Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-06-04

States, which was enacted for the protection Of
the United States officers engaged In the dis
charge Of their duties mt the Congressional cleo
tions. This section protects supervisors and
| marshals In the performance Of their duties by
| making the obstruction or the assaulting Of these
officers or any interference with them, by bribery
or solicitation or otherwise, crimes against the
| United States
The true meaning and effect Of the proposed
legislation are plain. The supervisors, with the
authority to observe and witness the proceedings
Mt the Congressional elections, will be left; but
there will be no power to protect them or TO pre-
vent interference with their duties, or TO punish
any violation Of the law from which their powers
are derived
II this bill IL approved only the shadow OF the
authority Of the United States at the national
elections will remain the substance will he gone.
The supervision Of the elections will be reduced
| to mere inspection, without authority on the
part OF the supervisors to do any act whatever to
make the election fair one. All that will be left
to the supervisors is the permission TO have such
oversight OF the elections as political parties are
| In the habit Of exercising, without any authority
OF law in order tn prevent their opponents from
| obtaining unfair advantages. The object Of the
| Dill Is to destroy any control whatever by the
United States over the Congressional elections.
The passage OF this bill has been urged upon
| the ground that the election Of members OF Con-
| gress is matter which concerns the states alone
that these elections should be controlled exclu-
svely by the states; that there are and can be no
such elections as national elections, and that the
| existing law Of the United States regulating the
Congressional elections Is without warrant in the
| constitution.
1t IL evident however, that the trainers Of the
| Constitution regarded the election OF members OF
Congress In every state and In every district as In
| a very important sense justly matter OF political
| interest and concern to the whole country. The
original provision OF the Constitution on this sub
| ject is as follows:
sKeIlos 4 AnrIcLE 1.-The times. places. and manner
Of holding elections for senators and representative shall
the Congress may at any tmt by law make alter such
regulations, except as Ia the place of choosing Senator's
| A further provision has been since added which
| Is embraced in the Fifteenth amendment. IL Is
| as follows
sEcfloS THE right Of citizens q the United States to
vote shall not be denied abridged by the United States
dition Of servtude.
SECTION 2Congress shall have power 10 enforce this
| article by appropriate legislation.
Under the general provisions OF the constitution
(section A. article y, Congress, In 1866, passed
| comprehensive law which prescribed full and de-
tailed regulations Tor the election of Senators by
| the legislatures OF the several states This law
| has been In force almost thirteen years.
| In pursuance OF 1t all Of the members Of the
present Senate Of the United States hold their
seats. Its constitutionality Is not called In ques
ton. 1t is confidently believed that no sound ar
| gument can be made in support of the constitu-
tionaity Of national regulation of Senatorial cleo
tons which will not show that elections Of mem
bers of the House OF Representatives may also be
| constitutionally regulated by the national au-
| thority.
The bill before me itself recognizes the prn-
| cple that the Congressional elections are not
| state elections but national elections. II leaves
in full force the existing statute under which SUI
| pervisors are still to be appointed by national au-
| thority to observe and witness " the Congress-
ional elections whenever due application is made
| by citizens who desire said elections to be
"guarded and scrutinized."
| II the power TO supervise in any respect what
| ever the Congressional elections exists under
section T. article !, Of the Constitution, 1t il a
tyhi fhar hala s,tpsr
to the government OF the United States, Is para
mount and supreme, and includes the right to
employ the necessary means to carry II into effect
The statutes of the United States which regu-
| late the election OF members of the House Of
Representatives, an essential part of which 1t is
proposed to repeal by this bill have been in force
about eight years. Four Congressional elections
| have been held under them, two OF which were
| at the Presidential elections Of 1872 and 1876.
| Numerous prosecutions, trials, and convictions
have been had in the courts Of the United States
| in all parts Of the Union for violations Of these
laws. In no reported case has their constitutions
atty been called in question by any Judge OF the
| courts OF the United States The validity Of these
laws is sustained by the uniform course of judicial
| action and opinion.
fit is urged that the United States election
| laws are not necessary, an ample reply Is fur
nished by the history OF their origin and OF their
| results They were especially promoted by the
investigation and exposure of the frauds COM
| mitted in the city and state of New York at the
elections Of 1873. Committees representing both
OF the leading political parties Of the country
have submitted reports to the House of Represen-
| tatives on the extent OF those frauds
| committee Of the Fortieth Congress, after a
full investigation reached the conclusion that the
| number OF fraudulent votes cast in the city OF
New York alone in 1868 was not less than %, 900.
A 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 were cast, when, in fact, the number
OF lawful votes cast could not have exceeded
lightweight per cent of the actual voters OF the
| city. BY this statement the number Of fraudu-
lent votes ut that election in the city Of New York
alone was between 1000 and 1000.
These frauds completely reversed the result OF
the election in the state OF New York, both as to
the choice of governor and state officers, and a.
to the choice Of electors Of President and Vice
President Of the United States. They attracted
the attention OF the whole country 1t was plain
that II they could be continued and repeated with
impunity, free government WAS impossible. A
distinguished Senator, in opposing the passage OF
the election laws, declared that he had for a long
time believed that our form of government was a
comparative failure in the large cities To meet
these evils, and to prevent these crimes, the
United States laws regulating Congressional cleo
tons were enacted
The trainers OF these laws have not been disap-
pointed in their results. In the large cities under
their provisions the elections have been compar.
atiyely peaceable. orderly and honest Even the
opponents OF these laws have borne testimony "
their value and efficiency, and to the necessity
for their enactment. The committee OF the Forty
fourth Congress, composed OF members major
ity OF whom were opposed To these laws, in theiI
report Of the New York election OF 1876 said:
The committee would commend other portions of tn,
country, and to other cities this remarkable system de
veloped through the agency of both local and Fedora
no portion Of the world and IN where Their,
has been an expression Of the popular VIII through h'
Illustration Of Republican Institutions. Whatever may
the future, this election Of sis viii stand forth
Just authority may do for the protection OF the electoral
franchise.
This bill recognizes the authority and duty oil
the United States To appoint supervisors 10 guard
| and scrutnze the Congressional elections, but il
| denies to the government OF the United States al
power u make Its supervision eiiectnal. The
great body Of the people OF all parties want free
and fair elections They do not think that a free
election means freedom from the wholesome re-
straints of law, or that the place OF an election
should be a sanctuary for lawlessness and crime
ON the day of an election peace and good order
are more necessary than on any other day of the
year. On that day the humblest and feeblesi
citizens the aged and the infirm should be and
should have reason to feel that they are safe in
the exercise OF their most responsible duty and
their most sacred right ~ members OF society
| their duty and their right to vote.
| The constitutional authority to regulate the Con
gressional elections which belongs to the govern
ment of the United States, and which 1t is neces-
sary To exert to secure the right IN vote to every
citizen possessing the requisite qualification. ought
to be enforced by appropriate legislation.
So far from public opinion in any part OF the
| country favoring any relaxation of the authority
OF the government in the protection OF elections
from violence and corruption, lbelieye 1t demands
| greater vigor both in the enactment and in the
| execution OF laws framed for that purpose Amy
oppression, any partisan Partially which expert
ence may have shown in the working Of existing
laws may well engage the careful attention both
of Congress and Of the Executive in their respec-
tive spheres OF duty for the correction Of these
mischiefs As no Congressional elections occur
| until after the regular session OF Congress will have
been held, there seems to be public exigency
that would preclude a seasonable consideration al
that session Of any administrative details that
might improve the present methods designed fol
the protection of all citizens in the complete and
equal exercise Of the right and power OF the sui
frage at such elections.
| But with my views both OF the constitutonality
and Of the value of the existing laws, cannot
| approve any measure for their repeal except IN
connection with the enactment of other Legislation
which may reasonably be expected to afford
wiser and more efficient safeguards for free and
| honest Congressional elections.
RUTHERFORD Is. HAYES
Executive Mansion May 20, 1879
The House refused TO pass the Legislative
appropriation bill over the Presidents vetc
yeas one hundred and thirteen, nays ninety