The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-01-18
Senator TeIler's Bill for Conducting
Congressional Elections.
Article /, Section 4, of the consti-
tuition Of the United States prescribes

tuition Of the United States prescribes
that
The time, places and manner of
holding elections for Senators and Rep
resensafives in Congress shall be pre-
scribed in each State of the Legislature
thereof, but the Congress may by law
alter such regulations except as to
places of choosing Senators.
The subject was warmly discussed in
the Convention that framed the Consti-
tuition. 1t was claimed on the one side
that if some such power over the Con-
gressional election was not conferred
upon Congress. the States might neg
leet the duty or embarrass the
Federal Government in the mode OF Its
Performance. On the other hand, it
was claimed that if unlimited control
in conducting elections was vested in
that body, the liberties of the people
would be endangered. A middle
ground was adopted. The power
was left unqualifedly with the
States and its exercise by them
made imperative, while it was made
conditional, and diseretional with
Congress in case of emergency to secure
representation. The construction placed
upon this clause, contemporaneously
with its adoption, fixes its true inter
probation. From the foundation of the
Government down to 1870, the power
of regulating and controlling elections
in the States was never exercised by
Congress. 1t was in that year, under
the Grant regime, that the usurpatiOn
commenced over the Southern States,
though they had been readmitted into
the Union under the Reconstruction
legislation. Under the Grant regime
elections were held under military SUI
pervision; and the laws which were
passed, vesting extraordinary powers in
United States Marshals, Deputy Mar
shals, and Supervisors, defining crimes
and prescribing severe penalties, are
still in force.
Senator Teller proposes to go step
farther, and supplement these laws with
an act prescribing the minutest details Of
management of elections by federal law.
The 1st. section of the bill he has intro
duced in the U. S. Senate prescribes
that ''no ballot shall be offered or re-
ceived at any such election (for Repre-
sentatives in Congress- unless the same
shall be written or printed upon piece
of plain white paper, not less than six
nor more than eight inches in length,
and no less than three nor more than
four inches in width" CThis clause
bears a striking resemblance to a fea-
ture of our CampbelPs Code law, which
has been objected to not without cause
Another clause prescribes that the bal
lot box "shall be placed in such posi-
ton that it will be in view of each voter
when his ballot is deposited" An
other, that on the closing Of the
polls the proper officers shall with
out delay, adjournment, or separation,
proceed to count the votes cast and
declare the result" Another, that the
candidate OF each political party may
select one person "who shall have the
right to be present in the room with the
officers of the election" from the open
ing of the polls until the votes are
counted Another, that 10 person shall
" obstruct, burden or delay legal voters
in approaching the polling place by
crowding the same" or otherwise. The
penalty prescribed in the bill for yio-
lating the above recited provisions is a
fine of from Ave hundred to five thou.
sand dollars, and imprisonment Of from
six months to FIVE years, in the discre-
ton of the court.
The foregoing provisions would be
good in a State law, but they relate TO
a question oyer which Congress was not
designed by the Constitution to exercise
control,