The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-11-29
The Federal Election Laws Ought to
be Repealed.

The Federal Election Laws Ought 70
be Repealed.
The agents who have been selected
by the people to reform the abuses
which have been practised By the par
ty in power, and to bring back the gov
eminent to its first principles, viii fall
short of their duty if they neglect to
use their utmost endeavors to repeal
what are known as the federal election
laws. They were born Of vindietive
and sectional spirit, and ought not be
permitted to remain on the statute
books. They were designed for the
unconstitutional purpose Of taking from
the States the management of elections
ard transferring it to the general gov
eminent. From the beginning of the
government down to 1870, to the States
we're left the exclusive control and man
agement Of elections. In the latter
year the right was violently taken from
them by the Republican party in order
to perpetuate its power, and the usur-
patton has been fruitful of the grossest
abuses of the elective franchise.
The Constitution says that "the States
aEaH prescribe the times, places and
manner of holding elections for Repre-
senta.ives and Senators in Congress,
but Congress may make or alter such
regulations" etc. Mark the language.
As to the States the duty is mandatory,
but as to Congress it is permissive and
conditional. The clause was seriously
considered in the Convention. On the
one hand. it was held that it would be
dangerous TO confer upon the general
government the power to control cleo
tons. Ga The other it was held that
the States might fail to perform the
duty and that it would be proper to
clo,he Congress with the power in case
ofsuch neglect. The clause vas adopted
with the understanding that the States
were to conduct the elections exclusive
", but if they failed the government
might do 50. Now, the States having
exercised their duty to prescribe the
times, places and manner of holding
elections, there is no occasion for the
exercise Of the power vested condition
ally in the federal government. The Su
preme Court of the United States ha'
repeata lily decided tha. the States mus
determine who are voters, by wha
authority they are voters, and the tim
and manner of their voting.
But this Interpretation was abandon
ed in 1870, though it had been sancti
fed by the custom of the Government
from Washington down to Grant. Un
der pretence of controlling or oversee
. ing elections for Representatives in Con
gress, the present laws were adopted
but as members of Congress are electe'
! when Presidential electors are chosen
and in many Of the States where Stat
and county officers are chosen, thes
Federal officials appointed under tn
laws, in fact supervise all the election
where the times and places of holdlni
them are the same So far as they in
terfere with the election of State AM
county officers, they are, of course, al
uDmitIgated usurpation. And the sam
is true as to elections for President ant
Vice President, for the Constitution il
precise terms says: Each State shall
appoint in such manner as the Legisla
ture thereof may direct" the electors o
President and ViGe-President Blu
the usurpation is no less palpable wher
the Federal Government assumes t.
supervise and control elections fol
members of Congress, except the cen
tingency contemplated by the Constitu
!, ton, should arise. No such occasion
exists. None existed at the time these
odious laws we're passed None is like
ly to exist. They ought to be repealed
a H.