New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-24

gland as here claimed and admitted. after citing
me5 egprcs his own opinion to be Tat tho same rule
exists in this country But he cites no case ana no au
thorty i'm support OF his opinion And IL is not believed
that any exists No stronger evidence of their nonexs
ence than Mr. Cushngs TO cite them, need be pro
duced The citations already made show that no such
rule has been adopted IN this country The Committee
are OF opinion that recurrence of this origin and history
of this rule in the British Parliament VIII show the I'M
possibility Of its application TO case in the American
House of Representatives, Parliament has restriction
of written Constitutions upon IT'S powers sr EDWARD
Coke says that powers and jurisdiction are 20 trans
cendent and absolute that it cannot be confined either
for causes or persons within any bounds" Blackstone
says il hath sovereign and uncomfortable authority IN
making, confirming e1logizing restraining aorogaJhg
repeating revising, and expQunding OF laws concerning
matters of all possible denominations ecelesiasca or
temporal, civil military maritime, or criminal, this Deng
the place where that absolute desp0uc power Mhch
must all governments reside somewhere, is ntrusted
Inv the Constitutions OF these Kingdoms"
And either House of Parliament may, upon proof OF
any crime, adjudge any number disabled ana
D. 1881 With this power, called by some omnpotent,
Parliament grants and takes away the right to vote at
ts pleasure erecs and destroys constituencies when and
where peaes If there has been bribery at election
II sometimes fines and sometimes DISTINGUISHES whole
ments that poWer originates with the people In
theory the right of the monarch Is DIVINE right anu ne
has gacously oOnceded from time 10 tme 10 ,e people
whateycr share in the government they possess. IL
matters not TO the theory that the people IN poe VI
wrenched All this power of the hands OF the inohrc
The conclusion Is easy that what has been conceaeu 20 me
people pleasure be molited limited or eSen ae
ene with exceedingly lavish hand IN me hatci TT
elections to its own body declaring Py e sba he
allowed according TO the last determination of the House
49, that all decisions Of committees House OF Com
with respect to the rights OF election or OF choosing
or appointing the retiring officer shall be final and con
elusive ON the subject forever" Thus they have made
the rule here contended for stante of the realm.
There certainly can be no need OF argument TO snow
that such law find no place in our SYSTEM or ocea-
sion contrast the House of Representatives. with the
"omnpOtence OF Parliament AS oohsrGssi niuen iess
the House OF Representatives, never cOcedeu 10 voter
his right TO the ballot neither can !. take th in1e
ify limit it, Least OF an cah tns Dou5 .r - an
alone. punish voter for oDstlnacy OF In
judge OF the election returns anu @ I ,renbeT
own nembers;" that IL, can judge whether eaen neDe5
has been elected according to she law OF ms stae anu
possesses the qualifications fixed by the Constitution
Here its power begins and ends. cannot touch voter
atty ON him. much less disiranchse him, or say wnat
shah effect power of his ballot II IL DE cast IN d
particular way The laws OF the state determine thls
~ Is ~. Urder that clause OF the Constitution
which says that the times, places, ana manner OF hViu
ING elections for Senators and Representatives shan pe
prsrbed in each state by the Legislature thereof butthe
congress NAV by law make alter SUCH regulation ~
is enough TO say that Congress has never touched those
regulations, but has LEFT them as naoe ~ ' ,b csct
Both Houses have absolutely eonformed IN tne eiece
given the ballot to the law OF the M Sos pe
extent has II been carried OUT thaI 1c 90 o iarts
ected claimant TO seat who HAD ~ votes 10 ~
tIe power of each ballot by prescribing that 20 be
elected Senator must nave not Only nisJV, ~,
o ~, elected 10 the State legislature and there
happens have been 90 members eecIec TO INA, tnse
It ~ tho state OF Delaware rejected votes and
given seat To contestant when four votes had Only ,e
! nan ID
nuircd each voter though there but one representa-
tive elected to put two names on ms DaVt Vi wv
ttates have required a majority OF all votes cast for an
election; some plurality alone some puriy nltet
one or more unsuccessful attempts The statute BOOKS Oh
Ie .a.es az -, me fect and mower OF each ballot
10 tle manner OF dep0sng IT, all 81 which are rule ior
This House Congress has not seen ~ 10 endc' "Dy "a"
concerning it, if had the power II Is not necessary 70
manure whether Kentucky might not provide y iaS lat
votes cast for one known To De lhtlsDle snd p ,a
away and one who has ieceiVoo mo.H - "a sav thet
.ft.fIb at 81
Lot STATE has not only passed such law, Dut ~
hae erarted by statute that shall be declared
% Who Ia NOT received majority OF the votes cast.
A, has been shown Parliament did enact that votes cast
for one ineligible should be treated as not cast ana one
i"yin0 nIifcrtv only OF tie votes be thus elected
Niher Concres or Kentucky has enacted any such law
much less can this House alone By resolution SET up
, thefroo ,fter the fact as a punishment for "wful
obstiuacy and misconduct The rigt OF M
i, sacred right which cannot be taken away rom the
majority. That majority by peTyersey ss4s Sn oh Int
m vote FOX one ineligible can lose ION
never representation while the Cohsuluioh
ana the state Government shall endure. -. .o.
III N be inquired whether a loyal minority nave nO0
ribt when are thus nguishcd. the answer Is obyl-
os II ain an legal voters the right Of one no greater
rule that district after another might DC isit Mho
representative until fepresendaOn 1 lSe he hsds Of
Congress power by law TO make alter or amend All resu
otins os Ia tbe times places and OF electing
rcpreseatatyes If this power enough to meet the ex
geney il VIII be met when it arises; II there Is nor
navel enough then it cannot be found In that instrument
When Congress hes by laws thus regulated elections Is
ou can by resolution conform its action thereto, but
Tue committee are Therefore Of opinion that the case
dos not come within the aw OF the British Parlament
m want of sufficient notice 10 the electors AT the pOs
OF an ne.gblty known and fixed by law; th3t the INV
OF the British Parliament IN TINS particular mas meyer
ren adouted in this country. and is wholly inappcable
10 the system OF Government under which we lye nc
will OF the minority expressed IN conformity WIN eeo
shed law i the very basis upon which rest tile Iound
ons OF our Institutions, and any attempt TO SUBSTITUTE
therefor the will Of minority Is an attack upon the luh
d,nental principles OF the Government ana sccessIuI
will NAVE their overthrow The Committee shrink from
attack and. therefore they recommends INC "uopo
| OF the following resolutions; III -, Il, 49,,
Ri That Young Brown having 20 unfairly gwen sd ana
engaged
hostility United ente to taAe tho oah o. oce
the Second tongre,sona Dse'
Kruturky hold therein as such Representative -
Lss8frd f. Smith having :"
the Second Congressional pstlet OF
Representative
EJ THIS. the Speaker directed notify The Governor OF
a the 10 mouse
| RE Second Congressional District Of hentucAY.