New-York tribune., 1879-03-10
NATIONAL ELECTION LAWS.

IN REDUCING BEPEATING AND ILLEGAL NATUR-
ALIZATION.
To he Edttor OF The Tribune.
SIR: | observe that in the recent debates in
Congress upon the proposition 70 repeal the Ma
tiOnal election laws some Of the Democratic men,
bers claimed that those laws were enacted ms riders
to an appropriation BILL wherefore 1t was ar
gled that the majority in the House
justified in their attempt to strike them
from the statute book by q like addenda
to similar bill. Since the adjournment
of Congress, tins claim has been reiterated by
prominent public men and influential journals
without, so far "a my observation has extended,
being denied. Daring the past week The ketc- York
Sun has twice repeated the charge with great
plcitness. On March It saidi This system (of
Federal election Supervisory was not created
through the enactment Of aD independent statute.
The question Of its establishment was never broadly
discussed and fairly determined by Congress" On
March il Observed his system Of Federal Su-
peryisors was imposed upon the country as a rider
to an appropriation bill in 1872; it is fitting that it
should be abolished by rider to an appropriation
bill in 1872
Where ignorance is bliss" it is SAID to be "folly
to be wise.' but l respectfully submit that in view
oi the facts such statements are neither fair nor
honest. and such ignorance Is so clearly without
excuse as to render the legislators and journals who
make the charge open to the suspicion of endeavor-
lnG to mslcad that public whom they represent or
for whom they claim to "shine."
Tho first National election law was bill of twen-
ty-three sections entitled An act to enforce the
rights Of citizens of the United States to vote in the
several States of this Union, and for other pur-
poses" 1t was approved May 81, 1870 aud was
known as Chapter III of the laws of the second
session of the XIIst Congress. (See page 14O vol.
lO, L. 5. Statutes at LargeJ
PENALTIES FOR ILLEGAL VOTING.
Ihis act made illegal registration or voting at
| elections at which members Of Congress were
chosen national offence and was in the main a
penal statute 1t was followed SIX weeks lator, by
an act Of seven scctions entitled "An act to amend
the naturalization laws and to punish crimes
against the same, and for other purposes" ap-
proved July II, 1870, and known as
CHAPTER 254 of the laws of the same session. [Seo
page 2Jl, Vol. 1G. L. 5. Statutes at Large.l Sec
lions and G Of this act provided for the appoint
mcnt of Supervisors and Special Deputy Marshals
in all cities having 10000 Inhabitants and at
the election Of 1870 such officers were ap-
pointed and served, and the two statutes
] have referred to were enforced. Il was
found. however, that Section Of the later
act, which provided for the appointment of Super
visors, aud which, with Section g, had been added
to the bill while upon its passage in the Senate was
crude incOngTu0us and defective in It's provisions
III that it only conferred upon the Supervisors the
right to be present at the polls witnesses OF
watchers" Grave doubts of lis constitutonality
also arose as under its provisions the Supervisors
were to be appointed by the United States Circuit
Judge IN each circuit. Section o article 2, of the
National Constitution declares that all officers,
whose appointments not in that instrument
otherwise provided for shall be made by the
President, by and with the advice and consent of
the Senate; but the Congress may by law
vest the appointment Of such inferior officers,
as they think proper, in the President alone,
in the courts Of law, or in the heads of
departments" The great distinction between the
act Of she court and The acs of judge need not be
dwelt upon.
TnE BILL TO SECURE HONEST ELECTIONS.
To overcome this constitutional difjcuty as well
to provide efficient measures for the enforce
| ment of the Act of May 81, 1870, was requested
by the Union League Club of this city to draft an
amendatory act which should provide for the ap-
pontment Of Supervisors Of Elections by the
several Circuit Courts, whenever they were needed
in cities Of over twenty thousand inhabitants as
well for the appointment Of special deputy mar
shals, and which should clearly define the nights,
powers aud duties of all such officers. ! prepared
snch bill, containing some twenty sections aud
the same vas introduced in the House of Represent
tstives on January ., 1871 by Judge Churchill. of
this State 1t was referred T. the Judiciary Com
mittce by whom it was caIof fully considered, and
the Gth Of February, 1871, was reported 10 the
House by the chairman Of that commIttee-Judgc
Bugham-who stated that on the following Mon
day February 13j be would bring it to the atten-
ton of the House and press its passage.
On the day nnounced-Fcbruary 13-tho bill
was called up. when o general desire was expressed
for somewhat extended debatc wher,upon IT was
made a special order for Wednesday. February L.
Immediately after the reading of the journal
At that time the fullest opportunity for debate and
amendment was Afforded the only limitations be-
ing the requirement that speeches should not De
longer than thirty minutes each. and that a vote
should be taken at 1 o'clock.
FULL DISCUSSION or THE BILL
Me5sr- EldndCe If Wisconsin Cox. Potter and
Mayham. Of Now-YoIk; Woodward and Stiles, of
Pennsylvania; Kerr and voorhees,. Of indiana; and
Axtell, of California, the part Of he Democrats
and Messrs. Churchill of New-York: Bingham and
Lawrence of Ohio: Maynard, of Tennessee; Farms
worth Logan aud Cook. of Illinois, and Flnkeln-
burg, of Missouri on behalf of the Republicans par
ticlpated in the debate See pages 1,27l to 1855,
part II, CongrcoSiOaU Globe, Third Session, XLlst
Congress.
The bill, somewhat amended, was then passed anu
sent to the Senate, before which body it came up
for action the 9th Of February. lt was there
debated for more than thirteen hours, twenty-hree
different amendments being proposed, and all the
prominent Democratic Senator'S taxing an active
part III the ds,1l'sion Senators }ayard, OF Della
ware Hamilton, Of Texas Snd Fckers, OF Mary land,
addf s,ed the Senate four times each; senator john
4tnu Of Virginia, three times; senators oauhDuly,
of Delaware Joshna HILL ofOtorgil, Frank Blair,
Of Missouri, and Fowler, of tennessee once each
and Senator Thurman, of Ohio seven times while
senator Cassery of California, spoke the bill on
r,cycn distinct and separate occasions. iS,c PAGES
1G}3 to 1,Gjj, Parts and 3, Congressional
I,Iobf third -es,on NII-t Congress