Year: 1870




i &C. S Congress IT is true has not exercised this
the failure TO exercise power argument against Its
existence and Congress is the sole judge Of the proper
their hands for many years. and there arc which
have not yet been exercised II the power Of the
its penalties cannot ooexist with the power Of Congress
to enforce this law, then the exclusive power and


Under section 8 subdivision 10, the power to make all
laws necessary for carrying out the foregoing powers
evidently authorizes Congress to oil laws necessary
to give effect to regulations touching the time, places,
and manner of holding elections for members OF Con-
judge OF the elections returns and qualifications OF Its
own members , & And can II Dc taat when conge ut rs
effect the power bestowed upon any department. OF tho
aws p s ed ses aSG to make an aan
tion which is to stand prma dcie evidence that the


Our conclusion is that the Goth section Of the act on
which this indictment rests and which assumes that the
Of the United States frauduieny register is consti
tutional enactment Judge Woodruff then proceeded to
not the indictment In question is sufficient indct
ment under the act On this question, after ng many
pie sufciency Of the indictment


Upon beth of these points then, concluded Judge
Woodruff, Of the opinion that the Indictment
should be sustained and the demurrer should be over
ruled.


strict-Attorney Davs-I rise to move Judgment
on the prisoner at the bar upon the decision OF the Court
overrung the demurrer AS to the fact Of the oens"
having been committed there be possible gues
tion. If had the slightest doubt OF the ability OF the
& TO Of ony Which deprived
him of all right to vote would consent TO Judgment
cause there can DO none the fact of double regra
tOn and having the record OF his conviction in my pos
session. think it my duty to insist in accordance with
the notice gave yesterday to my learned friends that
the Judgment shall be pronounced, which the law


Mr. stoughon-We have only to cay that this demurrer
was nterposed as the Court knows for the purpose OF
raised and disposed Of in this with more convenience
to the Court than by any other mode. II Is in the dis
disposed TO saw one word on the Subject Of how the Court
shall exercise that discretion, except that In the history
tanned by inquiry OF the several DsrctAttorneys State
and National final judgment upon demurrer as asked


Mr Curtis-I have made inquiry Of the DistrictAtor
neys of the United States whose official terms cover the
Cured the practice OF this Court OF the overrung OF


demurrer and Judgment and md sentence nh
this subject and desire argument 1t Will afford me pleas


Judge woOdruf-The Court do not deem 1t necessary
10 hear argum9n nor TO enter upon an inquiry as to
ment is final an indictment for Insdemeanor, de-
murrer thereto being overrued whether that rule is
Judges have decided that the overruling demurrer
to an indictment for msdemeanor amounts 70 cones-
stood in Court pleading guilty Other learned Judges
have given the opinion that it IS within the discretion
Court but they careful that the general
rule s that Judgment is final when demurrer to indct
life this rule does not obtain where the punishment is
death, and in cases Of misdemeanor upon special
cause shown, the Court may withhold Judgment, and
permit an application, sustained by proper c0nsidera-
tons, showing that it would be harsh TO apply what is


endant should be permitted to withdraw tho demurrer
from the record and 10 put IN plea instead In the


imposition of condition to apprise the prisoner and his
counsel before this demurrer was interposed that the
SCns Rs Is no% hGc iR called to the
attention Of the Court which indicates at all that the
ably and fully exhibited his behalf and trust 80
patiently listened to by this tribunal In the absence Of
does upon to proceed in conformity with tho
general rule governing cases OF this description ~ AT,
desire to present before any sentence
which we have not yet had time TO prepare.


Judge Woodruf-fn mitigation Of scntencei


Mr.. Stoughton-SO understand.


Judge Woodruff-The Court directs the entry Of the
usual order of judgment for the Government on do,
Sentence until tomorrow morning to enable the defend
his counsel to exhibit any proofs which are prop
of the Court in determining the extent of the punish
ment which may be line or imprisonment % or eoIn t No.
Laughlin indicted for fraudulently registering.


Joseph Be-On behalf Of the defendant put in plea


Mr. Gnrti;-we have been so steadily occupied in the
vesgation and discussion OF the questions Of law III
volved in this case that have had no time or oppor-
tunty examine the facts or to confer with the defend
this Court that here are only issues Of fact to be
tried but also very importan questions Of law wholly
concerning which we ought to have suitable opportunity
Sf bV there be h IN pressing hese
of course hold ourselves under the obligation TO be ready
proper preparation, but ask your Honors whether the
questions we have already been considering were not
such must necessarily have occupied every moment OF


District Attorney Davs-I can well conceive that the
senior counsel this may have been engaged as my
learned friend states but there are other counsel wn
them who might well have investigated al OF the Iacn
actnae me in pressing these trial They are, as
think, sound and just and based upon high moral
snown to all men within the southern District Of New
York. that crimes Of this kind are to be met and pun
shed This class OF cases is peculiar Ihe onense s
matter of record which cannot bo gansaid or
disputed expect to bring hither the registry upon
only possible question that can be put against II one
purely Of identity. However, If the Court think proper
mon this application, rather than TO be thought to be
seeking to take advantage of the present moment am
wiling consent that the trial be set down for
of having this Court relieved Of the necessity Of sitting
Commission of like offtnses wish it TO be known in ad
vance before the Opportunity reeurs Tor sucn crimes
that the law Is swift and sure 70 punish tne WIN ss
trial and conviction, so that may prevent sy this sol
warning, thousands who might Otherwise iai INTO


Mr. stoughtonThe registration terminated yesterday
and this solemn warning comes ~ seems 10 me ai'of f
the duty OF court Of justice TO proceed IN an unsual
for the purpose OF alarming our nrnseeds
the theory that CRIME is to be permitted II II does hot
Judge Woodruff-There seems TO be sufficient rea
son for postponing the case beyond tomorrow morning
At that time it will proceed. - , -,


Mr. Stoughton-We consider this course unusual and
unprecedented. ,,..- .....o-


Judge Woodruff-The Court have heard the expression


unusual again and again. but the Court are not aware
that 1t is unusual 10 arrest and tTy crlmlnais Wlt as
much dispatch IL consistent with the ends OF pustce
II is no unusual thing for prisoners to lie arrested cd
and put ON punishment wlthin iew uays
God forbid that this Court should be party IN any way
to the expedtng of trial that can involve INJURY 10 the
Innocent bat the suggestion that anything Is unusual
i'm connection with this course, is think, " say the
least not behtting. . ,,.---, ,, nj.


tha afadt hat All.