The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-15
THE IOWA AND COLORADO CONGRESS
MEN,

| The New York Herald declares very plainly
that the Republican project Of taking advan-
tage of the Illness OF several Democratic
| members OF Congress to organize the House
and elect Garfield Speaker would be most
disreputable piece Of business, which, In the
end, would rebound to the great dishonor and
injury OF the Republican party. The Herald
very correctly holds that the organization OF
the House belongs OF right to the Democrats,
and that any resort to revolu-
tionary violence, such as has been
suggested In the arrest OF number
of Southern Democrats under the election
laws. or any sharp practice In taking advan-
tage OF the illness or otherwise unavoidable
absence of other members, would, besides re-
| necting great discredIt on the Republican
party. do 1t practically more harm than good.
with Democratic majority In both Houses,
the positions OF Wheeler In the Senate and
Republican Speaker In the House could be
rendered excessively disagreeable, while the
| hostility of the Senate In the distribution OF
executive appointments Ia what Hayes will
not at oil desire to incur.
These are very virtuous and amiable SEN
| timents in the abstract, yet we feel quite as
sured that they would have but slight consi-
| deration from the Republicans should the OPP
| portunity offer, OF obtaining the advantage,
| the use of which the Herald so earnes thy
deprecates But we really see no reason for
any such apprehensions. Even II all the ac-
cidents counted on by the Republicans should
| happen, and they should succeed In their In
famous project Of arrestiDg the six Southern
/ members marked out for persecution under
the election laws there would yet be no cause
for solicitude. There is every reason to believe
that there has been no legal election In two
States, Iowa and Colorado, and that seven
Republicans accredited from the former,
and one from the latter, are not entitled to
seats on the floor OF the House Of Represen-
tatives. or even to be placed on Its roll and
allowed to participate In Its organization. In
view of the fact that the just expired Con-
gress passed upon the very question raised In
regard to tho legality Of the elections In
these States, we do not see how, under any
circumstances, the Clerk OF the House can
place these eight Republicans on his roll.
The grounds upon which the illegality Of the
elections In Iowa and Colorado is urged are
that that they were held in October, while
| law Of Congress, applicable In both States,
requires that the elections for members OF
Congress shall occur on the Tuesday follow
ing the first Monday in November.
The law OF the case Is certainly very plain
and concise and It's enactment by Congress
was authorized by provision of the Federal
constitution which can possibly admit OF but
one Interpretation.
| The first paragraph OF section Of the con-
1 " hn mi ai al
1 lows:
| elections for Senators and Representatives
shall be prescribed In each State by the Legis-
laure thereof bur the Congress may at any
| time by law make or alter such regulations, ex-
! cept as to the place OF choosing Senators.
In the exercise of a plainly delegated power
Congress passed an act In 1873, In which the
following provision Is to be found, and 1t is
about the only constitutional enactment con-
tanned Ia the entire law:
| SEC 25 The Tuesday next after the lrst Mon
day in November, in the year 1876 is established
Of the United States for the election Of repre-
| s-Dtatves and delegates to the Forty fifth
Congress; and the Tuesday next after the first
| Monday In November, In every second year
| thereafter. Is established as the day for the
| election in each Of said States and Territories.
| of repf esentatives and delegates to the Con-
gress commf ncing on the fourth day Of March
| next thereafter
The application OF this proposition at this
time would be peculiarly appropriate, since 1t
would afford the Democratic Congress an op-
portunity OF giving the fullest effect, within
legal limitations, to the Identical clause Of the
constitution upon which the obnoxious cleo
ton laws are based and under which the Re-
publicans are contending for the Ubiquitous
principle OF Federal supervision and control
1 4ha fro Thppa "a n "a n
doubt OF the right of Congress to prescribe
the time of holding congressional elections.
and, though there may be grave objections to
its exercise Of the right, yet there are many
good reasons to be urged why it should do 30.
At any rate, there is vast difference between
the exercise of this right and the attempt to
take charge Of State elections, and thus
usurp the prerogative of the States to confer,
control and protect the right Of suffrage, and
to conduct and supervise elections, and it will
do no harm to impress the distinction at this
oppOrtuna time.
At the time Of its passage, this act provoked
a great deal Of discussion and the Republican
| Congress was forced to make concessions a
Republican president is now exceedingly reluc-
ta1lt to grant It so happened that in Ohio,
Indiana, Maine, Vermont, Oregon. West Vir-
ginia. and, we believe in Pennsylvania, the
State constitutions prescribed other days
than that named in the act for the holding OF
congressional elections. Hence the act could
not 90 into effect in these States except by
the amendment OF their constitutions accord
ing to the formalities and processes prescribed
in those instruments. The reply to this was
that Congress had acted under specia
authorization of the Federal constitution, anc
that the provisions of the State constitutions
were repealed by tie act Of Congress, when
ever that body chose to exercise the powers
, specially delegated by the constitution Of tn
!, United States, which was itself part, and tn
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