The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-05
CONGRESS AND THE ELECTION LAW

upon that portion OF Hayes message which
referred to the elections In the South; Gar
field made use of the following language
ct Ia the right of State to attend to its own
local concerns, and it is the right of the Coy
eminent to attend to national elections"
This Is bit Of constitutional construction
which we shall, doubtless, hear a great deal
more Of before the end of the present session
OF Congress, and from the alaerity with which
Garfield delivered himself OF It, It would
seem to indicate that the observation had
been bottled up inside Of that statesman
has been the case, and that 1t has been settled
| upon by the Radical communion, after long
and careful consideration, as tho chief theme
of the party howl In tho present Congress
The enunciation Of IL by Garfield WAS entirely
unprovoked by anything said by Wood, :and
Only came out because Garfield. rs Hey..s'
spokesman, was SO chuck full of 1t he could
not hold IL IN. However irrelevant tsie enu,l-
citation may have been Mt the time Garfield
uttered II ct can, nevertheless. be taken AS a
sort Of cautionary signal OF a coming tempest
that shall be brewing very soon In the Com
mittee on Appropriations, whence 1t will ex-
tend 10 The House and thence to the Senate:
The matter will come up in its proper order
when that portion of Hayes message which
calls upon Congress to make adequate appro-
priations to enable him and Devens to carry
on the prosecutions based on tho Federal
election laws comes up for consideration.
This proposition, which means that Dealo-
cratic Congress Is expected to supply: n
deficiency fund to defray tho expenses. of y
partisan crusade against the South and the
Democratic party, to payCJor the services
of the Federal supervisors ut the: last
election and tho costs OF the per
secutions based on tho election Jaws
which tho Fraudulent Administration las
determined upon, will be referred to- The
Committee on Appropriations. and there the
storm will first develop Itself. Thence: it
will soon reach the Ho,ye and the Senate.
and as there is no possible basis OF compro-
mise, we may look forward to the. same
deadlock between the two houses which
operated the refusal by the Forty-fourth
Congress to pass the army appropriation
bill
in view Of tho immense amount and press
Ing character OF legislation absolutely
necessary for the advancement OF |all
our great material interests. matters
which more nearly affect the happl-
ness and prosperity of tho country: than
all the purely political Issues that can! be
made. such condition Of affairs will; be- la
mcntable indeed What can be done to avoid
such a catastrophe? We do not see how :the
Democrats can afford to yield their point, and
we certainly shall not advise them to de- SO.
Such d proposition as Hayes has made for
mally to Democratic Congress, 50 fragrant
Is the partisan purpose OF 1t, is an insult which
can but be rebuked. The law under whichsthc
Federal government assumed to supervise
and control elections. and upon which tho
prosecution of the people Of South Carolina |
and Louisiana Is TO be based Is o. part
o. that extra constitutional legislation, !
as Thad. Stevens honestly confessed II 10 be,
which was directed against tho South during
the Grant regimes 1t is, and was known to
be when enacted, unconstitutional and utterly
to and subvprsive Of all American
traditions in regard TO the conduct Of ielec-
lions and the exercise OF the elective fran
chise. I.
This Is matter which ls specially:oonfided
10 the HlaUS ny ~ HIoNlbtou vi bIi' !.i'tibu
tion. and their exclusive control of it has been
confirmed by the practices Of tho govern ment
and the universal acGuicscence Of the people
through three-quarters OF a century,: Grant
ing that tho article Of tho constitution
giving to Congress the power to
"alter such regulations" as the; States
may make, under the authority specially del
egated to them, In regard to the times.
nlaces and manner of holding elections for
Senators and Representatives" admits OF the
construction claimed for It by Garfield ana
his associates, tho fact still remains that this
Interpretation, and tho laws passed in.accord-
ance Herewith, were the results Of. war, the
outgrowth of a wrongful and lawIess. s!'bver
sion of the autonomy Of the Southern States,
and was fragrant violation of long Gontin
ued precedent and custom as sacred rs the
constitution itself. Yet we by no means adj
NIT the justice or reason Of any sdch: inter-
probation. The delegation to the States Is
plain and positive; it even amounts: TO i com
,mand The use OF the words i"may
alter in the proviso defining the
power reserved to Congress, positively OBJ
trudcs .Se conviction that, howeverCongress
may alter" the regulations prescribed by
the States in regard to the exercise of the
elective franchise, the enforcement :of these
altered regulations and the entire control Of
all elections are reserved to the States, and
to them exclusively. There is not. one word
In the constitution to justify any other con-
struction, while all the traditions Of the peo-
pie and all the practices Of the government
sustain the view We have taken. The whole
body of the Federal election laws is unconsti-
tutional and disgrace to our statute books.
Instead OF making any concessions! il the
question is raised, the Democrats :should
insist upon the repeal Of the lawl 1T was
passed when the treatment of the South was
utterly corrupt end INSCRIPTIONS, and it was
intended as nothing else than a proscriptive
and partisan measure. The manner In which
Hayes now proposes to execute 1t, land in
which he has obtrudeCs 1t upon Congress at