The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-06-11

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II is sir, TO secure TO the ofiice-holders these
invaluable privileges that this bill is designed
The most perfect freedom in the exercise OF the
elective franchise-of the right OF speech and OF
the press is what most desire to see perna-
nently established. That is undoubtedly what the
trainers OF the constitution contemplated, and
what they supposed they had succeeded IN Sc
curing upon the most durable foundation. Buf
the interest and ambition OF men in power have
defeated the design of the constitution IN tins
respect; and this bill is intended TO restore the
freedom thus uenched upon by the Executive
branch of the Government. And so entirely un.
founded do regard this objection, that would
be willing TO insert proviso to the section under
consideration, that nothing therein contained
should be so construed as TO violate the right OF
speech and of the press, as secured by the CON
stituton Sir, would fearlessly leave II TO the
judiciary to give all the effect 10 this section
which | design il shall have, subject to such
proylso.
The following important note is appended to the
speech Of Mr. Bell from which take the above ex-
tract
Note.--My colleague, (Adr BRows, in his remarks
upon that section Of the bill which prohibits the inter
ference of public officers in elections referred to the
vote OF Mr.. Madison against an amendment proposed
W u eAtisc Di, lI3, by winch the OIhcers engage
IN the excise duties be prohibited from such
interference 10 show that he opposed to any legs
iaiion on the subject II my colleague had read the
debate which has come down to that proposition
he would have found that the vote Of Mr.. Madison
furnishes test Of his opinions upon this subject
lie was silent in the debate and we can only infer the
grounds Of his vote from what said by others. IL
will appear that some opposed the amendment because
the discussion Of il tended TO delay the bill others
feared that it would make the bill unpopular others
again opposed TO the amendment because Il did
not embrace all the officers and another OBJ
lection was that it did not extend to all the officers
of the Government 1t appears that General James
Jackson, Of Georgia, moved the amendment, and he
supported it with great zeal, confidence, and ability
He undoubtcd patriot, and statesman OF
high order 1t cannot be said of him that he did not
know how to prize the liberties of his countrymen,
for he of the baycst Of the brave in defend
ing them in the Revolution Il will be found that the
prohibition proposed by his amendment, was in the
very words of Mr.. Critendens hill, much stronger
measure than mine;) yet early 1871 and before
any complaint existed, twcnty-onc members out OF
fifty eight voted for the prohibition while voted
against it, because it did not extend to more hume
rous class Of officers.
Mr.. Ames and Mr. Sherman took the lead in oppo-
si,ion to the amendment Mr. Jackson and Mr.. Ger
ny its champions The following brief sketch OF
the debate will confirm these views
A Bill laying duties on distilled spirits,
JANUARY 81, 1871 Mr. Jackson; of Georgia NOV
cd the following amendment
And be IL further enacted, That if any inspector,
or other officer person concerned in the collection
of the TO be raised by this act shall by word
message writing, in any other manner whatso-
persuade endeavor to PERSUADE any ecctor to
give, or dfssuade endeavor to dssuade any eector
from giving his vote to for the choice Of any per
son. to he member of the House of Representatives
member of the Senate, President Of the United
States, such inspector other person, offending,
shall be forever disabled from holding Office under
this act, and shall be subject to penalty of --
dollars"
1 Mr.. Jackson spoke at length in its support
Mr.. Sherman objected; and, among other things,
said If such provision was necessary in the case
he thought IT might be made in another bill
Mr.. Livermorc approved the motion, and spoke in
| its favor
Mr. Vnng opposed it said it would be dsfran-
chisement of the officers; and further urged the i'll
policy of rendering the law odious :"
! Mr. Jackson replied. He denied 81 that it any
Acknowledgement of the citizen, and adyerted par
culary to the dangerous influence that some future
President would acquire by virtue Of the power which
he possesses Of removing those officers"
Mr.. Gerry objected to the amendment because it
did not 90 far enough- ought TO extend TO all other
revenue officers.
| Mr. Amos opposed the amendment vehemently-
He urged many of the usual grounds of opposition
He said the law Iof Great Britainl which the gen
tleman (Mr Jackson) had referred to enacted
till the abuses il intended 10 remedy had risen To
an enormous height If there should be
slty Tor similar law, winch ne by no means expected
it would then be time enough make the regulation"
Mr.. Bloodworth replied TO Mr., Ames. He thought
il would be best to prevent the evil if possible, by
acting law in season"
Mr. Seney supported the amendment. He thought
" it would be sautary provision, and no infringe
ment the rights of the people as it would be OPP
onal to accept Office not"
Mr. Stone, of Maryland, was in favor of the amend
ment. He said We must either deprive the excise
officers of this privilege of interfering, give up the
freedom of elections
Mr.. Vining urged the acccleration of the bill
Mr., Lawrence could wish that the clause might
be deferred, and made the subject of separate dis
cussion He objected to it not being extensive
enoughit ought to include all the officers of the Go
vernment
MIR. Sedgwck opposed the amendment.
Mr.. Gerry spoke to all the objections 1t will be
too late when the evil takes place apply the
dy The President will then have it in his power to
influence the elections in such manner as TO procure
Legislature that would not TO law for APP
plying the remedy"
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