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OREGON CITY, OHEGOR, ATL-IMA1l J UJTi Y 16, 1870,
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Ths Weekly j&jtsrpris
.1 DEMOCRATIC 1' APE II,
o
Foit t;ie
B
iii :e r-i.iz.r CIRCLE.
A:
kmtoi: and rur,Lisiu:K.
OFFICE Coiner of Fifth and Main streets
iMvg'ju City, Oregon.
n o
TERMS of SUJJSCRIPTIOX
ingle Copy ocecar, in ;
lavance,
c3 00
TER MS of A D 1 E II TIS IX G
Tr.msient aavr ;cra .uN, including all
legal notices.
12 1 :,es 1 w.$ 2 50
For each suWq-ac'tit insertion. -
One Cdutnri, one year
ll.ilf " "
Vi.-, iter " "
Uudtuiss Card, I square ene year.
1 (()
.$120 00
. m
. 40
. 12
tS" J&mitl tnce In be mode at the risk o
.S'!wcn, and at the (rptn.se of Agents.
nocfc a xi) job rniXTixa.
rth' The Kuterprise office is supplied with
heTi'irifui. approve 1 styles of type, anxl mod
ern M.YOIIJX1' I'll S:-d , who ii wiil enable
the I'roruiet.ir t do J.b IN biting at ail times
Xi-at, n-ilcJ; and Cheap,'
J'l IS-Wi !;. lrii--f't'if tfit ft Specie 6twV.
. . , , ... .
UUSJSS CARDS.
J. n. uttcuiu.,
p, -j s r "3 r? 3
J X. i,OLf U.
a DOLPM,
ill J i W L m "
AU'i'-eys and Counsellors at Law,
K&licit-irs in Chancery, and Proc
tor in Admiralty
7 "7?" i) ;km OiM Fellows' Temple, corner cf
i-'irst . -a-ivi Ai.estm-ts, I'ort'iaml, Oregon.
1
AW PARTXEIISII ll
,).S. K. ICKT.T.V,
lto-iiii' ii' , ' 'I'l'ii.i'.ia
hot. 2.1 aii.l :'.! sts.
j. u. nr.r.D,
lloi.Vnee conn.'V of
Coluiiibia auil 7tli st.s.
Jas. K. Kelly and J. II. IlecJ, under the
!": rin nam" ot .
O KKI.LY .V liKRD,
W"il! practice law in the Cuits of Oregon
O.'i on First si reef, near Alder, over :
new J'.st oSL-e room, Poi t. and. 4- . t f
AXSIXG STOUT.
Attorney and Counselor at La7,
TOUT LAN! "', OUKCON.
OSlc Under the United States District
jurt (m. Front s-trect. 4ntf
pACVH & THAYKIi,
QrrORXEYS AT LAW.
OFFICV. In Croe'CHnihlinsr, corner nf
Front and Stark -troets, IVrilai.d. 3'2:11
-o "
J. F.
C.r.'.K-. " J. C. MOUELAND.
OCAIMJIS .t. MOHKLAXD, .
cATr0ENl;S AT LAV,
Fit OX T and iVASlUXir 'fOX Sis.,
Cor.
POKTLAND, OKEC.ON.
i:(d-:xK a. ckoxjx,
" 'a ttouxkv a t LA TP,
Ii rJ.as 7 iUv.t H e!:r!ev' Ui-wk,
4. FOtlTLAM), OliKC.OX ,
IL
W. ROSS, M. I).,
Physician a.nd Surgeon,
q vT"Onice on Mam Stieet, opposite Xasoi
lc'lia'l, Orepoa C'.tv. l:;t
on-
f
JAjrilUiAXS,
Pfiysician andSurgoon,
-f" office at. Lis Di u;z Store, near Pot
05n:e, Oregon City, Oreg n. PUi
. W ij - ,
DEMIST.
Perm inentlj Lilted ,ti Oregon City, Oregon
O
ROOMS With Dr. Sa'Torrans. on Main st.
-yyir. watkixs, m. d.,
SURG CON", Poiiti. vni), OitEGt n.
OFFICE QM Fellows' Temple, corner
Fjrst and MJer streets IleaiJeuce corner of
M lin and Seventh streets.
Attorneyand Counselor
at
Law,
q QPltoCrOlt A.V1 SOL.ICIT)Ii.
AV0CAT.
Practices in State anil U. S. Courts.
OJice AuQdS Front Slrtd.Fortltiid, Oregon.
Opposite McCorndck's Iook Store.
n
O ''Barn urn Saloon."
DI FEXSKUS OF
Cjioica Winos, Liquors Cigars,
Main st., Oi.-:i City.
O ZT Call, and Ho' tTt 1Y tier will fliow yon
through the establishment. i:tt
w.
HIGIIFI2LD,
.
EstiWished since isji,at the old stand,
Miin &', Oregon C'i";, Orejcn.
An Assortment of Watcher. Jew
elry, aud Seth Thomas wtijrht
Clocks, all vi which are warranted
to be a represented.
PQiurthaiiklui for pasUavors.
"Live and Lst Live."
FIELDS Ss STUICKLER,
O DEALERS IN
PROViSIOHS, GROCERIES
O COCXTRY rRODUCE, Ac.,
CHOICE ttl.VEs AND LTQUOHS.
o
At the rd 1 sUnd of Wortman Fi. Ids !
ioVf
Oi-ejoa Cit , Ore-.
i
triv!f
SPEECH OF IIOX. J. S. SMITH
Ci' OKECO.V)
in Tin: iiov.sk or kki'iikskntatiyes,
Aid j 27, 1870.
The House having under consider
ution the bill (II. II. Xo. 1298)
to enforce tlierilit of citizens of
the United States to vote in the
several States of this Union, ami
for other purposes.
Mr. Smith, of Oregon. Mr.
Speaker, I do not oppose thin bill
because I am unwiliimr that all cit-
izens of the United States shall be
protected in the right to vote, nor
because I. unwiliimr that per-
sons who may seek to deprive them j
ot that riglil by violence or fraud
shall be punished by the infliction
of reasonable penalties by a j (rop
er tribunal; but because it confers
on the Federal courts jurisdiction
over a large class of cases which
properly belong to the State courts;
because it provides for a vast in
crease of Federal officers and im-
j'oses cruel and unusual punish
ments on the people, and subjects
them to harassing and expensive
Htigaton, ami to oppression and
extortion in various way?. I con
scientiously ar.d persistently op
posed the adoption of the fifteenth
amendment to the Constitution,
believing that the question of suf
frage had been wisely left to the
Spates by the framers of that in
strument, and that there it ought
to be Kit ; and further believing
that the negro population of the
South, just escaping from the dep
redation and ignorance incident to
a stale ot slavery, were
not quali-
tied to use the ballot with sulety
to the nation or advantage to
themselves or to the communities
of which they form a part.
I fully believed that to give
them the right to vote by congres
sional enactment, constitutional
amendment, or in any other way
than by the voluntary action of
the people of the States in which
i no
live would antagonize the
two races and lead to widespread
and long continued disorder and
contention. Events have justified
that belief. The folly of forcing
negro suffrage on an unwilling
people is demonstrated by the con
dition of the South at this time and
bv vour voluminous legislation on
the" subject. Law after law, has
been enacted, amendment after
amendment has been made to both
law and Constitution; carpet-bag-ixers
ar.d scalawags, soldiers and
Freedmen's Bureau officers have
been called into and continued in
your service for five years, and yet
by your own showing there is
more bitterness and antagonism
between the races than ever
be
fore; and more hostility to your
plan of reconstruction to-day than
when it was first proposed. The
necessity for any such legislation
as the bill now under consideration
if such necessity exists, is a humil
iating proof of the folly and wick
edness of your attempt.
Xo civilized people not driven to
desperation ami madness by long
continued injustice and insult ever
required to be restrained by such
a bill of abomination as this, and
no wise statesman would ever ex
pect any good from such legis
lation, no matter what might be
the occasion for it. Sir, if the
people of the South or any part of
the country need such a law as
this, law will not save them; they
are past, being legislated for; they
are lit subjects for the knout of the
autocrat of the bow-string of the
bashaw. But, sir, there is no ne
cessity for this bill. It assumes
that there is no longer any respect
for law in the country, and under
takes to set up a government of
force as contradistinguished from a
government of law. Bestore to
the people of every part of our
country the right to make their
own l:ivs :md to elect their own
ofilcers, and they will respect the
one"aml obey the other. Remove j
every restraint imposed upon them j
by partisan malignity and corrup
tion, ami they will require no mer
cenary informers or paid prosecu
tors or greedy Federal officials
CJ m
to secure the rights of the hum
blest citizen or to bring to justice
the strongest offenders. Unjust
and unpopular laws cannot be en
forced in a free country, no matter
how heavy the penalties attached
to their violation, or how numer
ous the officers intrusted with their
execution ; while just laws made
by the people for their own gov
ernment and protection enforce
themselves, with rare exceptions,
bv the mere force of public senti
ment. Let Congress cease to meddle
1 witli the domestic affairs of the
FIFTEENTH AMENLIuENT.
States, give up tinkering at the
Constitution, and conhne its action
to its lent:;nate a'nd constitutional
functions and duties, and we shall
soon hear the last of internal com
motion and discord". Pence that
will not depend upon the presence
of bayonets for its continuance
will once more prevail all over the
land, and our laws, like a well-fitting
garment, will protect us from
injury without galling us by their
restraint.
Sir, I repeat if I believed there
was anv necessitv for the passage
I of this bill I should despair of my
! . T . 1 i' . . I
" ' emou-eu,
d "1,t to,!,u lf
Jhe I't to enfoix-e it will result
in strne ami contusion, n not
bloodshed ; and I venture the pre
diction that many who vote for it
to-day will be glad of an oppor
tunity to vote for its repeal. Its
objeetional features are so numer
ous tluit I cannot refer to them,
nor to any of them, at much
length.
The point lias been made with
unanswerable force in the other end
of the Capitol that in so far as it
undertakes to punish private citi
zens not acting undercolor of Fed
eral or State authority, it goes al
together beyond the power given
to Congress by the iifteenth
amendment. That amendment is
in the followinge language;
' Suction 1. The ri;ht of citizens of the
Unia-d Stales to vote shall not be denied
orabiidged by ihe United Slates, or by
any State, on account of race, color, or
previous conuiuon of servitude.
Si:c. 2. Tlie Congress phull have power
to enforce tLi-5 anLlc by appropriate leg
islation, This is a prohibition on Con
gress and the States against de
priving citizens of the United
States of the right to vote on ac
count of race, color, ot previous
condition of servitude. The pow
er to punish private citizens for
infractions of the election laws or
interference: with the rights of oth
ers is not touched by it at all.
That remains where it was before,
with the States, and no human in
ucnuity can torture these few plain,
simple words so as to make them
confer upon Congress any power
except to enforce the amendment
against the States and persons act
ing under State or Federal author
ity. That proposition is to plain
for argument, and I will not dwell
upon it.
But tjiis bill if passed and en
forced, will effect an entire and
most pernicious revolution in the
practice of the Covernment, one
fraught with danger to every citi
zen and subersive of 'liberty.
Ever since the foundation .of our
Government the States have had
exclusive jurisdiction over the
question of suffrage, to deteimine
who should have the right to vote,
how that right should be exercised
and protected, and how and by
whom anv interference should
be punished. All this is rcyersed
by this bill. The iifteenth amend
ment made some change. It add
ed the negro to the voting popula
tion, but, as we have seen, left the
people of the States to determine
how the right to vote should be
exercised and how its infractions
should bo punished. Congress
now undertakes to determine what
shall be considered an infraction of
that right and how it shall be pun
ished, and in the cumbersome and
multifarious provisions of this bill
creates new crimes hitherto un
known to the laws of the country,
affixes cruel and cumulative penal
ties to their commission, makes it
the interest of corrupt, bad men to
entrap their neighbors into, and
accuse them of the perpetration of
those crimes, ar.d secures them a
rew aid at the expense of their vic
tims for procuring their conviction.
To give them every facility for
success it is provided that only the
Federal courts shall" have jurisdic
tion of all such cases. What a
revolution is here? And yet gen-
tleman on the other side say this
is all right.
The gentleman from Xew York,
Mr. Davids with well-feigned as
tonishment, asks what difference it
makes. Why should good citizens
fear the Federal courts? His pre
cise language is as follows:
' Is it not wise for congress in enforcing
the provisions of the constitution to u-o
is own instrumentalities and to resort to
its own cou-ts? Is there danger that the
Feleial contrs will scrutinize your con
duct too closelv ? Do you fear the Feder-
'r '" w, v
it ii,.". iwn.r..,tin nnrtv seek all the while
the shield and cover of the State courts
against conduct in reference to which the
highest Democrat daro not lace his own
fellow-citizens on a jury in a Federal
court? Y.'ht'n you answer me that ques
tion you will have answered the question
whe'.her it be bettor to leave the execu
tion of these provisions to the instrumen-
lauues or tae federal overninent or
leave thein to the States.
I might retort, why does he and
his friends fear to trust State
courts and officers? Is the as
sumption of this bill true, that
Federal judges and Federal officials
generally are more virtuous or trust
worthy "than those of the States?
That doctrine is equally new dan
gerous, and false. Only a bad cause
requires such support. But can
the gentleman be serious in his in
quiry? Ilea member of the Amer
ican Congress, for many years an
eminent Xew York judge, a man
of mature mind and ripe experi
ence, and ask why the people
should prefer to be tried for alleged
offenses before their local courts?
I am astonished at the inquiry. It
is pregnant with a meaning that is
alarming, It suggests the same
idea that this bill suggests, that
much of the recent legislation of
Congress suggests, that, in the
opinion of the dominant party,
State courts, State laws, State
constitutions, State institutions are
of no value, are only obstructions,
to be done away with as speedily
as possible.
"Why prefer State courts to Fed
eral? Why not extend the inquiry?
Why not ask why we prefer to
have laws made by our State
Legislatures rather than by Con
gress, administered by our Govern
ors rather than by the Presi
dent, construed by our own
courts lather than by Con
gress or Federal courts? "Why
not do away with the State courts
and State organizations altogether;
Every argument against the pref
erence of the people for their State
courts applies with equal force to
all State institutions and tends to
justify their subversion.
The question indicates both con
tempt for the whole machinery of
State government and profound
ignorance of the love which every
patriotic, intelligent American feels
for his State government. It has
hitherto been both Ins security
and his pride. It is till his hope,
and when it is overthrown till of
liberty is lost. What difference,
indeed, between State ami Federal
authority. Take my own State
for example. Does it make no
difference to my constitueuce
whether they live? under laws
made by their own representatives,
all of whom are elected by them
selves, responsible to them and
whose mistakes they can easily
remedy by new elections, or wheth
er they live under laws enacted
here more than three thousand
miles away by a body in which
they have one .Representative, and
whose enactments, no matter ho w
much opposed to their wishes or
interests, so far as their power
over them is concerned, are like
the laws of the "3-1 odes and Persi
ans." without change.
Does it not matter to them
whether their laws are adminis
tered .by a Governor of their own
choice, living in their midst, respon
sible to them, and likely tocon
sult their wishes, or by a President
elected by the whole mass of the
people of this vast country, living
in Washington, knowing nothing,
and perhaps caring not lung about
their wants and wishes ? It is
nothing to them w hether they are
to be judged by their fellow-citizens,
chosen by themselves, and
having interests and sympathies
in common with their constituents,
with the right of appeal reserved,
to other judges of their choice, or
whether their lives, liberty, and
property are to depend upon the
caprice, or honest judgement, if
you please, of a judge appointed
for life from Washington, from
whose decision there is no appeal,
and who is as independent of them
as he is of England's queen? Does
it not matter to them whether,
when accused of crime, they shall
be tried by their neighbors, select
ed according to their own laws, by
otfieers of their choice, within con
venient distance of their homes,
surrounded by friends and neigh
bors, or whether they shall be
dragged away hundreds of miles
from home and friends by a Fed
eral official responsible only to the
President, to be tried by a turv of
strzngers, selected by another Fed
eral judge appointed not to try,
but to convict ; where the good
character of the accused can avail
nothing in his defense, and the bad
character of the interested witness
who seeks to convict mav not
invalidate his testimony?
Docs it
make no difference to him when
the trial is over- ami his innocence
established, if he be so fortunate
as to escape the toils and snares
thrown around him by the hired
prosecutors, whether he be di
rdeir'T'd in sirdit of the smokn of
.i. . 3.: i.:. i
ine ciuiiiucv ji ins ninuuic noiiic
5 Or whether he be left far away
amoti" strangers, with perhaps not j
r. , , . . i I
a cent m his pocket and tne brand j
of Cain noon him. as one accused
of crime and barely escaped con
viction. Is it of no consequence
to his wife and children whether
in his hour of trial they can minis
ter to his Wants, cheer him with
their presence, and sooth and eotm
fort him with their love and svm
pathy, or whether they be left to
pine in doubt and fear in Ids deso
late home while lie shivers alone
in the gloom of some far-off Fed
eral prison ?
When in the Declaration of
Independence Jefferson included
in that terrible list of crimes com
mitted by England's king against
the people of the Colonies the
charge that he had ''transported
us beyond seas to be tried for
pretended offences," the reply
might have been made, as in this
case, "Why object to going from
home to be tried ? Why. if inno
cent, fear to face an English jury
in an English court? Have not
English courts maintained a char
acter for purity and justice unsur
passed by any in the world ?"
Ah, sir, the country and the world
understood the difference then, and
the -people understand it now. The
patriots of 1770 were1 not to be
cheated out. of their liberties bv
any such shallow pretense as that
it made no difference where thev
were tried or that only the guilty
had cause to fear.
Tell me not. sir, it makes no difference
wlu!ibe our laws are made by Congress
or bv our State Legislatures. he! her they
be administered by our own officers or
thoso of the ("oneral ( 'overnment. It
makes just the dill'erence between security
and danger between liberty and despot
ism, between the (iovernment as our lath
ers m-ide it and as bitter, malignant itad-icali.-m
has marred and. seeks to mar it. 1
concede, sir. that federal laws and Fed
eral oiiiccrs are i.ecessary andpioper;
but the theory of our Government and the
practice under it from its lormatiou until
she accession to power of the of the Ke
pi, tilican party left to the States all of the
leidation ami administration that did not
necessarily devolve upon Congress, so
that Federal pen d laws were few and
their viui. u it.ns rare. The existence of
the I'eiscral Government was only mani
fested by the benefits it conferred and not
by the burdens it imposed or the puni di
luents it indicted. Federal oHicials were
rarely seen, and their .services seldom re
quired among the people. Now they
swarm everywhere : anil this bill provides
for enormous addliion to iheir number.
Xo man's fireside e.-eapes their visits, no
man's bu.-iness avoids their scrutiny, and
if this bill passes, no man's liberty wiil be
safe lrom their iuterfei ence.
Let us examine some ol the provisions
ot the bill .11 detail. The fourth section
reads as loKows :
fc'KC. 1. A i, 1 be- ii further caaclvJ. That if
any person, by force, bribeiy, threats, in
timidation, or other unlawful means, shall
hinder, delay, prevent, or obstruct, or
shall combine and coulederate with others
to hindet, delay, or obstruct, any citizen
from doing any act required to be" done to
qualify hint to vole or from voting at any
election as aforesaid, such person shall tor
every such offense forfeit and pay the sum
of .-.''Gun to the person aggrieved thereby.
to be recovered by an acuou on the case.
with tun costs dtid such allowance for
counsel fees as the court shall deem iust.
and shall also for every such offense be
inilty of a misdemeanor, and shall, on
conviction thereof, be lined not. less than
SoUO. or be imprisoned not less than one
month ami not more than one year, or
both, at the discretion of the court.
What snares are here set for the feet of
theunwaiwV What encouragement is giv
en to the vicious? Who can tell what will
constitute the various offenses here enu
merated? Take any one of them, bribery
for example. Will the giving of liberal
wages for doing a pressing piece of work
about election limes, by which a man may
be 'hindered from doing any act required
to be done to qualify him to vote.'" con
stitute the offense? .Mav-a man encour
age on to " bribe :? him ihat way, pocket
your money, and then go and sue you for
S-VJ0, and collect it. with lull cost and
allowance for counsel fees." and have you
lined SoUO and imprisoned a year beside?
What degree of warmth in argument
shall constitute threats'' or -'intimida
tion V What are the other unlawful
means'' of hindering, delaying, or ob
structing one in doing the act required?
Will you be liable if you engage him in
conversation, ask him to dinner, or per
suade him to go hunting, fishing, or pros
pecting with you? Who can fail to see
that there never was an election held in
which there was any interest taken, ami
never can be one held, without the
commission of the crime.; enumerated in
this and the following section by many
persons? That section is as follows :
Skc. 5. And be it further enacted. That if
any person shall prevent, hinder, control,
or intimidate, or shall attempt toprevant,
hinder, control or intimidate any person
from exercising or in exercising the right
of suffrage, to whom the right of suffrage
is secured and guaranteed by the fifteenth
amendment to the Constitution of the
United States, by means of bribery,
threats, or threats of depriving such per
son of employment cr occupation, or of
ejecting such person from rented house,
lands, or other property, or by threats of
refusing to renew leases or contracts fori
labor, or by threats of violence to himself
or family, such person so offending shall
be deemed guilty of a misdemeanor, and
shall, on conviction thereof, be fined not
less than Soua, or be impriscoed not less
than one month and not more than one
year, or both, at the diacretioa of the
court. '
Why. sir.- wS:h this bill a part of the law
of the land, with the hordes of hun-rv
interested officials provided for in the oth-
j or sections prowim
ibout the country
i cvkinT for v
. iwi.i iuo muucenient
,,-T. t. . I, ,. 1 -
1 and opportunities offered to the mercenary
911(1 me imumuu. u - v1 "7
men to discuss political questions uh .
Uu;.r RdaU)urs ,r to t(;U)Uet the ordin-;
ary business t
life with each other
Mtt
election lime. It will have a tendency to
breed universal ui-ttust and uneasiness,
to encourage litigation, to promo' the
gratification of fpiie arid gr ed of gain
by unfounded accusations and prosecu
tions. Hut it may he claimed that the innocent,
law-abiding citizens will have nothing to
fear; that only he guilty need tremble ;
that wliile the law i? general and compre
hensive in its terms, no convictions will
ever be had unless an intent to violate its
spirit, and destroy the light it seeks to pro- j
tect is clearly proven. Let us see. Sec
tion eight is in the following word :
Sko. 8. Ar.d le U fuiih.-r amckd. Thai
the district courts of the United States,
within their respective disti iets.shall have
exclusively ot the courts (.f the
vera
Mates, cog si:
ance
ol
crime
ii:
o!
tenses committed against the provisions ol
tiiis act. him also ccicurreiU.lv
circuit courts of the United Sa
causes, civil and criminaly, nri:
,. . , c ', '
es. oi an I
... i
1 i
tins act. except as herein oilier wise pro
vided, and the jurisdiction hereby con
ferred shall be exercised in continuity
with the laws ami practice governing Un
ited States courls : and all crimes and of
fenses committed against (he provisions
of
iilis
act may be prosecuted by the in-
dtetmont of
grand jury. or. m cases of
crinu
not miamous. me
secii;ion mav be either bv iml
i 1 u
nt or
information tiled by the district attorney
in a court having jui isdictiou.
It will be seen '.h it every prosecution
for a penalty or misdemeanor under the
act is to be tried by the United. Suites
courts. In the State J have .he honor to
represent a State larger than Pennsyl
vania and New York combined there is
no such court hold except at Fori laud, or
the extreme northern boundary of the
State. Every citizen of the State i ital ic
at any time to be ("ragged from his home
to the place where tins court is held on
the complaint of any person that he has
committed any otse of the new. uncertain,
obscure! v-delliied otl'en.-es mentioned in
this bill."
Suppose that I.e is not convicted, grant
that, he is entirely7 innocent, and that his
innocence is clearly established at "the
trial, if lie is a poor man he is mined.
He may be arrested to be taken hundreds
of miles from home, when he is planting
his crop or engaged in his harvest, or
while his family lie sick, at anytime without-warning
and without guilty, and for
what ? For some unguarded and innocent
word or act uttered or performed at or
before some election for school directors
or road super visor, by which some negro.
Ci.hiuimin. Indian, or white man was hin
dered from voting. What rediess does an
acquittal seeure to him, w hat -satisfaction
to have his di.-chaige and return to his
home to find his field unplowed. his crop?
destroyed, or his wife or children in want
or in the grave? Why- sc! in motion ma
chinery that may. under the control of
bad men. crush and ruin many an uriof
fending citizen : has there been any such
general disregard of existing laws as to
call for or justify ibis sweeping change,
or is it likely that this act v. ill be better
observed than those under which all pre
ceding elections have been held? Why
not leave all such comparatively petty- of
fenses, if committed, to be tried where a
man lives under State laws and by State
oflieors. a heretofore? Why inaugurate
this complicated system so uncalled, a r.
so liable to abuse, so daitgerjus to the
citizen ?
Can it be claimed that there is no liabil
ity to abuse, that no arrests will be made
without probable cause? Th
SoOd reward to any one w ho
bill offers
! .ill ...!.-..
i 1 1 l ui.;iv
it appear that his right '
nas m any way
been interfered with. Can it be doub-ed
that that sum will be sa.iccient temptation
to many person? to institute prosecutions
without probable cause, aim to suborn
witnesses to, sustain then? There is no
penalty for failure and great reward for
success. No other (Iovernment ever gave
such encouragement to prosecute for such:
indefinite and (rival olfe ises, covering so :
wide a field, and likely to result in such
multitudinous law suits, and ail to be tried
in courts inconveniently located and ex
pensively conducted, Ihit is there no j
"temptation to any one but the person
claiming to be injured to prosecute with
out probable cause ? See what a multi
tude of officers are provided for in the j
ninth and tenth sections, all directly in
terested in encouraging and commencing
prosecutions. Section nine is as follows :
S;ce. th Andbt it further enacted, that the
district attorneys, marshals, and deputy
marshals of the United States, the com
missioners appointed by the circuit and
territorial courts of the United States. with
powers of arresting, imprisoning, or bail
ing offenders against the laws of the Uni
ted States, and every- other officer who
may be specially empowered by the Presi
dent of the United States, shall be, and
th"y are hereby, specially authorized and
required, at the expense of the United
States, to institute proceedings against all
and every person who shall violate the
provisions of (his act, and cause him or
them to be arrested and imprisoned, or
bailed, as the case may be. for trial be
fore such court of the United States or
territorial curt as has cognizance of the
offenses. And with a view to afford rea
sonable protection to all person- in their
constitutional right to vote without dis
tinction of race, color, or previous condi
tion of servitude, and to the prompt dis
charge of t he duties of this act. it shall be
lilt- uuij oi io tiuun COUHS OJ liiOL tll-
. -I t . . a . . :
ieu r.ui.e&, uju toe supet.oi' courts of the
Territories of the United States, from iirne I
to lime to increase the number of com
s- t
to auord a snoedv
ctse and discharge alt tne powers and du- j
ties eouierreu on inem bv this act. and the :
same duties with regard to offenses ere- j
a ted by this act as they are authorized by j
siuot .n.so ,o -no,., a speeuy ami con-i .ul.y jUuslrates the principle on
teoieui me.ui to, uiu arrest and exami-! , ,,..t. instituted in these
nation oi persons charged with a violation i 'M,i are likelv to be conducted under
o! this act; and such Commissioners are ! 'i.'Ai ' a brewer in a neighboring S
hereby authorized and rennired fo ntcf. i ... ... '! nnsilde in nnen his
law to exercise with regard to other ; ol- two before he could get access to nis
oC'ence3 against the laws of the United ; stamps. lie sent for the revenue officer
States. j and told him the facts ar.d asked him if it
Section ten provides that the comtnisv j wo.ild be necessary to suspend bis bnsi
sioners may appoint in writing any one ne-s until he cni.,.1 get at tne stamps. TF e
or more suitable persons'' to assist in the officer adv ised hitu to proceed vntti his
execution o! the law. nod every one of business as usual ; to keep an account of
these persons mav call on -such portion hi si es and wuen the safe was opened fo
of the land ami naval forces of the tinted cancel the proper number of s amps. lie
;,.,(, ,1P ,,f (he ml lUA US may f i.-a-
' sary for the performance oi the outy with
; , V T ''
lanr.Mil eos-rvauco m tne Liteenth arnend-
ment the Cmtianiou of th United
i a ' es..
Then
is no limit to the number of offi
cers providi d tor by these two sections,
and the 1'iesiileni of the United ?tatf'
may specially empower any other officer,
civil or military, ami they are all speci
ally autHorized and required, at the ex
pense of the United States, to institute
proceedings.- to r.nest, imp: 'son. or bail
every person who violates ti provisions
of ihis act.'"
What an army is here! With what
powers these oilieials are aimed !
When Jefferson, in the same immortal
document i have just quoted, charged the
Hi itish king with having erected a muli)-
) nu'e ot new oH:ces- $;nu s?e:u Kuner swf.rm
i ol '( tiicers to harass our people and eat out
i their substance.'' he l ad Seen no abuses
that kind to ci mj'ai e 'either I n loeir
i elHM Ui; t v
j for in thi
' State m.r
or number with tin so provided
bill. L'very preeinSl in every
have its Federal spy and jros-
ocntor. and every roll mav be surrounded
, . - ,.
bv a M:u;d ot s-olon rs at ;
election.
, .. .,,.
is i i:oi e an1, m-cu; n ioi u:e i.u.' .i. a
y
guarantee for the puii'y of elections un
der such a system ' Can a cntry lie
called free where such a law exists, and
whet esuch powers are entrusted n swarm
of irresponsible officers. I say irresponsi
ble, for the Fre.-ident appoints the hCtltre,
O
th
judge
pom's commissioner., the
commissioners loeir suno;'o.ma;es, ana (tie
stiboi dina tes command the. Hoops, make
(he arrests, and c
the elections. Are
not the dangers of me svsfctn mlmiteiy
! ' ,
greater than any likely to ai'Ife from the
remissness of State officers in enforcing
the fifteenth amendment.
Hut (he point 1 Wits considering is whether
there is danger of numerous arrests being
made bv these of-icers widiout probable
o
O
can.se. To decide that question it is only
necessary to ii:
ie Low they are to be
p ii:!.
Section twelve
upon that point,
read it :
S::c. 12. And le
t h e c o m i n ss i o : i . r
marshals, iheir de
the said district.
gives
us
information
is
I
ire. LePgie
it farther eneged, That
. district attorneys, the
Mtiies. and the eleiks of
circuit, and territorial
o
tour
paid lor theiCbervices the
like fees a
mav be allowed to (hem tor
similar services in other cases. The per- V
son or persons authorized to execute (he
process to be issued by such commission
ers for the arrest of offenders against the
provision.1- of this act shall be entitled to
the usual fees allowed to the marshal for
an arrest for each person he or they may
arrest and take before any such comnus-
sioner as a!
said. with teich other feed
as mav be deemed reasonable by such
commissioner for such other additional
services as may bo itec.essat ily performed
by him or them, such as attending at the
examination, keeping the pf&ofi'r in cus
tody, and providing him with food Sttd
lodging during his detention and until the
fmal determination of such commissioner,
and in general for performing svjch other
duties as may be required in the premises;
such fees to be made up in conformity
with the ft es usually charged by the offi
cers td the courts of justice within the
p roier distii.;t or count v as near Sfc may
be practicable, and paid out of the Treas
ury of the United States on the certificate
of the judge of the distiict within which
the arrest is made, and to be recoverable
iron: the defendant as part of the judg- O
menf in case of convictlcr.
they are to be pr-.id by fees. TiiO
amount of their pay depends upon the
amount of their work. Io matter whether
their victims are innocent or guilty,
whether convicted or acquitted, in either
case the officer is sure of his pay In case q
ot conviction he collects his fees as a part
of the judgment against the defendant. O
I;'; c piittal f Hows the trial heis pjud by
the United States, Is there no danger t O
the ,'n .oeent citizen th such an arrange
ment as this; ?
Arrest and trial at the plbCo where the
Federal court is he'd may be ruin to him
if found innocent; certainly so if convicted;
but- in either case he brings a grist to the
official mill. No arrests no pay. Many
arrests many lees. Was ever such a sys
tem of danger and wickedness devised to
harass and ruin the people of free chan
try and to maintain in idleness antPen
courage in mischief the hungry hangers-on
of a political party? Is this not setting
the wolves to guard the Hock ? When wo O
remember the kind of material from which
Federal appointments have begn generally
made for the last ten years, have we not
reason to fear for the lambs?
What a fat place under this la your
United States district attorney will have.
He is not required to submit accusations
against his leliow citizens to a grand jury.
Tnat process is too slow and uncertain, O
and gives the accused toonany chanced
of escape. Grand juries ue not interested
in iuci easing the business of the courts
and multiplying fees for their officers
They are apt to have some interests and
feelinirs in common with their tellow- O
citizens, and cannot always be success
fully packed. They are therefore dispensed
with in this bill in the great majority of
cases, and the district attorney has only to
file his information in court ti bring any
citizen or any number of citizens irom
any part of Lis district, no matter if as in
Oregon it comprises a whole State. intoO
the Federal court, and subject him or o
llu-m to tedious ami expensive trials, and
if possible, with the nid of other interested
prosecutors, deprive them of their prop
erty and liberty, fine and imprison them.
If this result is not reached, at any rate
the judicial mill is kept going, and the
t,,!i;,,,,,t,i,m.:f,,!,,nilcMrn
UiC WKliOllll UllM euivi
A ,.., i,ml r,dafe,1 in m bv
1 -A ii lULUii 1,L " v -
n disti!irti:?.hed member of this House
tinn.. ti-.fl .User.-V.n becan which be.mte-
whien
conrts;
this
tater safe
jn u-hieh his stamps were locked Mip.
Tt.-e we-'e none others to be nau m tne
f r:i:ice. ai
,.j
id as lie had fo send to New Vorlc
for an expert to open the safe it was a day-
om so. i.vun.o i...:.r. mu n i:an
Jurauhed an opportunity for tome hungry
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OF BANCROFT LIBRAKl"
V"
UNIVERSITY OF CALIFORNIA.
o - o i
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- JJ