Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-02-19


session of office simply should deprive citizen Of the
influence arising from character intelligence integrity
and the confidence which they inspire, aud OF the right 10
use them others left free to theirs. The com
ml.tee find scales in the Constitution in which 10
weigh the relative PATRIOTISM integrity, ana inGepenu-
of the functonares Of Federal and State Govern
and the officers Of corporations or the employees
OF individuals They cannot believe that the employers
of the Federal Government are more corrupt or cor
rupting than those of other bodies corporate OF poll
tic, Of individuals They satisfied that the BEST
corrective Of any abuse of the freedom or purify OIL
elections by The officers designated IN the manner rem
dered penal by this BILL even it any such exists WI" oe
found in enlightened public opinion Which, soonet %
later depends upon the legitimate moral force OF "u'h
and the influence OF and fair argument espeo
tive of official authority. So far they pP'eVe le
experience Of the working OF our "as
the truth of the OF the great apostle ..
that error of opinion may always be safely tolerated.
where reason is left free to combat II ihey can hno
no justification of the policy or justice OF RESTRAINING oy
law the unlimited liberty of the exercise OF the ne ol
of speech or of the press every class OF citizens we
Their Of office, than such as IN other countries
has prompted the establishment of political or religious
jnquisitons analogous to the tendencies OF this BILL
which alike at with experience, the spirit o. The
age and the genius of our institutions. But any ms
chief has arisen may arise from this source The eg'
tnae remedy must be sought and found in the egsia'
ton Of the several States, whose constitutional duy IS
10 prescribe the privileges and immuncs OF lhef ciu'
gems free from the control of Federal legislation.
But whatever may be the opinion entertained as 10
the policy Of this law, The committee are Of opinion mat
the remedy proposed is unconstitutional. lie SECOND
section of The first article Of the Constitution declares
that the members OF the House of Representatives, shall
be chosen by the people of the States, who shall have
the qualifications requisite for the electors OF the most
numerous branch of The State Legislature And article
second section FIRST declares that electors Of President
and Vice President sall be appointed in such manner
the State Legislatures may direct and the second
section Of the fourth article of the Constitution declares
that the czens OF each State "sha be entitled TO
nriyipUps of The several
States Congress- therefore, have no right to lnermed-
de- BY law in prescribing the qualifications OF electors
the mode OF conducting elections OF members OF Inc
House of Representatives, or electors OF PRESIDENT ana
Vice President respect The privileges or inmu'
mites of citizen Of State. That right belongs exciu,
sively to the States, and is by the Constitution "l'hNeIu
from the Federal Government II dGuit 10 perceive
upon what constitutional grant Of power the right TO pre-
scribe the qualifications Of electors and The mode oil con-
Quoting State elections for State Officers, be sustain
ed and the committee cannot find any warrant IN The
Constitution for lis assumption by Congress
But, If any doubt upon this subject could exist 1t Is
dspelled by the first article of the amendments to hs
Constitution which declares that "Congress shal! make
no law respecting establishment of religion the free
exercise thereof abjging the freedom OF speech
Of the press OF the right u the people peacea5y 10
assemble petition the Government for the redress OF
grievances. The committee believe that the powers OF
the Federal Government result from the Constitution,
and limited by the plain nse and intention OF that
insume n and that the State sovereignes on d.
minshed by powers specifically enumerated, or neces'
sary carry the specified powers into effect; and that
the States, by the Constitution, retained 10 themselves
the right Of protecting the freedom Of religious prncI-
pies and OF Judging how far the RIGHTEOUSNESS OF speech
and of the press may be abridged without essening their
useful freedom, and how far the abuses which cannot
be separated from ;her should be tolerated, rather
than the be destroyed The freedom OF Ielg!an Of
speech and of the press and Of the right OF the people
peaceaby 10 assemble and petition for tie redress "l
grievances withdrawn, in express terms, from The
powers of the Federal Government. iii deemed
hui TnpI
propositions They have already been done by the RCsO
lunns Of the Virginia Legislature in 1873 and 1893
1900 and the Resolutions Of the Legislature Of Ken
lucky in l79S-l7y9. The provisions this bill ere, in
the opinion of the committee, more clearly unconsttu
tona Than those Of the Alien and Sedlion Laws; their
tendency is clearly and uuequivocaliy |" abridge
the freedom of Speech Of the liberty Of the press and Of
the right Of peaceably assembling. 1t true it is
fGad to particular class, certain designated officers
der the Federal Governments but II will hardly be sef
ously commended that this makes any essential difference
If you may lawfully abrtge The freedom intended TO be
secured by the Constitution TO all by laws embracing
only portion. you may ,hus proceed unit! a.! are finally
deprived OF their rights
Under every aspect that the committee have been able
10 view the provisions Of this bill IL appears TO them,
that they unjust, unequal impracca5Ie impolrc,
tyrannca and unconstitutional that II is founded on
assumption OF power by the Federal Government,
not gronttd by the Constitution, and desruct!re OF the
rights Of the several independent States composing the
Union, and Of The constitutional rights Of The citizens
lHuSe IT'S VI iilOst
alarming and dangerous endencyno called for by any
existing mischief and would not afford the appropriate
remedy, if such mischief existed They, therefore,
pec,fuIIy report the said bill without amendment and
recommend that the same should not be passed.
BILL TO prevent the interference Of certain Federal
officers in elections
To the end that the great powers given to The officers OF
the Federal Government, and other persons employed
in its service, may no, be used for the influencing Of
elections, which ought To be free and lacorrup,
Be 1t enacted By the Senate and House Of Representa-
tires Of the United States Of .imsrcu IN Congress
bied That from and after the first day of April in the
year thousand eight hundred and thirty nine,
marshal deputy marshal, no postmaster or deputy
postmaster, receiver or register OF land ohce or
any Of their deputies clerks surveyogeneral Of
the public lands any of his deputies assistants
collector, surveyor. nava! officer, wegher gauger, aP
praser other officer person whatsoever concerned
or employed in the charging, collecting, !evylng or ina
nagng the customs or any branch or part thereof, no
engineer officer, agent employed concerned IN the
execution superintendent Of any o! the public works,
SHALL by word message, or writing or ~ any other man
whatsoever, endeavor 10 persuade any clec,or 10
give, dissuade any eecor from giving. his vote tor
the choice Of any person be eecor of President and
Vice President Of these United States for the choice
Of any person 10 be Senator or Representative in the
Congress Of the said United States, for the choice OF
any person 10 be Governor 1t Governor of any State,
OF any person TO be representative or ember IN the
Legislative Department of any State OF this UnIon,
for the choice OF any person to serve In any pub.
lie Office established by the law OF any OF SAID Sates;
nor shall any such officer or person inlermeddIe in
any of the elections above mentioned, or Use any
means with intent to influence or control the same,
Otherwise than by giving his own vote; and eve.
ny person offending therein shall forfeit the sum of
five hundred dollars moiey thereof TO the iniormer
and the other moiety thereof the U. S aforesaid
be recovered with costs of suit by person that shall
sue for the same by action of debt, bill, plant in any
of the District Circuit Courts of the s and every
person convicted, any such suit, OF the said offence,
bali hlodn leoIo hpnr
ing executing any office place OF trust whatsoever
under the said u. S.
IN SENATE.
Wsdncsday February Is, 1889.
On motion by Mr. Alien, the joint resolution ntroduc
ed by him yesterday authorizing certain certificates Of