The Worthington advance., 1879-06-05

tho habit of, without any authority of law in
order to prevent their opponents from takiae
ynfair advantage. The object of the bill il to
deatroy any control whatever Of; the United
States over Congressional elections.
CONSTITUTIONAL PROVISIONS. "a! -
The passage Of this bill has been urged 'upon
the ground that the election of membets Of
Congress lial, = matter which concerns Staten
alonei that these elections, should be ccntrol-
edkexolusiyely, BY the States; that there
are and can be no such elec-
tons a national elections; and. that
ing Congressional elections is without warrant
N, TIE constitution. It is evident, however,
that the trainers of the constitution regarded
the election of members Of Congress in every
State and! in every district, "a q matter of po-
iltleal interest and concern to the whole coun-
try. The original proposition of the constituu-
ton on this subject is ~ follows: -, -,
Section 4, article l. The times, places and
manner of holding elections for Senators and
Representatives shall be prescribed in each
State by the Legislature thereof, but Congress
may at any time by law make or alter such
regulations except as to the place Of choosing
A further provision has been since added
which is embraced in the fifteenth amendment.
It is Is follows: 80:
Section l. The right Of citizens Of the Unit
ed States to vote shall not be denied or
abridged by the United States or by any, State
on account OF race or color or previous condi.
| ton of hervitude.
Section 2. The Congress shall have power
| to enforce this article by appropriate iegisla-
| tion. = -
NATIONAL AUTHORITY.
Under the general provisions of the constit,-
ton, section article l, Congress in 1866 passed
! comprehensive law which prescribed full and
detailed regulations for the election Of Senators
by the legislatures of the several States. This
law has been in force almost thirteen years. In
pursuance of it all of the members of the
present Senate Of the United States hold their
seats. Its constitutionality is not called IN
question It. is confidently believed that no
| souno argument can be made in support of the
constitutionality of national regulation of the
Senatorial elections which will not show that
the election of members of the House of Rep
| resentatlves may not also be c1hstitutionaliy
regulat ed by the national authofity.' The biif'
! before me itself recognizes the principles that
| the Congressional elections are not State cleo
tions, but national elections. It leaves in full
force the existing statutes under which SUPER
visors are still TO be appointed by national au-
! thority to observe and witness Congressional
elections, wherever due application hsmade by
citizens who desire said elections to be guard.
| ed and scrutinized.' If there is power to su-
| pervise in any respect whatever the Congress
slonal elections it exists under section article
l of the constitution. It is power which, like
| any other power belonging to the government
| of the United States is paramount and SUI
pre1ue, and includes the right to employ the
| necessary means to carry it into effect.
| The statutes IF the United Statewllic hregu-
| late the election Of members of the House of
/ Representatives., an essential part of which it
| 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 1915 Numerous prosecutions, trials and
convictions have been had in courts of the
United States in all parts of the Union for vio-
| lati IN of these laws. In no reported case has
| their constitntionality b. Ell 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.
WHY PASSED.
| Ii it is urged that the United States election
! laws are not necessary, an ample reply is fur,
nshed by the history of their origin and their
| results. They were especially prompted by the
investigation and exposure of frauds COM
| mitted in the city and State OF New York at
the elections of 1868. Commissioners repre-
! senting both Of the leading political parties of
| the country have submitted reports to the
House of Representatives on the extent of
| these frauds. A committee of the fortieth
Congress, after full investigation
! reached the conclusion that the number of
fraudulent votes cast in tho city of New
| York alone in 1868 was not less than rs, 600.
committee of the forty-fourth Congress in
| their report submitted in 1877, adopted the
| opinion that for every 100 electoral voters of
! the city of New York ia 1868, one hundred and
eighty-eight votes We're cast, when, in fact, the
| number of lawful votes cast could not have
exceeded IS per cent. of the actual voters of
the city. By this statement the number of
fraudulent voters at that election in the city
Ut New York alole was between thirty and
forty thousand. These frauds completely re-
versed the result of the election in the State
| of New York, both as to choice of government
and State officers, and rs to the choice of cleo
tion Of President and Vice President of the
United States. They attracted the attention Of
the whole country. 1t was plain that if they.
| could be continued and repeated with impunity
! free government was impossible. A distin-
gulshed Senator, in opposing the passage of the
election laws, declared he had for a long time
believed that our form of government was a
i comparative failure in the larger cities. To
meet these evils and to prevent these crimes
| the United States laws regulating Congressional
elections were enacted.
THE RESULT.
The trainers of these laws have not been dis
appointed in their results. In the large cities,
under these provisions, the elections have been
comparatively peaceable, orderly and honest.
Even the opponents of these laws have borne
testimony to their value and efficiency and to
mittee Of the forty-fourth Congress composed
of members, majority of whom were opposed
to these laws, in their report on the New York
elections of 1876, said: 1.-The committee would
commend to other portions of the country and
to other cities this remarkable system devel-
oped through the agency of both local and fed
eral authorities, acting in harmony for an hon
est purpose. In no portion of the world and
in no era of time where there has heen an ex-
preston of the popular will through the forms
of law, has there been more complete and
thorough illustration of republican institu-
taons. Whatever may have been the previous
habit or conduct of elections in these citiea or
however they may conduct themselves in the
future. this election of 1876 will stand as a
moment of what good faith honest endeavor,
legal forms and just authority do for the ro-
lection Of the electoral franchise
WHAT THE PEOPLE DEMAND.
This bill recognizes the authority and duty
OF the United States to appoint supervisors to
guard and .scrutinize Congressional elections,
but it denies to the government of the United
states all power to make its supervision effec-
tual:: The great budy of the people of all par
ties want free and fair elections. They do not
think that 1ree election means freedom from
the wholesome restraints of law, or that the
place of an election should be a sanctuary for
lawlessness and crime On the day of an elec-
tion peace and good order are more necessary
| than on any other day of the year. On that
day the humblest and feeblest citizen, the
aged and infrm. should be, and should have
| reason to feel that they safe in the exercise
of this most responsible duty. and their most
! sacred right as members of society-their duty
! and their right to vote.
The constitutional authority to regulate Con-
| gressional elections, which belongs to the gov
ernment Of the United States, and which it is
necessary to exert to secure the right to vote to
| every citizen possessing the requisite qualifca-
tions, ought to be enforced by appropriate
legislation. So far from public opinion in
any part Of the country favoring any relaxa-
ton of the authority of government in pro-
lection of elections from violence and corrup-
tion, believe it demands greater vigor, both
in the enactment and in the execution of the
laws framed for that purpose.
Any opposition, any partisan partiality
which experience may have shown in the work
Of existing laws will engage the careful atteein.
ton both Of Congress and of the executive in
their respective spheres of duty, for the cor
rcction vi these mischiefs. As no Congressional