The daily gazette., 1879-04-02
SECOND EDITION
Federal Election Omcers.
The Debate In the House on Monday
Speech of Mr.. Hurd.

The Debate In the House on Monday
Speech of Mr.. Hurd.
Mr.. Hurd, (dem.) Of Ohio, then ad-
dressed the House. He commenced by
quoting the provision of the constitution
that all bills for raising revenue sh all
originate IN the House of Representatives.
He then sketched the history of this
question In the last Congress, and said
that he proposed to show that the House
was right IN the position that it took
last session, and that it WIS right in the
position which it took now. If anything
had been settled by legislation of the
last quarter century it was that general
legislation itself might be attached to ap-
preparation bills, and certainly no one
would dispute the proposition that
| measures in regard to economy and
bearing on the revenue were required to
| be originated in the House. The House
was right in in-isting that these obj-c-
| able measures should be revealed. He
8 ould not speak to-day of the Test Oath
bull, but only Of the two measures that
relate TO elections, because they were
governed by the same principle, and both
| must bettled by the same const tutional
doctrine. The House insisted hat the
law should be amended so as to prohibit
the use of troops at the polls, and so
that supervisors of elections (appointed
by federal authority should no longer
possess their present power, and that
there should be repeal of all statutes
comforting on United States officers the
power 10 interfere with or regulate State
e ections. The House was right in that
demana; first, because these provis' ons of
law were unconstitutional. They inter-
feIed with the right of suffrage and with
| the State laws. The second of the con-
sttution declared that the House should
be composed of members chosen by the
people of the several States, and that
| the electors should have the qualifica-
i tions requisite for electors OF the most
numerous branch of a State Legislature
| that determined the qualifications of
electors, and not the constitution of the
United States. There was no such thing
as the right of suffrage for citizen of
the United States. The right of suffrage
was possessed and enjoyed under the
laws of the States expressly recognized
by the fundamental laws of the land.
The Supreme Court had recently so
decided. On what theory, then, does
] this legislation rest.
On what theory did the government
send troops to the polls at State elections ?
Only on the theory that the right of suf-
frage was right guaranteed by the con-
stitution of the United States, and that it
| was the business of Congress to protect
that right.
He had shown, however, ny the ex-
press phraseology of the constitution and
by the decision of the Supreme Court,
| that no such right did exist under the
constitution, and, therefore, the conse.
queEce was inevitable aud irresistible
that any legislation on the subject was
unconstitutional. He alluded 10 the fact
| that the measures which it was proposed
/ to repeal were from their very nature
dangerous and destructive to civil iber-
| to, and said all his history is full of mean
ing on this subject. No republic has
ever gone into its grave save through
military interference. Shall we escape
| the force and application of universal
| rule? Is power less sweet, are rules
| more sacred, is liberty more secure that
we can dare without harm to tamper
| with the danger that has wrought ruin
! everywhere before? From lands where
republics have perished, where monar-
| from lands where the contest for liberty
| is now going on all over the world, from
lands where the shadow of despotism
| overturna every household and compels
| the citizen to seek shelter in foreign
lands, helpless to free himself at home,
there come the solemn notes of warning
against military interference. From the
presence of troops at the polls to the con-
| troll of elections by the troops is single
step, and in that sep free elections fall
and free elections are the originators OF
| the power of free government. Troops
at the polls means intimidation of the vo'
ters. They mean the substitution of the
bayOnet for the ballot-the encroach-
ment of the COmmander-in-chie on the
domain of the President. l was astound-
ed, and regretted to hear from the other
side arguments in favor of the use of the
army, but my regret is lost in joy when
| recollect that the party of the army has
| not any power in this Congress. ZAP
plause on the democratic side.)
1t has been said that it means revolu-
| ton for us to pass these bills as we pro-
| ernment has not the House originated
appropriation bills? Has it not been
comp petent to pass bill repeating law
on the statute books? The only question
is whether we can make repeal on the
Appropriation bill. Revolution to pass
! an appropriation Dill? Revolution TO
| repeal an Objectionable statute? No.
In the exercise of the inherent constitu-
tional power the House does all this. If
| there be revolution, lit is IN the suggestion
| which has come from the gentleman from
Ohio Mr.. Garheld). If there be revo-
| luton, it is in the suggestions which
have come from others of the distinguish
| ed leaders of the republican party in this
House. 1t is revolutionary against every
theory of the constitution, to the over
throwal absolutely of that instrument,
for membe of this House, to be an in
| innate friend of the President or not, to
threaten the House with veto from the
President if you dare to do right. zap
plause on the democratic side,D | do not
believe that the majority of this House
will be intimidated from its duty by a
| threat of the President, much less by the
| threat of President whose title to office
is so doubtful and whose tenure OF office
is yet so uncertain. Applause on the
democratic side, followed by derisive
laughter on the republican side, and cries
| of "eXplain."
Mr.. Mcmahon, (dem.) of ofohio-Rathel
clear, isn't it?
| Mr.. Hurd proceeded to speak about
the consti utional right granted to the
House of Representatives to originate
appropriation bills and he concluded as
follows -
81 do not know even what will be the
action of the House on this bill. 1 Ger
| taiuly do not know what will be the ac