Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-08-04
SUNDAY. .........AUGUST !, 1889.
National Eleot.on-Law.


Mr.. CARLISLE is an ahlo constitutional
lawyer. Having been for years Speaker
of the national House Of Representa-
tives. and much weight being attach
ed to his utterances he is cautious in tie
expression of opinions upon public ques-
tions. When. therefore, he does express
decided opinion upon such question. 1t
IS entitled to profound respect. In the
Forum for August he has long article dis
cussing the Republican programme, or the
future policy Of the Republican party. In
that article he expresses without quahtca-
ton the opinion that there Is no constltu-
tional authority for national statute pro-
viding for registrars and other officers to
superintcnd the elections for members OF
the House Of Representatives.
We are glad 20 know that 50 able law
yer as Mr.. CARLISLE IS has 80 decided an
opinion on the negative side Of the ques-
ton. for il seems TO have been admitted hv
both parties in Congress that Congress did
have the very power which Mr.. CARLISLE
denies to that body. We have objected
again and again 10 tho enactment Of any
ever been able 20 perceive thar such
n law would be unconstitutional IL
was enough for us that it would Arr
CAME the southern States, make the negro
voters mere tools Of the authorities IN
Washington, create as Mr.. CARLISLE says
hundreds of Thousands Of new Federal Off
cials. and perpetuate indefinitely the rule
IL 4 1sf. - u
which this country has ever been CURSED.
We feel now that the Democrats ought TO
filibuster against the organization OF the
next House Of Representatives for two
years if necessary to the preservation of
the liberties of tine people of the whole
country and of the civilization of the
southern half of It.
We do not know what line Of argument
Mr.. CARLISLE would pursue in the effort 10
maintain his contention. The constitu-
tional provision on the subject is as fol-
lows:
THE times, places, and manner of hold
ing elections for Senators and Representa-
tiyes shall be prescribed I'M each state 10y the
Legislature thereof; bat the Congress may
ut any time by law make or alter such
regulations, except as to the place Of
choosing senator's
The above section gives TO Congress the
power TO fix the times of holding elections.
This is has already done. The times for
The election OF Senators and Representa-
tiyes are fixed by national laws. The same
section gives 10 Congress the power to
prescribe the places " for the election of
representatives, but denies TO that body
the power to prescribe the places for
the election of senators. The word man
ner is all that remains to be considered;
and it Is possible upon this word that Mr..
CAELIsIE would base an argument to show
that such bin as Mr.. SHERMAN offered
"by rc0uest" last winter would be uncon-
sttutional. 4 national statute already
provides that The election q members Of
the House of Representatives must be by
ballot. Perhaps all the power conferred
by the word manner" was exhausted
when that statute became a law.
II is possible that the last clause Of the
section above quoted means only that
Congress may &c any time make "such
regulations " for any State that may have
neglected 90 make thcm cor itself and alter
"such regulations" in those States which
had made them. but made them so as to
displease Congress. But we do not see that
such a construction of the section would
help Mr.. CARLISLE in his contention. We
hope that he will be able TO slay next win
Ter the monster he IS now watching with
sleepless eyes.