Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-04-03
THURSDAY. APRIL 8, 1890.
A National Elecfion-Law.

We have had occasion TO say more than
once that we could not deny the power OF
Congress to pass a national election-law.
Article l.. section w.. paragraph of the
Federal Constitution provides that the
times. places, and manner of holding cleo
tionsfof Senators and Representatives shall
be prescribed in the State by the Legislature
thereof; but the Congress may at any
time by law make or alter such regulations,
except as TO the place Of choosing senators.
The grant Of power seems to be sufficient.
The only limitation is contained in the
words "by law" The Constitution pro-
vides that the Congress shall not Of itself
have power to make or alter State regula-
fions; but may do il by law. In the matter of
proposing amendments TO the Federal
Constitution the reverse is the case. The
Congress is empowered to propose such
amendments. but need not do it by law.
The two houses can themselves perform
this duty. Mr. LINCOLN declined, we think,
TO sign resolution which had been passed
by Congress proposing an amendment to
the Constitution because he held that the
President had under the Constitution no.
thing to do with proposing amendments.
Whether Congress ought TO have the
power to pass national election-laws or
not may be question open for discussion.
But there is no doubt that Congress has
passed such laws. These laws are con-
tanned in the Revised Statutes OF the
United States, and have been pronounced
constitutional. Sections POLL and 20l2
provide for the appointment of supervisors
of congressional elections. These super
Visors are authorized and required TO at
tend at all times and places fixed for the
registration of voters and also for the cleo
tion Of members to the National House of
Representatives. Also to be present at
the counting of votes. They may chal-
lenge any vote offered. They may remain
where the ballot-boxes are kept at all
times after the polls are opened until
every vote cast has been counted. the can
vass of all tho votes wholly completed,
and the proper certificates or returns are
made or made out. They may personally
Inspect and scrutinize from time to time
and at any time on the day of election the
manner in which the voting is done and
There are many more things named which
the supervisors are authorized to do; but
these are sufficient TO show the power Of
Congress over the elections for members
of the House of Representatives. The
same law provides for the appointment of
deputy marshals to aid the supervisors in
performing their duties. In fact, the law
rs il stands now seems TO us TO have some
of the bad features of the LODGE bill.
Is the present statute constitutional?
We need quote only the following:
IF this government is anything more
than a mere aggregation of delegated agents
of other States and governments each of
which is superior to the General Govern
ment, il must have the power TO protect
the elections on which its existence depends
from violence and corruption. "-EL-pGrte
Marlborough, 10 L, s., $50.
Z" 1t is III the power of Congress to pro-
vide laws for the proper conduct of con-
rresslonal elections Congress can by
law protect the act of voting, the place
where it is to be done, and the man who
votes, from personal violence or intimida-
ton, and the election itself from corrup-
tion and fraud. Same, page 661.
We have for months deprecated the pass
age Of O national election-law. IL there is
in the minds OF strict constructionists any
doubt as to the power of Congress to pass
such law, there is no doubt in the minds
Of LODGE and his gang. The CHANDELIERS
and the SHIRMANs and the rest of the sec
tionalists Will have never doubt on the
subject. If such law be passed during
the present session of Congress. 1t will re-
main upon the statue-book long time;
for the control of the Senate is already Sc
cured to the RepublicanAfor years to come.
We would fain hope that few Republ-
cans may be found in the House of Repre-
sentatives who will oppose the passage Of
any such law.