Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-08-17
M'DONALD HITS 1T.
THE INDIANA EX-SENATOR SHOWS UP
THE FORCE BILL.
yirsinis's Prospect for Half NIL
lion--iio.s Reed Counts
Hats. Etc.
IRON Our Regular corrc.pondentl

from Our Regular Correspondent
WAsHSGroy. August lG.-At time when
there Ia so much being said and written
about the proposed Federal election bill
the following letter from so great a constl-
tutional lawyer ia ex-senator Mcdonald,
of Indiana will doubtless be read with
general interest:
INDAx,po11s. INp.. August u, 1890.
Hon. joseph Wheelr:
NV Dear General.--I have read with
much interest your very able ana ek-
haustiye discussion of the House bill TO
amend and supplement the present cleo
tion laws Of the United States, known rs
the Lodge bill. Your review OF the. pro-
ceedings of the national convention IN re-
spect TO the constitutional provision under
which tho Republican party claims the
right 70 enact such laws ana OF the
subsequent action Of the several
State conventions in relation there
to, il most valuable contribution
10 the constitutional history OF the
country and demonstrates that # the
friends OF the provision had then claimed
for II the construction which the Repubh-
can party has now put upon It II never
would have been engrafted upon the EIDE
raj Constitution. 10 was only advocated
as a conservative measure. secondary
power not 20 be exercised unless the state
legislatures should neglect or refuse 20
make laws or regulations for the purpose
or from any cause be incapable of making
the same, and then only until the legisla-
lures of the states should make provision
IN the premises.
RESERVED RIGHTS.
Tire laws 70 which this bill PROCESSES 70
be supplemental are the first in which tho
right Of Federal supervision over the cleo
ton of members of Congress were ever as
serted. Down 90 the time of their enact
ment the right 20 make or alter "regula-
tons" for the election Of members OF Con-
gress was REGARDED "a reserved right. only
90 be used by Congress 10 correct" any
negligence in any of the States IN making
provisions for such elections.
Believing those laws 20 be n violation Of
the spirit OF the Constitution aud most
dangerous in their tendency rs a member
of tho lnited States Senate in the spring of
1879 ] introduced bill, the main purpose
of which was 20 reneal them. This. ! an
sorry 90 cay. was not done. and they have
remained on tho statute-books ne the stock
upon which il is proposed 10 enCraft mea-
surrs much more extrome and more direct
ly viOlative Of the Constitution. The gen.
eral scope and purposes Of the Constiiu-
tion Of tho United States in regard to the
election OF members of Congress would
seem too plain 10 admit Of any cOnstruc-
ton which would permit the control of
such election by Federal officers.
WHAT IT DECLARES.
The second section declared that the
House Of Representatives small be COM
posed of members CHOSEN every second
year by the people of the several States,
and the electors in each State shall have
tho qualifications requisite for electors Of
the most numerous branch Of the the State
legislatures The control of sui rage IS
III the States. The qualifications of the
voters ere such as may be prescribed by
the States in defining the qualifications Of
electors TO the most numerous branch of
the State legislatures In brief. in the
language OF the Constitution OF the United
States. members of the House of Represent
tatiycs are TO DO chosen 10y the people Of
the States" VI is incompatible with the
free exercise OF these rights that the off
GERS who supervise their exercise should
be chosen bv some other power than the
people of the States within which they are
exercisable: ard yet the Federal laws on
that subject now in force and tho so-called
Lodge bill in more marked degree AZ
sumo 10 provide and do provide for
Just that kind Of supervision. The
Lodge bill goes further and vests
in the Federal election commission
crs the power TO determine the quail
fcations of voters by authorizing them 20
revise State registers, 20 reject votes, and
10 certify results: so that votes which may
be received and counted bv the State Off
GERS tor members OF the most numerous
branch of the State legislatures" az legal
may be rejected by the Federal officers
when offered for members Of Congress, al
though offered at the Same time and place
and on tho same ballot. Thus the States
are deprived Of a right which the Consti-
tuition vests in them Of determining who
may vote Tor members OK Congress. This
Is
AN UNwARRANTED UsURPATIoN
and If persisted in and submitted to will
lead to other md still more dangerous in
fractions of the Constitution. The same
language that reserves 10 Congress the
right by law 10 make or alter the regula-
tions made bv State for the election Of
members of tho House OF representatives.
applies to the election of United States
senators except rs to the place OF
choosing Senator'S" In all other respects
tho power Is the same. Senators. it Is true.
are to be chosen by the Legislature OF
each State, but that right IS no more
sacred then the right of the people of the
several States 10 choose members Of
the House Of Representatives. Ia one
sense il is less SO. as the qualifications
oil electors Of members Of the House are
expressly limited and must be defined by
the laws OF the several States. If the peO-
ple tolerate Federal interference OF the
election of members of the House of Repre-
sentatives az proposed in the Lodge bill,
can they--any one-say how long 1t Will be
until the Republican party will attempt
through Congress TO interfere with the
manner" of holding elections for United
State senators, and virtually take those
elections out of the hands of the State gu-
thorities, and thus put the election OF men,
bers TO both branches of Congress under
the control Of Federal officers with the
power TO supervise the elections and 10
certify results 1t was long time before
any party arose in this country that
possessed the hardihood TO insist upon q
departure from the undOubted spirit and
true meaning Of the Constitution on the
subject of elections, but once having
broken through tho Just bounds which
the founders Of the Constitution had midi
Gated there seems to DO no limit TO the de-
mands.
OPPRESSION on PARTY TRIUMPH.
Mr. Justice Story, in his Commentaries
on the Constitution rs quoted by you,
said: A period Of forty years has since
passed without any attempt by Con-
gress to make any regulations or interfere
in the slightest degree with the election Of
members of Congress" and after further
comment adds: Tho truth Is that Con-
gress would never resort % q measure Of
this sort for the purpose Of oppression or
party triumph until that body had ceased
20 represent the will of the States and the
people. and if under such circumstances
the members would still hold Office it
would be because q general and irredeem-
able corruption or Indifference per-
yades the whole community. No republi-
can constitution could afford any remedy
for such a state of things" The time has
come when a majority OF Congress seem
willing to pervert the Constitution for the
purpose OF securing the triumph of their
party and entrenching II III power; and y
remains to be seen whether the people will
submit 70 their usurpation. Such schemes
have failed in the past and have faith 20
believe they will fail in the future. If the
Constitution affords no remedy for such
q state Of things the people still have tho
n I. Al. 10,