The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1879-06-05

1866, passed a comprehensive law which
prescribed full and detailed regulations fol
the election of senators by the Legislatures
of theseveral states. This law has beer
in force almost thirteen years. In pursu
ance of it all the members of the pres
ent senate of the United States hold theil
, seats. Its coustitutionality is not called
in question. 1t is confidently believed
that no sound argument can be made in
support of the constitutiOnality of national
: regulation Of senatorial elections which
will not show that the elections of mem
bers of the house of representatives may
, ais be constitutionally regulated by ma
tional authority. The bill before me
itself recognized the principle that the
congressional elections are not state cleo
tions. but national elections. 1t leaves in
supervisors are still to be appointed by
national authority to observe and witness
congressional elections whenever due ap.
plications are made by the citizens who
desire such elections to be guarded and
ccrutinized. If the power to subverse in
any respect whatever the congressional
elections exists under section 4, article 1,
of the constitution, it is a power
which, like every other power belong
ing to the government OF the
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 representa-
tives, an essential part of which it is pro-
/ posed to repeal by this bill, have been in
force about eight years. Four congress
siOnal elections have been held under
! them, two Of which were at the presidan-
| tial elections of 1872 and 1876; numerous
prosecutions, trials and convictions have
been had in courts of the United States in
| all parts of the Union for violation Of these
| laws but in no reported case has their
constitutionality been called in question
| by any judge Of the courts Of the United
States. The validity of these laws is sus-
tanned by the uniform course of judicial
action and opinion. If it be urged that
United States election laws are not neces-
sary, a complete reply is furnished by the
history of their origin and of their results.
They were especially prompted by the in
vestigatiOn and exposure of frauds COM
mitted in the city and state of New York
in the elections of 1870. Commissioners
representing both of the leading political
parties of the country have submitted re-
ports To the house of representatives, as to
the extent of these frauds. A committee
the fortieth congress. after full lnves-
tigatIon, reached the conclusion that the
number of fraudulent, votes cast in the
city of New York alone in 1858 was not
less than 25,000. A committee Of the
forty-fourth congress fin their report, sub
mitted in 1877, adopted the opinion that
for every one hundred actual votes of the
city of New York in 1868, one hundred
and eight votes were cast, where, in fact,
the number of lawful votes cast should
not have exceeded SO per cent ofthe actual
votes cast. BY this statement the number
of fraudulent votes cast at that election, in
the city of New York alone, was from
30 900 to 10000. These frauds completely
reversed the result of the election in the
state of New ork, both as to the choice
of governor and state officers. and as to
the choice of electors of president and
ce president OF the United States. They
attracted the attention of the whole cOun-
try. 1t was plain that if they could
be continued and repeated with
impossible. A distinguished SEN
ator, in opposing the pas
sage of election laws, declared that.he had
tor long time believed that our form of
government was comparatively failure in
large cities To meet these evils and to
prevent these crimes, the United States
laws regarding congressional elections
were enaCteu.
The trainers of these laws have not been
disappointed in their results. In the large
cities, under their provisions, elections
have been peaceable, orderly and honest.
Even the opponents of these laws have
borne testimony to their value and eff
cheney and to the necessity for their en-
actment. A committee of the forty fourth
congress composed of members, a MAORI
ty of whom are opposed to these laws, in
their report of the New York election Of
1875, said:
The committee would commend 10 other
portions of the country and to other cities
this remarkable system. developed through
the agency of the best local and fedeI al
authorities, acting in harmony for an hon.
es: purpose. In no portion of the world,
been an expression of the popular will
through the forms of law, has there been
n more complete and thorough illustration
of republican institutions. Whatever
may have been the previous habit or con-
duct of elections IN those cities, or how
ever they may conduct themselves in the
future this election of 1876 will stand as
monument of what faith, honest endeavor,
legal forms and authority NAV do for the
protection of the electoral franchise. This
bill recognizes the authority and duty of
the United States TO appoint supervisors
to guard and scrutinize congressional cleo
tions, but it denies to the government of
the United States all power 10 make its
supervision effectual. The great body of
the people of all parties want free and fair
elections. They do not think that free
election means freedom from wholesome
restraints of law, or that the place of an
election should be a sanctuary for lawless-
ness and crime. On the day of an elec
tion peace and good order are more neces-
sary than On any other day of the year.
On that day the humblest and feeblest
citizens, the aged and infirm should
he guarded and have reason tn
feel that they are safe in the
exercise OF their most responsible duty
and their most sacred right as members
of society; their duty and their right to
vote The constitutional authority to reg
ulate congressional elections which be-
longs to the government of the United
States and which it IS necessary to exert
to secure the right TO vote, TO every citizen
possessing the requisite qualifications
ought to be enforced by appropriate legis-
lation. So far from public opinion in any
part of the country favoring any relaxa
tion of the authority of the government in
the protection of elections from violence
and corruption, l believe il demands great
er rigor both in the enactment and in the
enforcement of laws framed for that pur-
pose. Any oppression, any partisan par
tiality which experience has shown in the
working of existing laws may well engage
the careful attention both of congress and
the executive in their respective spheres
of duty for the correction of their mis-
chiefs. As no congressional elections oe
cur till after the regular session of con-
gress will have been held there seems be
no public exigency that would preclude
season of consideration at that session of
any administrative deiaIls that might i'm
prove tue present methods designed for the
protection of all citizens IN the complete
and equal exercise of the right and power
.,T tfru u., sucb alactinnS huy with my