Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1839-05-25
z O r. Z z e q q e.
From the Raleigh Register.
FREEDOM OF ELECTIONS.

w. ,.ks tho following extracts from the able
and eloouent speech of Mr.. Rives, on the Bill IN
,,oduced into the Senate by Mr.. Crittenden, to
,,.vent tho improper interference by office-hold-
.,. in Elections, and in opposition to the report
made by Mr. Wall from the Judiciary Committee.
After exposing with a mastery hand the alarm
mo and anti-republican doctrines contained IN
that report, and denouncing all attempts by those
in power to control the freedom of the elective
franchise Mr.. r. concluded with the following
strong and patriotic remarks:
81 will now proceed Mr. President, to say a
word or two, and but word or two, on the con-
stitutional power Of Congress to adopt some nea-
sure with a view to restrain the improper inter
ference Of Federal officers with elections. am
aware Of the difficulty of satisfactory Legislation
on such a subject, and that 1t would be more
appropriate matter for executive supervision. Ii
the President would reissue Mr.. Jeffersnn's CIR
cuar prohibiting the ference of Federal oiii-
GERS in elections, under the pain OF dismission
from Office, would carry out and enforce the
principle of tina, Circular, for one, would be con
tent. But he will not do so, If, on the contrary,
such practices are tolerated, not to say encoura-
ped is IL not competent for Congress to give that
nrinciDIc the saDctlon and authority of Law! My
views would not extend beyond that cannon
Congress, whose power in the creation OF the pub
lie Offices is undoubted. also declare on what con-
ditions those Offices shall be held? Can they not
saw by law, that If public officers, whose places
are created by tnem shall, 'conrary to tho spirit
Of the Constitution and their duties under IT, ito
use tho language Of Mr.. Jeffsrson's Circular0
interfere with the free exercise Of the electoral
rights OF the People, they shall no longer hold
their offices, but that such conduct shall be deem
cd forfeiture of them! 1t seems to me- sir,
that there would be stretch Of power in this.
But the Senator from Now Jersey, in his report
tolls that Congress have no right to inter
~, .rf,n
of eLcctors;'' that the Constitution of the United
States declares that members Of the House OF
Representatives "shail 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 Legslature.' and also that
electors of President and Vice-President "shall
be appointed in such manner the State Legis
Iaures Direct; and that the right, therefore,
Of prescribing the qualifications Of electors 'be-
longs exclusively TO the States. and is withheld
from the Federal government" But what has .
all this to do with tho question? Has any one :
proposed 10 prescribe the qualifications OF ELEc- ,
Tors, or, other words, deprive Office holders
OF the right of voting? On the contrary, II Is {
conceded on all hands, according to the terms OF :
Mr. Jefferson's Circular, that Public officers are :
not be deprived of the right of voting; but the
object Is merely to restrain them from interfering
with, or attempting to control or mfiuence, The
free exercise Of the right of voting by others I,
But the report again tells that this cannot -
G
and of tho press.'-What doe, this argument
amount to? That you restrain no act. how -
ever dangerous to tho peace, morals, or HoeFhes :,
of the country of which words, spoken or writ !;
ten, may happen TO be the sehicle or instrument,
because, in restraining the act, you may lnciden- "
tally put some restraint On the medium or Insfru-
ment through which the act is done. For exam %
pie, have Just pissed Il law prohibiting the '.
giving of a challenge within this District to fight
! duel. Now challenge can be given only
through the medium of words spoken or written,
md may be given through words spoken as well
Is through words written 1t follows. then, we 'e
lave constitutional power to pass the law we :"
lave done for prohibiting challenges within this g
District fight duel, because, IN doing so, we o.
bridge the freedom of speech! In like manner nc
rberv and corruption, are perpetrnted through "
he medium of words, spoken written. No law, ~
len can be passed prohibiting bribery and cor '''
Ipiion, because, in doing so, you abrdge the G
eedom of speech: will put still another case. 'e
Gould not Congress declare that if any officers IN
1 one of its courts, judge, United States ator- co
icy, or marshal, should improperly TAMPER eie
nth jury to influence their verdict in cause,
vii or criminal depending before them, the Of uo
ence should forfeit his office? And yet such Pc
lmpering would be through the medium of words, Ter
nd it might be said that in prohibiting it you WI
'ere "abrldging the freedom of speech!' These ret
asses suggest, at once, the distinction between 10
ie seditIon law, the ''raw head and bloody mo
,nes' of which have been iourished so dramat- the
ally before our eyes, and such legislation TO
rain the improper interference of Federal
fce holders with the free elect rights of tho
eoPle, as have supposed might be found To be =,
thin the limits of orr constitutional powers s. tho
the case Oh tne seuuoh law" II was tho false. will
and malicious writing as described long
the law the trors themselves, the direc, brn
I'd immediate object of legislative restraint; but lee
"0 no o'"S' N'ooo 'e1eitSu 10, - - VIC det
he challenging the bribery the tampering. the mos
'proper erference) which sought be res are
aimed, and the words but the mere incident per
casual accompaniment. tce
But will no. dwell on these things. l throw pow
lem out only for candid consideration. 1t is no E,
ART oil my purpose to argue the constitutional
uestion which has been raised The proposition =
Inch shall submit leaves that open for future son
nd more deliberate investigation l have a oe ss
uch higher object in view. desire to obtain, dom
some form or other, negation, solemn dsa- of
oval, by an act of the Senate of the most dan Gov
,rous and anti-repuhc,r doc,r,.s of ,h;s 70, il is
UT. majority of this body, by ordering a er.i
rye number OF copies of to be printed, before viii