The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-07-10
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CLOSING THE DEBATE,
FRANK HURD'S GREAT SPEECH
DEPENDING THE nEMoCRAr-
IC POSrrI Qlgs =

Deliferea ia vac n'Ne9 w rhi"~s ~ ~ "'F'' -
Mr. .CHAIRMAN "A session o5 unusual
excitement appears TO bR dftl8ReeiQ ?
close. Questions oEthH l1'erest
to the people'oftAe pssAd q sRsAB lleyyse
been from the ilgs \ II npsil now the.
subject Of disaission aud Il seems pro.
per thing al iis teFRlaetion to inquire
into the result 81 h and to inquire
whether or not TIE action Of the msjor
ity ofthis Hotse NJ els with the appro-
val of the s'Ameri;Aa psop,e'
My colleague from Ohio Mr., Gar6eld)
who has just taken his seat, has seen fit,
in answer to the positions which have
been maintained by the Democratic
party in the progress of the argument, to
enter upon ditqnistion as to the nature
of the Federal government and the rela-
ton of the States to that Government
under the Constitution which they cre-
ated. Never, in all my studies of the po-
iitiCal history Of this country; never in
all my knowledge of the political debates
which have taken place in the Congress
of the United States, have | heard such
views Of consolidation advanced as have
been suggested to-day by that gentle
man.
He advanced the extraordinary propo
sition thatthe Union preceded the States,
when the seventh article of the Consti
tuition declares The ratification of the
Conventions Of nine States shall be suffi-
cent for the establishment of this Con-
stitution between the States 30 ratifying
the same" [Applause on the Demo
cratic side of the House.
But in order that all doubt might be
removed upon the subject, that the Con.
stitution and the Union was the creature
of the States, it was declared in the tenth
amendment of the Constitution: That
the powers not delegated to the United
States by the Constitution, nor prohibit
ed by it to the States, are reserved to the
States respectively or to the people"
Nor is the opinion of the h CHEST Judi
cial tribunal in this country wanting
upon this proposition. In the case of
Lane County vs. Oregon, the following is
the decision of Chief Justice Chase, to be
found on page 76of7th Wallace !:
"The people of the United States con-.
stitule one Nation, under one Govern
ment and this Government, within. the
scope of the powers with which it is in
vested is supreme Ga the other hand,
the people of each State compose State,
having it's own Government, and endow.
ed with all the functions essential to sep
arate and independent existence. Fhe
States disunited might continue to exist
Without the States In Uniou there could
be no such political body as the United
States"
But, Mr. Chairman, for the purpose of
the present discussion it is not necessary
to enter into an elaborate consideration |
of the doctrines of States rights or the |
powers of the Federal government. 1t |
is sufficient for the bill now under con
sideration that we should inquire as to
whether it is within the scope and the
powers ofthe Federal government to pass
laws TO interfere with elections in the
States, and only 80 far as this question is
involved do l propose to discuss the doc.
trine of States rights at all.
At the beginning of this session fCon-
gress the Democratic party declared three |
propositions We insisted that the army
should be kept away from the polls
that the test oath should be repealed,
and that laws should be enacted for the
impartial drawing of jurors; and that
the Federal government should not ex.
ercise authority over elections held with
in the States.
We insisted and maintained, that be
cause Of, aud by virtue of the Constitu-
tionsl provision, that the House Of Rep
reseDtatives alone shall originate money
bills that the representatives Of the peU.
pie had the right to insist that the griev.
ances of which they complained should
be remeded before appropriations should
be made for the support of the Govern
ment.
In the discussion, which has continued
for three months, oAe of the most earn
est and able that has ever occurred in an
American Congress, the Democratic par
ty has maintained these propositions. 1t
is not necessary to enter into ar argu
ment; it is sufficient for my purpose to
briefly recapituate them.
We said that the measures TO which
we objected were unconstitutional we
said that there was no such person as a
voter of the United States as such; that 6
every man who bad a right to vote, i
had it because of state authority and t
lndeF state laws. aud that, therefore, the [
Federal government not creating the s
voter, had no power to interfere with '
him in the exercise of his rights of fran.
,hise. ,d .g II
Weinsisted that under the laws as they
low stand there is no such thing as J
National election; that under the provis. i
ons OF the Constitution, in order that s
here should be a National election, it t
vas fundamental that Congress should i
TX the places, time and manner of hold. I
ng such elections. In that event there
night be National election, but that is ;,
he times, places and manner of holding u
elections, are fixed by the Constitution =
Ind the laws of the States except in :, =
Jingle instance as to the time. The States ~
having exercised power upon the sub e
eet there is no occasion for the exercise !
Of power by the United States; and to \
'ay that the United States and each state :,
It the same time possesses the power of =
king the time, place and manner of y
lolding elections, is to say that two SOY =
posses the power 10 do the y
anne thing at the same time on the same
ubject matter, which is itselfa absurd P
ty. We maintain as to the army that, :
t being creature Of Congress, it has no CO
'ower to be within the limits of the SOW 81
'reign States except as the Constitution o.
If the United States provides, aud then 0
'nly for the purpose Of suppressing do Sc
nestle insurrection or repelling the arm Ia
I'd enemies of the Hnitad C1atas ond W