The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-04-17

-aS ,hs minister and noble vindcason Of The iree-
dom Of elections
...,,,4 Tia, i, i highly criminal for any minis
.,.,. ar any other servant Of the Crown 10
Yer diree,ly or indirectly, 10 make use % inc
o ~ II. Office in order 10 Influences 'he e'ecuon "
P..,her. Of Parliament; aud that an snemP. = eat
else tina, influence i an s'asn pa P@yi,amsnf an ~
ASast aaa az yigh and libsrfiss 81 he People,
ln nasn asma % SAP ne basis Of our Jfse ana Aappy
Constitutions. II, o.,,ed through many Of
the nubi. journals OF the country an1 h;as
the puva. s.n contradicted Is 10 be eredied high
as ,'y. oser Of this Government activeiy inter
.rsd In an important election 'nen Pcnu'ns, ~ ~
dressing letters to his iriepos, eaan ' ai,'n,
their ieaiy - N The other House. Mr. Legare)
honorau'e shnr bat brilliant career in Congress,
VINO, " h,sht light on The parliamentary annals
81 his country and 70 wnoll ll.1,e .Mes VII 'oos
o. ms ,hs model Of an accomplished legislator and
oaca a. W and trained statesman. Let the doc
OF au 80 renor now under consideration, amount
.rnes XIV do 70 bold justification OF these prac
;.ss ~ now sanctioned, and this Executive Porer,
aI,sady SO formidable reinforced BY the organized
Isc,inneering activity OF the whole corps OF Office
s,dsrs and OF numerous auxiliary troops Of expect
ans will be installed in virtual Supremacy the
laws and Constitution OF The country.
The author Of this report, Mr.. President, has
,,lrisefeusv, as he must pardon me for saying, in
Soked The authority OF the Virginia resolutions and
renou Of 1903 and 80, and has, here and thefe,
strangely perverted their text TO give semblance OF
supoort 10 his most dangerous doctrines Now, |
take apsa myself TO say, there never we're two docu
mens more thoroughly opposed, 10 their whole spirit
and substance than this report OF The Judiciary Com
miee Of the Senate aud the resolutions and report
OF the Virginia Legislature IN '9s and 80. The
object and entire drill of the Virginia report and
solutions were assert the sigats Of he people
againa the Gorernmeat. The whole scope OF the
report of the Judiciary Commiuee Is 10 maintain the
alleged rights Of the officers Of ne Government as
against The people. The Virginia report and reso-
lutoDs asserted the right Of te people freely dis
cuss and examine the merits OF public men and
measures, as the means Of suhjectng the Government
10 ifs Just responsibility to the people This report
contends far the right OF the officers Of TIE Govern
m<at 10 interfere with elections a means by which
the people will ne inevitably subjected TO the undue
influence OF the Government.
So far from there being the slightest affinity be-
tween The doctrines OF this report and those Of the
Virginia report and resolutions of 90 and 90 the
identity, on the other hand, in principle and aim at
least between II and the sedilion law is most srik-
ing and instructive. The object Of the sedition law
as Mr. Madison tells us in the ever memorable re-
port OF 49, was 10 "enreneh the Government in penal
Statutes, and TO control the free exercise Of the
electoral rights Of the people" The pervading
principle and dri Of this repor, is to "entrench the
Gorernmeat in official Influence, and, by that means
to control the free exercise Of the electoral rights Of
tion law 10 '9S and 90, and the opposition we are
now making To the fatal doctrines 81 this report in
like manner proceed, step bv STEP on the same LOFTY
and impregnabe ground. In the report of 80, Mr..
Madison, its author, emphaticaly declared that SHE
right OF electing the members or the Government
constitutes more particularly the essence OF free and
responsible Government J" and il was to shield that
great remedial right Of the people, from the errors
OF penal Legislation that Virginia then nierposed her
solemn remonsirance. Il is from the same sacred
appreciation of this "inestmabe right" and In order
oshleld i from still greater danger, the riolatio
OF oticiat interference, that we are now struggling
against The alarming doctrines OF this report. We
shall hear no more, then, trust, Mr.. President Of
me sacrilsgious Invocation Of the Virginia princi-
pies Of 9s and 49, to give sanction 10 the bold and
antirepublican heresies Of the Senator from New
Jersey and of the Judiciary Committee, of which he
Is the organ.
| will now proceed Mr.. President to say word
or TWO, and but word two, the constitutional
power Of Congress to adopt some measure with
view to restrain the improper interference Of federal
ohcers with elections. am aware Of the difficulty
OF satisfactory legislation on such subject and that
II would be more appropriate matter for Executive
supervision. Il the President would re-isSne Mr..
Jetersons circular prohibiting the interference OF
federal officers 10 elections, under pain OF dsmis-
sion from ONCE, or would carry out and enforce the
principle Of that circular, l, for one, would be
tent But il he will not do so, IT, on the contrary,
such practices are tolerated. not to say encouraged
is it not competent for Congress TO give that priaei-
pie the sanction and authority of law3 My views
would not extend beyond that. Cannot Congress-
whose power in the creation of public offices is
doubled, also declare on what conditions those Of
fees shall be heldl Can they not say BY law, that
II public officers whose places are created by them
sht, contrary 10 the spirit OF the Constitution and
their duties under H." 10 use the language OF MIR.
Jetersons crcular) interfere with the free exercise
oil The electoral rights Of The people, they shall no
longer hold their officers, but that such conduct shall
be deemed forfeiture OF iheml II seems 10 me- sir
,hatthere would be no stretch Of power in this.
But the Senator from New Jersey in his report
tells Us that Congress have no rigat TO informed
die BY law in prescribing the qualifications Of cleo
torsj" that The Constitution Of The United States de-
cares that members OF the House Of Representatives
shall be chosen BY the people Of the States, who
shall have the qualifications requisite for the cleo
tors of The most numerous brunch Of the State lie.
elrlaIure" and also that electors Of President and
Vice President "shall be appointed 10 such manner
as lhe State Legislatures may direct;" and that the
right therefore. OF prescribing the qualifications Of
estors belongs exclusively TO the States and is
withheld from the Federal Government" But what
has all this to do with the question: Has any one
proposed TO prescribe the qualifications Of electors
ot,,n oIher words, TO deprive ofice-holders of the
7,smoi rofmg? On the contrary, 1t Is conceded on
all hands, according to the terms of Mr.. Jefferson's
circular, that public officers are not to be deprived
OF sr,gh Of rottag but the object is merely to
Nta'n ,nem from interfering with, or attempting to
roiing bv others =.
nu' me report again tells us that this cannot be
uS'e without abridging the freedom of speech, and
rh we press" What does this argument amount tol
,h YOU c"h restrain act however dangerous to
m ne peace morals, or liberties of The country, OF
,ba moIas spoken or written m y happen to be
liz ,e'ee OF instrument, because, in restraining
,h he @ee you may incidentally put some restraint on
d Luz meu,uh or instrument through which the act Is
S STne tnr example we have jus, passed law pro-
,r o ~ 'ne giving Of challenge within this Dis
uict 70 night duel. Now a challenge can be given
, onIy through The medium of words spoken or writ.
, un dna may be given through words spoken as
h Sen as through words written. II follows, then, we
h hane no CONSTITUTIONAL power to pass the law we
nave nave done for prohibiting challenges within this
alSct to fight a duel, because in doing so, we
sorldse The freedom Of speech In like manner,
u,loery and corruption are perpetrated through the
neulum OF words, spoken or written. No law then
can b. passed prohibiting bribery and corrup,ion.