New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-05-30

Congress for the support of the Government.
Without repeating those objections, respectfully
refer TO that message for statement OF nv views
on the principle maintained in debate by the advo-
Gates of this BILL viz that to withhold appropria-
tons is constitutional means for the redress Oh
what the majority of the House of Representatives.
may regard as grievance"
JUST WHAT Is AIMED AT.
The bill contains the following clauses, viz;
And provided further that the following sections oi
the Revised Statutes OF the United States namely sec
tous DIG 2OIs and 2O2O and all OF the succeeding
sections Of said Statutes down to and ncuuls yho
anne are hereby repealed. And that all other
sections Of the Revised Statutes, and az ~
chief supervisors of elections. special deputy haISna
OF elections general deputy marshais ns'n S nu!
perform In respect to any election anu
scrbing their duties and powers and allowing tne,
compensation. be, and the same Time are here0' IL
| pealed.
1t also contains clauses amending sections 2,Ol7,
| 2O19 POPS and 2. O31 of the Revised Statutes.
| The sections of the Revised Statutes which the
BILL if approved, would repeal or amend are part
of an act approved May 80 1870 and amended
February o. 1871. entitled "An act to enforce the
rights of citizens of the United States to vote I'D
the several States of this Union, and for
other purposes" All of the provisions OF the
above named acts which it is proposed In TINS Dill
to repeal or modify relate to Congressional cleo
TONS The remaining portion of the law Wmch VIII
continue in force after the enactment OF TINS meas
ure is that which provides for the appointment Dy
Judge of the Circuit Court of the United States of
two supervisors Of elections in each election
district at any Congressional election on due appli-
cation of citizens who DESIRE in the language of the
law, to have such election guarded and scrutnzed.
The duties of the supervisors will be TO at
tend at the polls at all Congressional cleo
TONS and to remain after the polls are
open until every vote cast has been counted, Dut
they will have no authority to make arrests or 10
perform other duties than to be in the immediate
presence of the officers holding the election, ana TO
witness all their proceedings, including the connt-
ing of the votes and the making of return thereof
| The part of the election law which VIII DO
repealed by the approval of this bill includes those
sections which give authority TO the supervisors OF
elections "to personally scrulnze, count and cam
vass each ballot" and all the sections which confer
authority upon the United States marshals ana uep1
uty Inarshas in connection with the CongreSSlohaI
The enactment of this bill will also repeal section
1922 of the Criminal Statutes of the United States,
| which was enacted for the protecto OF United
States officers engaged IN the discharge OF theT
duties at the Congress ona elections ms section
protects supervisors and marshals in the per
Torrance of their duties by making o
these officers or any interference with them by
bribery or solicitation, or otherwise, crimes against
the United States
The true meaning and effect of the proposed legis-
lation are plain. The supervisors with the author
ity to observe and witness the proceedings at the
Congressional elections Will be left; but there
will be no power to protect them to prevent in
reference with their duties or TO punish any VIOLA
tion of the law from which their powers are de-
rived. If this bill is approved only the shadGw OF
the authority of the United States at the National
| elections win remain-the substance viii be gone.
The supervision of the elections will be reduced
to mere inspection, without authority on the part
| of fhn a do whatever
the election fair one A that Will be left TO the
supervisors is the permission to have such oversight
of the elections as political parties are III the
habit Of exercising without any authority of law In
order to prevent thgh ~ ES b Is to &
stroy any control whatever by the United States
over the Congressional elections.
A STATE RIGHTS VIEW DENIED.
The passage of this bill has been urged upon tho
ground that the election OF members of Congress IS
a matter which concerns the States alone; that
these elections should be controlled exclusively by
the States that there and can be no such cleo
lions as National elections, and that the existing
law of the United States regulating the Congress
sonal elections is without warrant in the Constl-
tution. II Is evident however, that the
trainers of the Constitution regarded the election of
members of Congress in every State and In every
district as IN very important sense justly matter
of political interest and concern to the whole coun-
try The original provision of the Constitution on
this subject is as follows:
SECTION 4-Article 1.-The times, places and manner
of holding elections for Senators and Representatives
thereof; but the Congress may at any time by law
make alter such regulations except as to the places OF
choosing Senators
A further provision has been since added which
is embraced in the Fifteenth Amendment. 1t is as
follows:
SECTION l. The right of citizens Of the United States
TO shall not be denied or abridged by the United
| ht-uV afn
yiOus condition of servitude.
SEC 2. That Congress shall have power to enforce
this article by appropriate legislation
Under the general provision of the Constitution
(Section 4, Article II Congress in 1866 passed a
comprehensive law which prescribed full and de-
tailed regulations for the election of Senators by
the Legislatures of the several States This law has
been III force almost thirteen years. In pursuance
of it all of the members of the present Senate
of the United States hold their seats
Its constiutionaty is not called in question. 1t is
confdentially believed that no sound argument can
be made in support of the constitutionalty of Ma
tlonal regulation of senatorial elections which will
not show that elections of members of the House of
| REPRESENTATIVES may also be consttutiOnaly regu-
| lated by the National authorities.
The bill before itself recognizes the principle
| that the Congressional elections are not State
| elections but National elections 1t leaves in full
force the existing statute under which supervisors
are still TO be appointed by National authority TO
"observe and witness" the Congressional elections
whenever due application Is made by citizens who
| desire said election to be guarded and scrutl-
| pZed" If the power TO supervise i'll any respect
whatever the Congressional elections exists under
Section A. Article of the Constitution, it power
which, like every other power belonging 10 the
| Government of the United States, is paramount
| and supreme and includes the right to employ the
| necessary means TO carry it into effect.
The statutes of the United States which regulate
the election Of members of the House OF Represent
atives an essential part of which 1t is proposed to
repeal by this bill have been in force about eight
| ION preGs a.
under them, two of which were at the Presi-
dental elections of 1872 and 1876. Numerous
prosecutions trials and convictions have been bad
in the courts of the United States in all parts of the
Union for violations of these laws. In no reported