San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1890-08-07
Federal Election Bill.
SPEECH OF HON. LITTLET0N W.
MOORE, OF TEXAS
In the House OF Representa- tlyes, Mon
day, juno 80, 1890.
CONTINUED FROM OUR LAST.

i MOulh bb wy
make to tho decision of this supreme
coordinate branch OF the Govern
ment, as mere authority, to say that
no such law was before the court,
nor no such power Of Congress as in
this bill which the court in these two
cases then considered. They neither
pronounced nor were called upon to
pronounce any such decision as TO
10 the exercise by Congress OF any
such power as in this bill, governing
elections by the people Of their Re,
representatives.. The court was con-
sidering the sole question OF penal.
ties enacted in the statute OF 1871
and tho act amendatory thereof for
the violation OF State regulations in
the matter of election Of q member
of Congress. The court sustained
such power in Congress prescribing
these penalties, and further decided
that such regulation by Congress
was absolute and exclusive in what
ever modicum OF such power exerted.
II this be the law, then I ask
where is the authority in Congress
to make any regulations coordinate
and concurrent with that of the
States wherein the people choose
their Representatives? To make or
alter regulations OF these in such
elections by Congress under these
decisions, would require OF Congress
to exercise it's power not in any CO.
ordinate or concurrent action with
the State, but exclusive. II con-
gress does not do this, then congress
does not by law either make or
alter the regulations prescribed
by the States.
This is the very vice of this bill
It undertakes to preserve all the
machinery of tho several States re-
gulating such elections. In the lang
uage of the report upon this bill and
the speech of it's author, Mr.. Lodge,
OF Massachusetts,, this bill attempts
to cooperate with the States in the
matter of holding elections for mem
bers OF Congress. Such power l ut
terly deny. It is supported by no
authority and violates the essantial
principles of good government.
No sovereign can exercise his right
full power concurrently with any
other magistracy. Confusion and
conflict would be inevitable. The
author of this bill sees his delimma
and seeks to avoid so absurd and
dangerous result by providing that
the certificate of election by the re-
turning board created by this bill
shall have precedence over that issued
under the State law.
This only adds to the difficulty and
the more clearly demonstrates the
unconstitutional character of this
provision, and unavoidably produces
the unnatural and abnormal result,
namely, that the people under the
Constitution, by virtue of the laws
of their respective States choose their
Representatives, do everything and
all things incident to holding an
election, therefor, but other persons,
to their law, taking no port
in the election, performing no duty
connected Herewith, make the re-
turns and declare the result.
The people do the voting, the
choosing, and the returning board,
quite away from them, out of the
district, out of the State, wherever
the circuit Judge holds his court,
makes the return and certifies to the
result. In what sense 1 ask, under
such bill, do the people choose
their Representatives in the very
language of the constitution, when
u board. not one of their own creation,
their wish? What power
have I to make my choice and what
is that power worth to me when the
agencies to express that choice are
denied me?
The great thing to be preserved
by the Constitution is the right of
the people to choose their Repre-
The incidents to that
act the most important to any free
man-are the regulations as they re-
late to times, places and manner OF
doing it. Such regulations Congress
is empowered to make or alter, but,
sir, whenever, under the pretense of
or altering such regulations,
the right of the people to choose their
Representatives is impaired or threat
ened; then you invite fraud, force,
and violence. in a much moro grave
form than now threatens the electing
by the people.
But, Mr.. Speaker, there is yet
much more serious objection to this
system of Legislation. The language
of the Constitution is:
But the Congress may at any time
by law make or alter such regula-
tons
Whatever Congress may rightfully
do must be done by law.
The form of the expression and the
term law, here used, imply that such
action as Congress does exercise
must be general, uniform, final, and
binding as the very force OF law upon
all the people. 1t cannot apply TO
States. sections or communities. 1t
must have the binding force of law
upon the people. Congress has no
power TO delegate its authority to
any portion Of the people or permit
them in spots to have this law or not
as they please. There should be no