lies the jurisdiction which can not be ex-
| tended by presumption. Sir, it is a matter
! Of this Jurisdiction to examine into the
| question of who is the proper returning
| board, Wharton ard others or Hawkins and
| others, and were this question brought be-
| fore you collaterally, you would say Away
| with this; your duty is 30 bring b direct ac-
| ti0n" | ask where is the authority to in
| vestigate this question oOilaterally: and
further if the action was brought direct,
YOU would not examine into it. The only
| two parties that could bring Che action
| were Kellogg on the one hand and McEnPry
on the other. Can they change the nature


of the case by bringing an injunctioR5
what do you want z! we say.


| I'VE want evidence to carry on our direct
case"


! couldn't use it


See. if you support Gh;D ease, that each
officer in the State will come before you for
his own preferment. Sir. if it is said that


John McEnery gained in Slh election by
fraud. am sorry for those wn0 say ie. He
is elected Governor by the vote of the peop
pie, to uphold liberty. Duc what sort Of
liberty is it if parties who could not bring


a direct action are entitled 20 bring by in
junction the entire State, executive, Judicial
and legislative, withiD the seoge S6 oh.o JU'
dicial arm,


Mr.. Hunt closed IN ? rhe:sricaG burst IN
the entreatF to the Judge 20 say with the
old Roman CONSUL


"Procul, o procul AstEl:e peofSoo'
Away, away with men learned ID vjliainy.


Mr. E. G. Billings-HIay is please the


court, [ propose to say something first


upon the question Of eligibility. The State


constitutional provision was IN the c0nsti-


tuition OF 1879, and at that time different


class Of people were here. The constitution


of Texas has a similar but more extended


provision. Now, what is the meaning Of


the word eligible upon which the whole
question turns? You will find it signifies
''caDable OF being elected" or capable of
holding an Office Now, what was the in


tent Of the trainers Of the constitution that


there should not be a person placed IN office


where the duties of one Office held at the


same time should conflict And, there


fore, the vision with which my friend


Semmes was troubled CT the interference


Of the government did not pass before the


mind s eve of those who provided in this


article. It's aim was to provide against any


divided allegiance, for it was made at


time when the distinction between States


rights upon the one hand and the rights


under the United States were sharply drawn.





this article originated. 1t was in the cleo


ton of Governor Claiborne, who was a


United States Officer-TerritOrial Governor


of Louisiana.


Now it was provided. SAID the counsel
resuming, in article fourteen Of the c0nsti
tuition of the United States, that no person
shall be eligible to the seat Of Senator IN
Congress who shall not at the time have
been nine years a citizen of the United
States. pass by the California case cited,
and will adduce other authorities, that the
whole weight of these are to the support OF
the theory that the candidate shall be capa-
BILE of holding the Office when he is in
stalled


The whole power ofthe amendments cited
is directly brought into play, that the right
of suffrage shall not be denied to this class
of our citizens newly enfranchised.
Now | hold that it is within the power of
this court, under the law, to interfere in the
scope of it's jurisdiction at any time. The
jurisdiction is as full and complete over all
parties in the State who attempt to deny
the right of suffrage on a distinction of race
or color as it is on the e>subjeet Of patents.
When the trainers of this law first pro
nounced that the right of suffrage should
not be interfered with, they follow it up
to the very last in the law. They have said
universally that as matter OF law, that
wherever any person having been denied
registry shall after offer to vote and be
refused, it is taken imperately in the
statute that the vote so offered shall be
deemed as good as cast. The right Of any
individual to hold office they have said
shall not be impaired by any denial OF per
sons Of the right to vote. Then we see
these great principles declared by Congress
extend to al elections. And the Jur1sdle-