Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1880-05-12
SPEECH OF HON. L. B. CAS-
WE'LL.

L he IlOuSe UClnS III NOmmlUCeG OF Tile
Whole, and having under consideration
(1. R, No. 5523) making appropriation
for the support Of the Army for the fiscal
year ending June 80, 1881, and for other
purposes with the following amendment
thereto, as follows:
t'That no money appropriated in this
act is appropriated, or shall be paid, for
the subsistence, equipment, transporta-
ton or compensation OF any portion of
| the Army of the United States to be used
! as police force to keep the peace at the
polls at any election held within any
State.'
Mr.. CASWEI.L said:
Mr.. CHAIRMAN: At the extra session
held one year ago the election laws pass
ed by Congress from time to time, max
ing provisions for the appointment of sup
eryisions for the appointment OF supervi-
sors to attend the election precincts with
the aid of deputy marshals and the mill
tary force, if need be, to keep the peace,
were assailed upon the other side of this
Chamber with great vigor. More than
one-half of the democratic member Of this
| House made elaborate speeches against
the constitutionality of these laws. They
| insisted that they were an encroachment
upon the rights reserved to the States,
and that Federal officers had no right to
| interfere. They held that an election fer
any purpose was local proceeding, to
! be conducted under State without inter
vention of Federal authority. Upon the
theory that the General Government had
no interest in elections, not even for
choosing members of Congress, they de-
MED the right of the Federal Government
| to exercise any control over them. While
upon this side of the House it was insist
/ ed that we are nation with power to
oversee and supervise all measures per,
tanning to General Government with au-
thority to execute the laws of Congress
made in pursuance of the Constitution
on every inch of soil under the jurisdic
ton of the States. The issue thus Joined
between the two parties gave rise to that
session, and for three and a half months
we discussed these questions.
After that long -protracted session, ex
tending far into the fiscal year for which
the appropriations were being made, g
rider to that bill, making provision fol
the support of the Army, in the same form
as that now offered to this bill, was adopt
ed, receiving the votes of several republi
cans upon this side of the Chamber
though was not one of them, yielding
as they did to the coercion exercised by
the majority rather than lengthen the
session, creating an enormous expense
and deficiency, which have followed and
embarrassed us to the present day. There
was also no well-tounded belief that the
Army, or any portion of ii, would be
needed at any election to be held during
the year for which these appropr ations
were tn he made; for i'll no State except
IN California were congressional elections
to be held. 1t is well known that every
republican who voted for that bill was op-
posed TO the rider which was attached
and it comes with little force for gentle
men to taunt this side of the House for
having given the measure some support
attached as it was to an appropriation
bill 1t illustrates the mischief of such
legislation.
Since that session, however, the Su-
preme Court has held these election laws
to be constitutional and vailed, anu has
removed all doubt if any existed, as to
the right of Congress to enact laws sup
ervising the elections of members of Con
gress. On this subject the court say:
The State may make regulation the
subject; Congress may make regulations
on the same subject, or may alter or add
to those already made. The paramount
character of those made by Cone ress has
the effect to supersede those made by the
State, so far as the two are inconsistent,
and no frrrher.
Again:
The regulations of Congress being con-
stitutionally paramount, the duties i'm
posed thereby upon the officers of the
United States so far as they have respect
to the same matters, must be necessarily
be paramount to those to be performed
by the officers of the State. IF both can
not be performed, the latter are pro TAM
to superseded and cease to be duties.
The court also say:
We hold it to be an incontroyertiDle
principle that the Government of the Un-
tied States may, by means of physical
force exercised through its official agents,
execute on every foot of American soil
the powers and functions that belong to
1t. This necessarily involves the power
to keep the peace to that extent.
BY the highest judicial tribunal of this
country have the validity of these laws
and the authority of the Government to
enforce them and to preserve the peace
when necessary to their due execution
and observance been set at rest.
During the year for which this appro-
priation is to be made there will be held
elections for members of Congress in
every State of the Union, except in Cali
iornia. We are on the eve also of pre-
sldential election, and all the powers of |
the Federals as well as State Govern
ments should be brought into requisition
II necessary to secure fair election by
the people. No arm of either branch of |
the Government should de paralyzed, but
fraud, violence, and intimidation should
be put down if it takes the combined
force Of both Federal and State govern
ments. The liberties of the people de-
pend upon it. The perpetuity of our in
raI ha of~