Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-08-16
Weeklg gatellieenfer.
OFFICIAL COUNTY PAPER.
SPEECH OF HON. FRANK HURD OF
OHIO,

MI ASA4 VI AS4s 0SASO
OHIO, .
In the House of Representative
Friday, June eth, 1879.
The house being III committee
the whole aud having under cOnside
alton the bill Oh. r. No. 23S2) makil
appropriation to pay the fees of th
United States marshals and their gel
eral deputies
Mr.. Hurd said:
MIR. Chairman : A session of UNI
sual excitement appears to he draw
ing to a close. Questions Of til
greatest Interests 10 the people of th
United States have been from tn
first day until now the subject G
discussion, and iL seems \ prope
thing at its termination to INCUR
Into the result of It, aud lnquir
whether Or not the action of the ma
jority of this House meets with til
approval of tue American people.
My colleague from Ohio. (Mr
Gartield) who has just taken his sea
has seen tit lin answer to the position
which have been maintained by III,
democratic party in the progress O
the argument, to enter upon a disqui
sition as TO the nature of the Fedora
Government and the relations OF lhs
states to that government under the
constitution winch they created
Never in all my studies of the political
debates which have taken place in the
congress of the United States have !
heard such views of consolidation
advanced as have been suggested to-
day by that gentleman.
He advanced the extraordinary
proposition that the union preceded
the states, when the seventh article
of the constitution declares:
"The ratification of the conven-
tons of nine states shall be sufficient
for the establishment OF this consti-
tuition between the states so ratifyiug
the same"
applause on the democratic side
of the house.)
But in order that all doubt might be
removed upon the subject, that the
constitution aud the union Was the
creature of the states, it was declared
III the tenth amendmentIof the consti-
tuition:
"The powers not delegated to the
United States by the Constitution, nor
prohibited by it to the states, are re-
served to the states respectively, or
to the people,"
Nor is the opinion of the highest
Judicial tribunal in this country
wanting upon this proposition. In
the case of Lane county vs.. Oregon.
the following is the decision of Chief. |
Justice Chase, to be found on page
rs of z Wallace:
1.-The people of the United States
constitute Il nation. under one gov
ernment, aud this government within
the scope Of the powers with which
it is invested is supreme. On tile
hand the people of each state
compose a state having its W gov
aud endowed with all the
functions essential to separate and
independent existence. The state
Nsunated might continue to erist.
Without the states In union there
ould be no such political body as the
States"
But, Mr.. Chairman, for the pur-
'ose Of the present discussion it is
OF necessary to enter into elaborate
consideration of the doctrine of state
lights or the powers of the federal
1t is sufficient for the |
ill now under consideration that we
lould inquire as to whether it is
thin the scope and the powers of
edera government to pass laws
Interfere with elections in the a
ates, and only SO far as this ques-
on is involved do l propose to dis '
1873 the doctrine Of state Fights at all. O
At the beginning of this sessionsof t
'ngress the democratic party de- h
AIRED three propositions. We in-
t hat the army should be kept C
way from the polls ; that the test &
lfh should be repealed, and that T
VS. should be enacted for the i'm p
'rtial drawing of jurors; and that IL
g federal government should not 81
.erclse authority over elections held IL
thin the states. We insisted and g
that because of and by re
rtue of the constitutional proyis-"
Il that the house of representatives tt
)ne shall originate money bills the e.
presentatives of the people had the tc
INT to Insist that the grievances nj q
aich they complained should he de
medied before appronriations 81
ouia De made for'the support of the gi
u the discussion which has contin- be
u tor three mouths, ohe of the most
nest and able that. has ever occur hi
! III an American congress, the OF
lnocratic party has maintained 10.
'se propositions. 1t is not neces- 10,
y to enter into the details of the pc
'ument 1t 10 sufficient tor my pur. gu
to briefly recapitulate them. Pl
sald that the measures to which ca
objected were Unconstitutional. sts
sald that there was no such ner, tn
as a voter of the United States as Gu
N; that every man who had n les
MT TO vote had it because of stata of
norlty and under state laws. and so
t therefore the federal govern ]
ut, not creating the voter had no int
yer to Interfere with him in the ide
rclse OF his rights of franchise. bu
Ie insisted that under the laws of
hey now stand, there is no snch tia
ig as a national election : that nm I'm
the provisions of the constitution in
order that there should be a na- or
al election it was Fundamental an,
congress should fix the niaces
and manner of holding such vet
In that event there might tina
national election, but that is moi do,
case, for in every instance the we
Is, places, and manner of holding not
ions are fixed by the constitu. day
anu the laws of the states. ex. yea
IN a single instance as to the pos
}. The states having exercised Iod
'er upon the subject there is M upc
sion for the exercise of power hv a
itea states, aud to say that the vici
Gu otates ana each state at the triU
. Time possesses the power of fix. Ii
ne time, place, and manner ofhold. to
is to say that Two SOW. arm
shties possess the power TO do nse,
'ame thing at the same time ON fort
same subJect-mattsr, which ia arm
1 an a%bsurdity. We maintain "a the
le army that it being a creature fort
ongress it has no power to be it's ,
IN the limits Of the SOVEREIGN will
q except as the constitution of boo
Jnitea states provides, and then use
LOT LOT Tue purpose of suppressing to
estlc insurrection or repelIins the
armed enemies of the United tive
Il then only at the request Graf
~ legislature thereof, or the ex-
We Oh the state if the legislature otht
Dt in session. her
ore than that. We have referred of Il
OF the supreme court of this
mica States approving all these reese
uOsltIOns and daclo.;,1 81 -,