Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-08-30
SATURDAY. .....AUGUST 80. 1890
A Voice from the Past


The question which naturally arises In
The calm consideration Of tho LODGE cleo
ton bill as TO the right of Congress TO
pass such law is no new one. We have
time and time again shown the intent of
the provision giving Congress the right to
regulate the time, place, and manner OF
clecting its members; that it was pro-
vision intended solely TO prevent the dis
solution of the Government by the failure
of the States 10 elect representatives,
should such a remote contingency occur.
In the memoir of s. S. PgENTIss by
HIS Brother" are utterances pages 293,
294) in Premises speech in the Mississippi
election case strikingly relevant IN this
connection. II is true Mr.. TUCKER and
Others made substantially the same points
in presenting their arguments against tins
bill. But as perhaps the enemies of the
South will listen with greater complai-
sance 10 the voice of the past than to the
voice of the present-to the voice OF
PRKsrIss rather than 10 the voice of Tuck
rR-we would call their attention, and as
we'll the attention of the good people of the
sppi statesman:
Indeed, so vitality important was II con-
sidered 10 the Independence OF the States
that the legislation should be entirely un-
trammelled in prescribing the time, place,
and manner of elections that IT was with
great difficulty that the States were per-
suaded to acquiesce In the conroillng
power given TO Congress to make or alter
by law the State regulations. IL YOU Will
look, sir. into the debates III the different
conventions upon the adoption OF the
Federal Constitution you will ind that no
provision was more debated or received
with greater jealousy. Al the States took
the ground that the most important or
their political powers consisted IN the
control through their legislatures over the
time place, and manner OF election,
and the ultimate supervisory power
was reluctantly placed with Congress
upon the express ground that 1t was ne
cessary for the preservation OF the GOV
eminent: that without this provision the
States might neglect TO make any regula-
tions on the subject, or might fix the times
of election at such periods as To prevent
representation and thereby cause dlsso-
luton of the Government. IL was adj
United in all the debates that this power
of providing for deficiency or failure OF
action on the part of the State leglsla-
lures did not and could not with proprie-
ty reside anywhere else than IN Congress.
Still the States were so jealous on this
subject that most of them accompanied
their ratifcations Of the Constitution with
a solemn protest against the exer-
else by Congress of this power, ex-
cent in cases of failure or neglect
on the part of the State legislatures;
and also with standing instructions TO their
delegates in all future time to obtain as
early as practicable an amendment of the
Constitution limiting the action OF Con-
gress on this matter to such cases OF failure
and neglect ONLY. The ratifications of South
Carolina, North Carolina, Virginia, Penn,
sylvania, New York, Rhode Island, and
Massachusetts,, if not Others, contain such
protests and instructions"
The biographer states that Mr.. WEBSTER
was profoundly attentive listener to the
entire speech, and when it was finished re-
marked that nobody could equal it,"
All the records are but too clear on this
point; yet the attempts of reckless Re-
publican partisans to distort for their own
personal advantage the clear meaning of
the provision of the Constitution and the
evident intent of the trainers thereof have
been unceasing. Their rule seems 10 be
not how to uphold the Constitution, but
how 70 pervert it to their own selfish and
ipiquitous ends.
The voice of PRENTIss is heard again, and
ring out again upon the hustings as if to
rebuke these constitutional pirates and
South-haters.