The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-06-04

sound argument can be made IN support of
the constitutionality of national regulation
OF senatorial elections which will not chow
that the elections of members of the House
OF Representative s may also be constitution
ally regulated by national authority.
The bill before me itself recognizes the
principle that the congressional elections
are notState elections, but national elections.
1t leaves in full force the existing statute
under which supervisors are still to be ap-
pointed by national authority. to observe
and witness" congressional elections when
ever due application lie made by citizens who
desire said elections to ''be
guarded and scrutinized." II the
power to supervise in any respect whatever
the congressional elections exists under the
fourth article OF the constitution il is q
power which, like every other power be-
longing to the Government of the United
States, is paramount and supreme and in
cludes the night to employ necessary means
to carry 1t into effect. The statutes of the
United States which regulate the election of
members of the House of Representatives,
an essential part of which it is proposed 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 violation OF these laws. In no reported
in question by any judge of the courts of
the United States. The validity of these
laws Is sustained by the uniform course of
judicial action and opinion. II it is urged
that the United States election laws are
not necessary, an ample reply is fur.
nished by the history of their origin and of
their results. They were especially prompt
ed by the investigation and exposure of
frauds committed in the city and State of
New York at the elections in 1878. The
committees representing both of the leading
political parties of the country have submit
ed reports to the House of Representatives
in regard TO the extent of those frauds. A
committee of the Fortieth Congress after
full investigation, reached the conclu-
sion that the number OF fraudulent votes
cast in the city of New York alone in 1868
was not less than $4,000. The committee
of the Forty.fourth Congress in their report
submitted in 1877 adopted the opinion that
for every 100 actual voters IN New York City
in 1868, 1O8 votes were cast, when in fact the
number of lawful votes cast could not have
exceeded So per cent OF the actual votes of
the city. By this statement the number of
fraudulent votes at that election in the city
OF New York alone was between 30, 600
and 10000. These frauds completely re.
versed the result of the election in
the State OF New York, both as to the
choice of governor and the State officers, and
as to the choice Of electors of the president
and vice president of the United States
This attracted the attention of the whole
country. 1t was plain that if they could be
continued and repeated with impunity free
government was impossible. distin-
guished senator, in opposing the passage of
the election laws, declared that he had for
long time believed that our form of govern
ment was a comparative failure in large
cities. To meet these evils and to prevent
the violations, United States laws regulating
congressional elections were enacted. The
trainers of these laws have not been disap-
pointed in their results. In the large cities
under their provisions the elections have
been comparatively peaceful, orderly and
honest. Even the opponents of these laws
have borne testimony to their value and
efficacy and to the necessity for
their enactment. A committee of the
Forty-fourth Congress composed of mem
bers majority of whom were opposed to
these laws, in their report on the New York
| election in 1876, said:
1.-THE committee would commend to other
portions of the country and to other cities
this remarkable system developed through
the agency of both local and Federal au-
thorities acting in harmony for an honest
| purpose. In no portion of the world and in
no era of time where there has been an ex-
| preston of the popular will through the
| forms OF law, has there been a more COM
| plete and thorough illustration of Republi-
can institutions. Whatever may have been
| the previous habit or conduct of elections in
those cities, or howsoever they may conduct
themselves in the future, this election of
| 1876 will stand as monument of what good
| faith, honest endeavor, legal forms and Just
authority may do for the protection of the
| electoral franchise"
This bill recognizes the authority and
duty of the United States to appoint super
| yisors and scrutinize the congressional cleo
lions. but it denies to the Government of
the United States all power to make its su-
pervision effectual. The great body of the
| of all ma frao nd fail al
ions. They do not think that free election
means freedom from wholesome restraints
OF law, or that the place of an election
should be sanctuary for lawlessness and
crime. On the day of an election peace and
good order are more necessary than any
other day of the year. On that day the
humblest and feeblest citizens, the aged
and infirm, should be should have
reason to feel that they are safe in the
exercise of their most responsible duty and
their most sacred right as members of soci-
ETY., their duty and their right to vote.
Constitutional authority to regulate congress
| sional elections, which belongs to the Gov
eminent of the United States, and which it
| is necessary to exert in order to secure the
right to vote to every citizen possessing the
by appropriate legislation. So far from
public opinion in any part of the country
favoriBg any relaxation of the authority of
the Government In the protection OF cleo
tlOne from violence ana cOrIupttOn, DeileFe
it demands greater vigor, both in the enact
ment and in the execution of laws framed
for that purpose Any opposition, any
partisan Partially which experience may
have shown is working against the existing
| laws may we'll engage careful attention, both
of Congress and of the executive in their
respective spheres of duty for the correction
of these mischiefs As no copgre ssional
elections occur until after the regular session
of Congress will have been held, there seems
to be no public exigency that would preclude
q seasonsble consideration at that session of
any administrative details that might
improve the present methods designed for
the protection of all citizens in the complete
and equal exercise of the right and power oil
suffrage at such elections, but with my
views both of the constltutionaiity and oil
the value of existing laws, can not approve
any measure for their repeal, except in