The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1879-06-04


tions.
The passage of this bill has beel
urged upon the ground that the cleo
,ion Of members of Congress is y mat
ter which concerns States alone ; tina
these elections should be controlled
exclusively by States !; that there arr
aud "a be nc such elections as ma
tionsl elections, and that the existing
law of the United States regulating
Congressional elections is withou
warrant in the Constitution. IL il
evident, however, the trainers Of th'
Constitution regarded the election o
members OF Congress in every State
and 10 every district az, in q very i'm
portant sense, justly q matter of pc
litical interest and concern to tn,
whole country. The original provi
sion of the Constitution OF this subjec
is as follows:
Section 4, article l.. The times
places aud manner of holding cleo
tions for Senator's and Representa-
tives shall be prescribed in each
State by the Legislature thereof, bul
Congress may at any time by Law
make or alter such regulations. ex'
cept to places of choosing q Sena
tor"
A further provision has since been
added, which is embraced in :be
Fifteenth amendment. 1t is as fol
lows:
"Section |. The right of citizens OF
the United States to vote shall not
be denied or abridged by the United
States, or by any State, on account
Of race, color or previous condirion Of
servitude.
"Section 9. The Congress shall
have power to enforce this article
by appropriate Legislation"
NATIONAL SOVEREIGNTY.
Under the general provision of the
Constitution (section four, article
onel Congress in 1866 passed q COM
~prehensive law, which prescribed a
tull and detailed regulation for the
election of Senators by the Legisla-
lures of the several States. This
law has been in force almost thirteen
years. In pursuance of it all the
members of the present Senate of the
United States hold their seats. Its
constitutionality is not called in qu-s-
tion, 1t is confidently believed that
no sound argument can be made in
support of the constitutionsiity Of the
national regulation of Senatorial
elections which will not show that
the elections of members of the House
of Representatives may also be con-
stitutionally regulated by national
authority.
The bill before me itself recognizes
the principle tina. the Congressional
elections are not State elections, but
National elections. 1t leaves in foil
force the existing statute under which
supervisors are still to be appointed
by national authority to observe and
witness" Congressional elections,
whenever due application 10 made by
citizens who desire said elections to
be guarded aud scrutinized." If the
power to supervise in any respect
whatever the Congressional elections
exists, under section four, article one
of the Constitution, it is q power
which, like every other power belong
ing to the Government Of the United
States, is paramount and supreme,
and includes the right to employ
the necessary means TO carry 1t into
effect.
The statutes of the United States,
which regulate the election OF mem
bers of the House of Representatives,
an essential part of which it is pro-
posed to repeal by this bill, have been
in force about eight years. -Four
Congressional elections have been
held under them, two of which were
at the Presidential elections OF 1872
and 1876. Numerous prosecutions,
trials and convictions have been held
in the courts of the United States in
all parts Of the Union for violations
of these laws. In no reported case
has their constitutionality been called
in question by any Judge Of the
courts OF the pnited States. The
validity OF these laws is sustained
by The uniform course Of Judicial &C.
zion and opinion.
NECESSITY POR EXISTING LAW.
If it is urged that the United
States election laws are not neces-
sary, an ample reply is furnished by
the history Of their origin and of their
results. They were especially prompt
ed by the investigation and exposure
81 frauds committed in the city and
State Of Eew fork st tps election of
1868. Committees representing both
Of the leading political parties of the
aauntry haye submitted reports to
the House of Representatives, of the
extent of those fraads. A committee
Of the Fortieth Congress, after a foil
Investigation, reached the conclusion
thai the numher Of fraudulent votes
cast in the City of New York alone
IN 1868 was not less than $4,000. A
of the Porty-fourth Con-
gress, in their report, submitted In
1871, adopted the opinion that for
every one hundred actual voters of
he City Of New York in 1868, one
hundred and eight votes were cast,
when in fact the number Of lawful
cast could not have exceeded
lightweight per cent. of the actual
osthe city. By this statement
he number Of }frasduienr votes at
hat election, in the City of New
York alone, was between thirty and
'orty thopcsnA. These frauds COM
reversed the result Of the
ELECTION in the State of New York,
'oth as 70 the CHOICE Of Governor and ,
State ~oiicers, snd IS to tbe ekoies of
.~leotors of President and Vice Presi-
lent of the United States. They at
racted the attention Of The whole ,
country. 1t was plain that II they 4
ould be continued and repeated with :
mEanitJ, ,,reo government was i'm :
'ossibls. sta j
A distinguished Senator, ia orpos- I,
az the passage OF the election laws.
declared be had for 9 long time be- /
sgr form of government was a /
o~mparstive failure 10 .srgs CITIES q
meet thesa evils and ~pysyentI !,