Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1882-08-03
Contested ElectiOn-Smith VS.. Shelley.
ECH OF
HON. ANDREW G. CURTIN,
OF PENNSYLVANIA,


Thursday July 20, 1882.
The House having under consideration the contest
ed.election cases of Smith vs. Shelleby-
Mr.. Curtin said:
Mr.. Speaker: / am quite sure that
nothing | can say to this House will
change the result, for apprehend that
the report of the majority of the Com
mittee of Elections in the pen nding case
will be approved, and the sitting mem.
ber will be detruded from his seat. We
have turned out two sitting members
already in very few days, and l sin.
cerely hope that the majority of this
House have not excluded the sitting
members and voted in the contestants
in these cases for the reason simply that
they were negroes. To vote the negroes
in because they are men, under the
paramount law of the land, would be
creditable, for they have equal rights
with the members on this floor and
ed by the amendments to our Constitu-
with all other American citizens CONFER.
ton. But it they are voted in as mem.
bers of this House for political purposes
in the future because they are negroes,
it is not so creditable TO the majority,
and if the action of the House is con.
trolled by any such motives, serious ap-
prehensions may be entertained in the
assertion of such a precedent for the
future quiet of the country.
Mr.. Speaker, l gave my hearty ap.
probation to the learned gentleman
from Iowa Mr.. Kasson when he intro.
duced bill some days since TO change
the manner of disposing OF contested
elections by taking it away from this
House so far as possible and remain
within the letter of the Constitution
because in the contests as have noticed
we are merely resolved into political
body and the representation OF the
Congressional districts in contest Is re-
ferred exclusively to committee OF the
House or party caucus OF the MAORI
ty. That committee must be so cOnsti.
tuted as to represent majority OF the
political sentiment of the House, and
the political majority of the House in
obedience TO the report of their own
committee or their own caucus in this
Congress uniformly unseated the sitting
member and seated the contestant
Mr.. Speaker, as we are now sitting the
Constitution declares us judges. 10 be
called judge is designation known
to sacred and profane history in all
governments, ancient or modern. 1t
comes down to us from the great nation
upon whose institutions our own are in
large measure modelled. When a con.
test is made for a seat as a member
upon this floor, representing consti
tuency of the people of the United
States, we are the judges of that elec.
ton and we should sink the politician
and the partisan we should put on the
ermine.and the ermine should be spot
less. And there being no intervening
tribunal between the judges of that con
test as we are constituted and the God
to whom we make our oaths, we should
be careful that we leave outside these
Halls all partisan political feeling and
judge of the rights of constituents in
dependent Of political considerations,
caste, color. or condition and this
House should not by any improper dis
position of its high and important pow
ers weaken in the least measure public
confidence. The American citizen has
ever, and hope will ever. trusted to
the judgment of his peers as one OF the
cardinal principles that protects his
rights, liberties, and enjoyment OF hap
piness, and, what is infinitely of greater
consequence, that the written law shall
not be tortured by sectional antagonism
or partisan zeal into the degradation OF
the means of punishment or disregard
of guaranteed powers for his protection.
| heard the distinguished gentleman
from New Jersey, Mr. Robson, the
acknowledged leader of the majority OF
this House, on a memorable election
election contest assert, as / understood
his language, that this House, acting as
judges, had a right to override the con
stitution of a State and the election
laws made in pursuance of that consti-
tuition, and being, as he said, a law unto
ourselves, decide contest involving
constitutional legal rights independent
of the sovereignty of the State or the
local law regulating elections or the
right of its citizens. Mr.. Speaker, one
step more and you have revolution. /
have always learned in my reading that
the rules of 'deliberative body were
made for the protection of the minori.
majority may override the rights of
minority representing perhaps an equal
number of the people of the United
States, from what has occurred on this
floor.
Here the hamer fell.
The Speaker pro tempore, Mr.. Ryan
The six minutes yielded to the gentle
man from Pennsylvania have expired.
Mr.. Curtin. But another gentleman
agreed to yield me fifteen minutes.
Mr.. Thompson, of Iowa. l want it to
be understood how much time | am
yielding.
Mr.. Curtin. understand that you
yield me fifteen minutes of your time.
Mr.. Thompson, of Iowa. Very well.
Mr.. Curtin. was proceeding to say
that the rules of deliberative body are
made, as | understand, for the protec-
tion of the minority. And | said the
gentleman from New Jersey, (Mr. Robe
son,) the acknowledged leader of the
majority of this House, has declared
that this Hottaa 20 N avarrida tho o0uo /.