Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-05-30

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4 comprchcnsiva law which prescribed n
full and detailed regulation for the cleo
tion OF senators by the Legislatures Of the
several States. This law has boen In force
almost twelve years. In pursuance Of It
all Of the members Of the present senate
Of the United States hold their
seats, and its constitutionality Is not
called In question. IL Is confidently
believed that no sound argument can be
made In support Of the constitutionality
Of a national regulation ofsenatorial cleo
tions which will not show that the cleo
tion Of members of the house Of repre-
scntatives may also be constitutionally
regulated by national authority. The
bill before me itself recognizes the prin-
ciple that the congressional elections are
not State elections, but national elections.
1t leaves In full force existing State laws
under which supervisors are still to be ap-
pointed by national authority to" observe
and witness" congressional elections
whenever due application is m de by
citizens who desire said elections to be
guarded and scrutinized. IL power TO
supervise, in any respect whatever, the
congressional elections exists under section
4, article ! of the constitution, II is n power
which, like every other power belonging
10 the government OF the United States,
Is paramount and supreme, and includes
the right to employ necessary meaiis to
carry into effect. The statutes of the United
States, which regulate elections of the
members 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. Congressional
elections have been held under them, two
of which were at the Presidential cleo
tions Of 1877 and 1876. Numerous prose-
cutions, trials and convictions have been
held in courts of the United States aud in
lll parts of the Union for violation Of
ahese laws. 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 sustained by q uniform course of judicial
action and opinion. If it is urged that
the United States election laws are not
necessary, an ample reply is furnished by
history Of their origin and of their results.
They were especially prompted by in
vestigation and exposure Of frauds COM
mitted in the city and State of New York
at the elections of 1873. Committees
representing both of the leading political
parties of the country have submitted re-
ports to the house Of Representatives in
extent of these frauds. A COM
mittee of the Fottieth congress, at.
ter a full investigation, reached the
conclusion that the number of fraudulent
votes cast in the city OF New York alone
ia 1868, was not less than 25.OO0. The
committee of the Forty-fourth congress
in their report, submitted in 1877, adopted
| Al ..s,soa Ahak e. $500. 49, IL
actual voters of the city OF New York in
1868 n hundred and eight votes were
cast, when the full 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 thirty and forty thou
sand. These frauds completely reversed
the result Of the election in the State of
New York, both as TO the choice of gen.
eral and State officers, and also as to
the choice of electors of President and
Vice. President of the United States.
They attracted the attention of the
whole country. 1t was plain that if they
could be continued and repeated with i'm
punity, free government was impossible.
A distinguished senator, in opposing the
passage Of the election laws, declared that
he had for a long time believed that our
form of government Was a comparative
failure in the large cities. To meet these
evils and to prevent the violations,
United States laws regulating con-
gresssional elections were enacted.
The Trainer Of these laws has not been
Disappointed in their results in 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 efficiency and to the necessity for
their enactment. A committee of the
Forty-fourth congress, composed of men,
bers a majority Of whom were opposed to
these laws, in their report on the New
York election of 1876, said "The COM
mittee would commend to other portions
Of the country and to other cities this re-
markable system, developed through the
agency of both local and Federal authori-
ties, acting in harmony for an honest
purpose. In no portion Of the world and
in no era of time where there has been
an expression Of the popular will through
the forms Of law has there been q more
complete and thorough illustration OF
Republican institutions, whatever may
have been the previous habit OF conduct
Of elections in those cities, or howsoever
they may conduct themselves in the flu.
ture. This election of 1875 will stand as
3 monument Of what good faith, honest
endeayor, legal forms and just authority
may do for protection of the electoral
franchise. This bill recognizes the author.
ity and duty of the United States Ia
appoint supervisors to guard and scrutis
nize congressional elections but it deniel
to the government of the United State.
all power to make its supervision a~ffectual.
The great body of the people of ais
parties want free and fair elections. They
do not think that a free election means
freedom from wholesome restraints of law,
or that the place of an election should be
4 sanctuary for lawlessness and crime. On
the day of a n election peace and good
order are more necessary than on any
other day Of the year. On that day the
humblest and feeblest citizens, aged
and infrm, should be and should have
a reason to feel that they are safe in the
exercise of their most responsible duty
aud their most sacred right as members Of
society-their duty and their right 10 vote
The constitutional authority to regulate
congressional elections, which belongs To
the government of the United States, and
which 1t IS necessary 10 exert 10 secure
the right to vote TO every Citizen possess.
ing the requisite qualifications, ought Il
} DO enforced by appropriate legislation. 81
far from public opinion In any part
Of tho country hvoring any re-
J taxation In the authority Of the gov.
: nme in the protection of eloo
? tions from violence and co~rSuntion
| believe it demands the greatest vigol
! both In the enactment and enforcement
5 Of laws framed for that purpose. Any
oppression, pF any partisan partially
: which experience may have shown in thu
: making Of existing laws may we'll engag,
: the careful attention both Of congress anC
the executive in their respective sphere.
Of. duty for the correction of tbss
! mischieIs, IA no congressional election
I / AnpuW until aftaw NhC -.