Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-05-29

Nes NoilaHN III but tOuhlllutlOu. II Is
evident, however, that the trainers Of the
constitution regarding the election Of
members of congress in every State and
IN every district is in very important
sense justly matter Of political interest
and concern TO the whole country. The
original provision of the constitution on
this subject is as follows section 4, arti-
Gle THE times, places and manner Of
holding elections for senators and repre-
sentatiyes shall be prescribed in each
State by the legislature thereof, but CON
gress may at any time, by law, make or
alter such regulations except as to places
of choosing senator"
A further provision has since been
added which is embraced in the Fifteenth
amendment. 1t is as follows: "Section
/. The right Of citizens Of the United
States to vote shall not be denied or
abridged by the United States or any
State on account Of race, color or previous
condition of servitude. Section 2. The
congress shall have power to enforce this
article by appropriate legislation" Under
the general provision Of the constitution,
section 4, article l, congress, in 1866, passed
comprehensive law which prescribed A
full and detailed regulation for the cleo
tion of senators by the legislatures Of the
several States This law has been 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. 1t is confidently
believed that no sound argument can be
made in support of the constitutionality
OF national regulation of senatorial 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 bynational authority to" observe
and witness congressional elections
whenever due application is m de by
citizens who desire said elections to be
guarded and scrutinized. If power to
supervise, in any respect whatever, the
congressional elections exists under section
A. 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 necessary means to
carry into effect. The statutes Of the United
States, which regulate elections of the
members of the house of representative,
an essential part of which il 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 1872 and 1876 Numerous prose-
cutlOns, trials and convictions have been
held in courts Of the United States and in
all parts of the Union for violation Of
these 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 uniform course of judicial
action and opinion. If 1t 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 1878. 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 FQrtleth congress. af-
ter q full investigation, reached the
conclRslnn that the number of fraudulent
votes cast in the city ct New YaFk alone
in 1868, was not less than 25,000. The
committee Of the Forty-fourth 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 one hundred and eight votes we're
cast, wheg ths fRlI RgThPt af laBful Totes
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 af tba elegtiAR N tbh STATE of
New 19rki bolA as 10 the choice Of gen
eral and State officers, and also as In
the choice Of electors Of President and
Yice-President Of the United States
They attracted tho siteptieg Of the
wh99ls ,egAhtFF' Y Was Rlaip that If they
could ba CONTINUED and repeated with i'm
punlty, free government was impossible.
A distinguished senator, in opposing the
passage of the election laws, declared that
he had for Il long time believed that our
form of government was comparative
failure iRthe laFgp pitiqs ,Ta mdel these
fyliS fH AA9g. " AFeNns the violations,
United STATS laws regulating con
gressslonal 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 |
FQplT 7fobplh GongFees, eoApoSea Of mem |
bers q majority, Of whom were opposed to |
these laws, IN their repQyt on lie New |
York election Of 1876, said "The com
mittoe 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 anthori-
ties acting in harmony for an honest
purpose. In no portion of the world and /
in no era IF Was Whege tAsfe has been
'''f @htttiH bt INV NNe bNNAN 0NGll u ulOIl
complete aud thorough illustration of |
Republican institutions, %staatever NAV !
nave Deea ths previous habit or conduct
:" Ciectons in those cities, or howsoeSer
they may conduct theInselyls IN the H. |
ture. This election pf 1876 will stand as |
4 peANpeqt ct what good faith, honest
andeayor, legal forms and Just authority |
may do for protection Of tho electoral |
franchise This bin TaoegiSes the author
ty and duty Of tho United States to
appoint supervisors to guard and scruti-
nize congressional elections but it denies
70 the government of the United States
vi power to make its supervision effectual.
The great body of the people of all
parties want free and fair elections. They
10 not think that a free election means
reedom from Wholesome restraints Of law,
)r that the placp Of an election should be
/ sanctuary for lawessness and crime. On
he day Of an election peace and good
rider are more necessary than on any
'ther day Of the year. On that day the |
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