330 JOURNAL OF PROCEEDINGS [Feb. 11,.

that no unnecessary outlay of public money shall take place,
and no bills should be paid, except under proper approval.
Nor is it clear, that the defendants are properly protected, if
they are made subject to the payment of a fine in cases where
they have not been clearly culpable, and yet may be found
by a jury ''guilty" under their construction of the Act of
Congress.

There is no provision whatever in this bill for the payment
of a fine, which the officers of the State may be unable to
pay, and for which they may be compelled to go to jail,
although the United States Marshal, and other United States
officers, may receive their fees under the terms of this Act.

The provision in regard to the employment of counsel is
equally liable to objection. It gives to the Governor
power to pay the Attorney General and "other counsel," a
sum not exceeding two thousand dollars.

The Attorney General would, of course, be entitled to the
same compensation as "other counsel," but what "other
counsel" would it be possible to secure for the trial of thirty
cases in the United States Court for one thousand dollars?

Should it be deemed advisable by your Honorable Body to
have counsel other than the Attorney General, may I be
permitted to suggest, that he shall be selected by the Gov-
ernor, upon the express condition that he is to wait until the
next session for payment, and that then it shall be fixed by
the Legislature after his work has been done.

But the bill is open to still graver objections. It provides
for the defence of "other citizens of this State, for acts done
in the performance of duties imposed, or in the exercise of
rights secured under the Constitution and Laws of this State,
in alleged violation of the Act of Congress," &c. I fear that
this clause of the bill comes under that class of legislation,
which the framers of the Constitution denominated as
"hasty," and which it was intended by them, should be ar-
rested by the Executive veto. What is exactly intended by
this provision, I am not able clearly to discover !

The "citizens," not acting as officers of the State, who are
made indictable under the 4th, 5th and 6th sections of the
Act of Congress, are those who charged with "bribery,"
"conspiracy," "intimidation," "threats" and "other un-
lawful means" to deprive electors of their right of suffrage,
and under the terms of the present bill, any person indicted
for the commission of any of these offences, is entitled to the
services of the Attorney General and "other counsel," and
to the payment of the expenses of his witnesses, when the
whole proceedings may have been caused by his palpable
misconduct, or, at least, by his own intemperance and
folly.