The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1871-03-16
The BaYonet Election Law.

The Bayonet Election Law.
SPEECH OF G. W WOODWARD, OF
PENNSYLVANIA, IN THE HOUSE OF
REPRESENTATIVES,, FEBRUARY Is
1871.
| The House having under considers
ton the bill (H. II. No. 2,634) to
amend an act approved May 81, 1870,
entitled "An act to enforce the rights
of citizens of tho United states to
vote in the several States ef this
/ Union, and for other purposes" Mr..
/: Woodward said:
Mr.. SPEAKER: During the last
! session OF Congress bill was report
ed by the chairman of the Committee
| on the Judiciary and passed, consist
ing of twenty three sections, entitled
:. An act to enforce the right of citi-
zens of the United States TO vote in
the several States of this Union, and
tor other purposes" And now. sir,
we have supplement to that act,
drawn by the gentleman from New
York MIR. ChurehiiD, and reported
by the chairman OF the Committee OH
the Judiciary; a bill consisting of
eighteen sections, supplementary to
the act of last session. Mr.. Speaker,
L have asked myself the question,
which, suppose is a. proper one for
! every representative of the people to
ask for himself when legislation in
yolving constitutional questions is
proposed, on what constitutional
ground is this proposed legislation
based? i ask this question because
| the government of the United States
being government of delegated pow
ers, and this Congress exercising on
ly the legislative powers delegated in
the Constitution of the United States,
the very first question that arises is
| this: does the proposed legislation
/ fall within any of the powers delega-
| ted to this legislative body? And up
| on looking into the Constitution for
the excuse or justification, as gentle-
men call it, for this legislation, am
referred to the fourth section of the
| first article, which reads as follows:
The times, places, and manner of
| holding elections for Senators and
Representatives shall be prescribed in
each State by the Legislature thereof; ;
but the Congress may at any time by
law make or alter such regulations
except as to the place of choosing
| Senators. tss 4
Now, Mr.. Speaker, the latter clause
of this fourth section, which gives to
Congress the power to alter the regu-
lations made by the States, has been
and is a dead letter in the Constitu-
| ton of the United States. The Con-
gress of the United States has never
practised upon it., has never asserted
| it; and when you take into view the
lapse of time since this Constitution
was adopted, the practice of the gov
ernment for this long period is the
highest evidence of the meaning of
this constitutional provision, which is
that the whole subject of regulation
OF elections is reserved to the States,
and is not granted to the Federal gov
ernment. The trainers of the Consti-
tuition have told US what purposes the
latter clause of the fourth section was
intended to answer. One or more
States might refuse to elect Senators
and Representatives, and SO dissolve
their political connection with the
Union. Ii any State should so regu-
late elections as to produce this re-
suit, the power was delegated to Con-
| gress to alter such regulations. This
is the scope and meaning of the clause.
But the contingency contemplated by
the trainers having never occurred,
the clause has lain dead letter in the
| Constitution, and the practice of the
government throughout its history,
until the strange times upon which
we have fallen, has recognized the
State right of regulating elections
1t is not in its nature All exclusive
power. If not exercised by any par
ticular State, the Federal government
| may compel its exercise so far as to
secure a representation in Congress );
but if exercised it is exclusive, and
belongs absolutely to the Strife gov
ernments.. And this long practice of
! the government is the highest possible
evidence in favor of this interpreta-
ton of the clause in question. The
\ argument receives additional support
from. the second section of the first
article of the Constitution, which is in
these words; 80 ..gs
| The House of Representatives shall
| be composed of members chosen eve
ry second year by the people of the
several States, and the electors in each
State shall have the qualifications re-
quisite for electors of the most numer-
Gus branch of the State Legislature.
| Thus the Constitution, in providing
for members. to sit in this hall, bases
! itself entirely on the unrestrained
sovereign win of the States. Each
State was to prescribe the qualifica-
! tions of electors for the most numer-
Gus branch of its own State Legisla-
| ture. Nobody can doubt that. 1t
would not be q free and independent
State ifitlmight not define the cleo
tors of its own Legislature; and the
same electors were to choose the mem-
bers of the House of Representatives
Aud so in regard to electors for Pres
ident and Vice President; they were
to be chosen in State lin such man.
ner as the Legislature thereof may di-
rect" The only elective officers of
! the Federal government were to owe
! their elections to such electors as the
States should qualify, and this shows
the Importance of such q conditional
grant of power, as that which is eX-
| pressed in the last clause of the fourth
| section of article one. For, if the
States qualified no electors the Fede-
raj government could have no elective
officers; but if the States kept up cleo
tions, as indeed they were bound to
do if they would remain republican
in their form of government, why,
then, Federal elective officers were to
be chosen by electors qualified by the
States, and the Federal government
! was to have no control over State elec-
tions whatever. Now ask what is
the authority for the extraordinary
legislation of last session and that
which is proposed by this bill +? Not
the clause of the fourth section, be-
cause that was limited to q contingent
cy which has not happened. Every
State has Legislature, an election
law, and annual or biennial elec-
tions. Every State, therefore, quail
fies electors. And the Constitution
of the United States refers all elective
officers of the Federal government to
those State electors. The time has not
come, the contingency has not hap
pened, for the exercise of the power
delegated by the latter clause of the
fourth section, and the proposed leg