The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-06-06

y
~ Section article /. "The times, pli
ccs and manner of holding elections fC
senators and representatives shall b
prescribed in each state by the legisl,
i'll ture thereof, but the Congress may, Q
is any time, by law, make or alter sue
l. regulations, except as TO the places G
~ choosing senator's" A further provis
D, tion has been since added, which is en-
3 braccd in the fifteenth amendment.
5, is as follows:
= Sec. /. The right of citizens of tn
United States to vote shall not be dc
y MED or abridged by United States o
J. by any state on account of race, colo
C or previous condition of servitude.
: Sec. ,. Congress shall have power
i to enforce this article by appropriat,
f legislation.
p Under the general provision of th,
4 Constitution (scc. art. y Congress il
: 1866 passed a comprehensive law whicl
l prescribed full and detailed regulations
RI for the election of senators by the leg.
] islatures of the several states. This
law has been in force almost thirteen
years. In pursuance of il all of the
} members of the present senate of the
: United States hold their seats. Its con-
stitutionality is not called in question.
( IL is confidently believed that no sound
argument can be made in support of the
colstitutlonality OF national regulation
OF senatorial elections which will not
snow that elections of members of the
House OF Representatives may also be
constitutionally regulated by the ma
uonal authority. The bill before me it.
self recognizes the principle that the
Congressional elections are not state
elections but national elections. Ii
leaves III full force the existing statutes
hhuer which supervisors are still to be
appointed by national authority to sob
serve and witness the Congressional
elections whenever due application is
uiauc ny cltizchs VINO desire such cleo
If thc no,vor 10 Snnorv;so IN an,, ,'oaou ,.oa,
wbatcvcr tho Eon~ross;onoI o,ao,ip"
exists nnJer scc,;on 4 article of liz
Cons.itution :, ;S n nowor ,uh;oh ,;ii ,'e
every nthar nowar ho,ono;nn - IN th
Govern,nnnt IF ,ha Ifn;,n5 'He
paramount and sunreme' and incIndas
The RIGHT to cmnlov the neccssorv mean
TO carry if into effect.
The stotutes of tbe Irnited Stotos
which regulate the election Of members
of the Uonse of Renresentatives On os
sential mart of which if ia n-onosod 70
repcal by this bilI have been in forco
about EIGHT wears. Fonr Congress;onaI
elections have henn boId nndcr tho,n
two of which wern or tbe pros;Jont;o,
elections nf 1879 aud 1910 Nnmo,o"a
prosecutions. trials and convictions
have been had in the courts of tho I'M.
ted States in ali norts of tho irnion e.,
violations of those Iowe
In no renorted case has tbo;r cons,;-
tutionolitv bcen called in nmos,;on h,
any iudpc of thc conrts of ihe Initial
States. The validity of these l.ws il
sustained bv the ,mitorn course of in
dicial action and oninion
xrcrss,r,. o, ,r,,,,
,s.' VI LIE rih'i"N LAWS
III IL Is arSed That the United States
eicctioii laws are not necessary, an am
pc reply is furnished by the history OF
'heir origin ana OF their results. They
were especially prompted by the inves-
li9atloii ana exposure OF the frauds
committed in the city and state of New
ork at the elections of 1868. Commit
tees representing both of the leading
political parties of the country have
submitted reports TO the House of Rep
resentauves, on the extent of these
frauds. a committee of the Forticth
Congress, after 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 10000. A committee of the 44th
Congress, III their report submitted in
1871, adopted the opinion that for every
one hundred actual voters in 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 SS per cent. of the actual
voters 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 thousand.
These frauds completely reversed the
result of the election in the state ofl
New York both as to the choice of gov
ernor and state officers and as to the
choice of elections of president and
vice-president of the United States.
They attracted the attention of the
whole country. 1t was plain that il
they could be continued and repeated
with impunity free government was
impossible.
A distinguished senator, i'm opposing
the passage of the election laws, de-
clarcd that he had "for long time be-
lieved that our form ofgovcrnmeht was
a comparative failure in the larger cit
ies." TO meet these evils, and to pre-
vent these crimes, the United States
laws regulating Congressional elections
were enacted. The trainers of these
laws have not been disappointed in
their results. In the large cities, under
tnclf provisions, the electlOnS nave been
honest. Even the opponcnts of these
laws have borne testimony TO their val
ne and efficiency and TO the necessity
for their enactment. The COMMITTEES
of the Fortv-fourtb Congress. comnosed
of members majority of whom were
opposed 10 these laws. in their report
on lhe New York election of 1876. said:
.rThe Commiftee wonId commend to