The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-07-22
Tuesday, July %. 1872:
Speech of Hon. Prank II. Hurd.

Possibly no speech OF the extra session t
more clearly defined the issues before the 7
people than that Of Hurd. Of Ohio. Parts
of this brilliant speech have been publish
ed, and liberal comm made thereon, but ,
as it SO fully covers the vital issues of the /:
day we publish il verbatim. Following is
the speech in full
The House being in Committee OF the
Whole, and having under consideration
the bill "a. r. No. 23S2) making appro-
priation to pay the fees of United States
marshals and their general deputies
Mr.. Hurd said l.
Mr.. CHAIRMAN: A session OF unusual
excitement appears to be drawing to a
close. Questions OF the greatest interest to
the people of the United States have been
from the first day until now tho subject |
of discussion, and it seems proper thing |
at the termination of the session to con-
slider its result and inquire whether or not
the action of the majority of the House
should meet with the approval OF the
country.
My colleague from Ohio Mr.. GAR
FIELD. who has just taken his seat, has
seen fit, in answer to the positions when
have been maintained by the democratic
10 enter upon disduisition as to the ma
ture of the Federal Government and the
relations of the States to that Government
under the Constitution which they Great
ed. Never 10 all my studies of the polltl-
cal history OF this country, never IN all
nv mountaineering with the political
debates which have taken place 10 the
Congress of the United States have
known such views OF consolidation to be
urged as have been suggested to-day by
that gentleman.
He advanced the extraordinary PROPOSE
ton that the Union preceded the States,
when the seventh article of the Constitu-
ton, which alone establishes the Union
declares:
The ratifcationiof the conventions of
nine States shall be sufficient for the es'
Enlistment of this Constitution between
the States so ratifying the same.
Applause on the democratic side OF
the House.
But in order that all doubt might be
removed upon the subject, and to demon
strate that the Constitution and the Union
were the creatures of the States, it was
declared in the tenth amendment OF the
Constitution.
The powers not delegated to the Unit
ed States by the Constitution, nor prohl'
bited by 1t to the States, are reserved tc
the States respectively, or to the people
Nor is the opinion Of the highc st judicial
tribunal 10 this country wanting upon thl:
proposition. 10 the case of Lane Count,
VS.. Oregon, the following is the decision Of
Chief Justice Chase, to be found on page
7G of Wallace:
The people of the United States con
stitute one nation, under one govern
ment, and this government within tn
scope Of the powers with which it is in
vested is supreme. On the other hant
the people of each State compose Stat
having its own government, and en-
dowed with all the functions essential t
separate and independent existence. I'll
States diSuntted might continue to eCist
Without the States an union there could
no such political body as the Unite
Stdtes.
But, Mr.. Chairman, for the purpose {
the present discussion it is not necessar
TO enter into an elaborate consideration {
the doctrine Of State rights or the power
OF the Federal Government. 1t is sufhc
ent for the bill now under considerable
that we should inquire whether it is will
in the scope of the powers of the FEEDER
Government to pass laws to interfere wit
elections in the States, and only so far
this question is involved do | propose
discuss the doctrine of State rights at a
Al the beginning of this session of col
gress the democratic party proposed thr'
measures of legislation: That the Aru
should be kept away from the polls; tn
the test oath should be repealed, and tn
laws should be enacted for the imparti
drawing of jurors ana that the FEEDER
Government should not exercise authOri
al hotd fbaS
maintained that because of, and by Writ,
of the constitutional provision, that Il
House of Representatives alone shall orr
mate money bills the representatives
the people had the right to insist that t
grievances of which they complain
should be remedied before appropriate
should be made for the support of t
Government.
10 the discussion which has eontiDu
for three months, one of the most earn
aud able that has ever occurred in
American Congress, the democratic pal
has maintained these propositions. 1t
not necessary to enter into the details
the argument; it is sufficient for my pu
pose to briefly recapitulate them,
We said that the measures 20 which
objected were unconstitutional; we 8;
that there was no such person as a vo
OF the United States as such; that eve
man who had a right TO vote had it becaU
of State authority and under State Law
and that therefore the Federal Cover
ment, not creating the voter, had no DOW
TO interfere with him 10 the exercise Of
rights Of franchise.
We insisted that under the laws, as Tn
now stand, there is no such thing as I
tional election; that under the provisio
Of tho Constitution in order that the
should be what is termed a national ell,
ton it was fundamental that congrC
should fix the places, times, and mann
of holding such election. In that event
might be an election held under iedel
authority, but that is not this case; for
every instance the times, places and ma
ner Of holding elections are fixed by
constitution and the law of I
States, except 10 certain cases where [
time is fixed by Congressional ena
ment, The States having exercis
power upon the subject there is no grou
tor the exercise of power by the Unit
States, and TO say that the United Stat
and each State coDcurrenty possess
power of fixing the time, place, and nj
Der Of holding elections is TO say that {
sovereignties possess the same power
do the same thing at the same time on
same subjeet-matter. which is itself
absurdity. We maintained as to the Ar
that, being creature Of Congress, it
no power TO be within tho limits of