Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1879-06-11
NUMBER 80.

1900 passed comprehensive law Whlt
prescribed full and detailed regulation +,
; the election of senators by Il
legislatures of the several state
13 years. In pursuance of it all of til
members of the present senate of IL,
Unitei States hold their seats. Its const
tutionality Is not called in question. 1t
confidently believed that no sound argr
ment can be made in support of the const
tutionality of national regulation of senate
rial elections which will not show that tn
election OF members of the house of repre-
sentatives may also be constitutionally res
ulated by national authority.
The bill before me itself recognizes tn
principle tina. the congressional are no
state elections. 1t leaves in full force tn
existing statute under which supervisor
are still to be appointed by nationa
authority, to "observe and witness" con
gressional elections whenever due apilpca
ton is made by citizens who desire stat,
elections to be "guarded and scrutinixed.
! If power to supervise in any
respect whatever the congressional elec
tions exists under Section 4, Article of the
constitution, it is a power which like every
other power belonging to 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 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 1879 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 case has theil
constitutionality been called into question
by sny Judge of the courts of United States.
The validity of these laws is sustained by
the the uniform course of judicial action
and opinion.
II it is urged that the United States cleo
ton laws are not necessary, an ample reply
is furnished by the history of their origin
and of their results. They were especially
prompted by the Investigation and exposure
of frauds committed in the city and
state of New York at the elections
of 1868. Committees representing both OF
the leading political parties Of the country
have submitted reports to the house of rep
resentatives, in extenso, of those frauds. A
committee of the fortieth congress, after q
full investigation, reached the conclusion
that the number Of fraudulent votes
cast in the city of New York
A committee of the forty.feurth congress
in their report submitted in 1877 adopted
the opinion that for every one hundred
actual voters of the city of New York in
1868, 10S votes were cast, when in fact the
number OF lawful votes cast could not have
exceeded SO per cent. of the actual voters
of the city. BY this statement
'.he number OF fraudulent votes
az that election in the city of New York
alone was between thirty thousand and forty
thousand. These frauds completely re.
versed the result OF the election in the
state of New York, both as to the
fcers and as to the choice of elec.
tors of president and vice-president
of the United States. They attracted the
attention of the whole country. 1t was
plain that il they could be continued and
repeated with impunity, 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 q
comparative failure in the larger cities. To
meet these evils and to prevent these
crimes, the United States laws regulating
congressional elections were enacted.
The trainers of these laws have not been
disappointed in their results. In the large
cities, under their provisions, the elections
have been comparatively peaceable, 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
44th congress, composed of members, Q ma.
jority of whom were opposed to these laws,
in their report on the New York election Oi
1876 said "The committee would commend
to other portions of the country and to
other cities this remarkable system devel.
oped through the agency of both local and
Federal authorities, acting in harmony foi
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 Re
publican institutions. Whatever may have
been the previous habit or conduct of cleo
tions in those cities, or however they may
conduct themselves in the future, this cleo
ton Of 1876 will stand as a monument o.
what good faith, honest endeavor or lega
forms, and Just authority may do for th'
protection Of the electoral franchise"
This bill recognizes authority and duty o.
|
guard and scrutinize congressional cleo
tions, but it denies to the government o.
the United States all power to make it
supervision etfectusl. The great body O
the people of all parties want free and fai
election. They do not think that free cleo
ton means freedom from wholesome
restraints of law, or that the place OF a.
election should be sanctuary for lawless
ness and crime. On the day OF an election
peace and good order are more necessar!
than ON any other day OF the year. On ma
and infirm, should be, and should have res
son to feel that they are, safe in the exercis
of their most responsible duty and thei
most sacred right as members Of society
their duty and their right to vote.
The constitutional authority TO regulat
congressional elections which belongs t
the government of the United States AM
which il is necessary to exert TO secure tn
right to vote 70 every citizen possessing tn
requisite qualifications, ought to be en-
forced by appropriate LEGISLATION. So to
from public opinion in any part OF tn
country favoring any relaxation OF tn
authority of the government in the protee
ton, believe it demands greater rigor bot
in the enactment and in the exaction OF tn
laws framed for that purpose. Any. oppre'
sion, any partisan partiAlity which exp'
rience may have shown in the working 9
existing laws may we'll engage tn
careful attention both of congrel
and of ths executive in thei
respective spheres Of duty for the col
rection of these m lsehiefs. Al NO congrei
sional elections occur until after the regula
session of congress win have been held
there seems to be no public exigency tn
would preclude . seasonable consideration
at that session of any administrativ
details that might improve th
present methods, designed for tn
protection OF all citizens in the complet
and equal exercise of the right and powe
OF suffrage at such elections. But with N
views both of the constitutionality and th
value of existing laws l cannot approx
any measure for their repeal q
cept in connection with the 81
actment OF other legislation whic
may reasonably be expected 70 afford wis<
and more efficient safeguards for free ~
honest congressional elections.
(Signed) RUTHER1O1D 3. HAYss'
i ExECUTIvR MANSION, Nay 10th, 1879.
The house refused to pas the legal,
tive appropriation bill over the pres
! Idant,s veto. yeas 113, nAys 81, not th