The climax. [volume] (Richmond, Madison County, Ky.) 1887-1897, 1890-07-09


in the fairest and best land in the world.
While Switzerland is settling down in
the gIories of a firm and enduring Re-
public, while france is appreciating SO
earnestly the blessings of the new Re
public, and the Irish patriots are praying
for the early day when Ireland will be |
free, while all the nations of North Amer
lea, Central America, and South AmeTi- |
ca have taken our Republic for their
model and overthrow monarchies and |
empires, Brazil being the last to join the
sisterhood of republics, while the move
ment of mankind is toward freedom and
popular government all over the world,
shall we now humiliate ourselves and dis.
courage liberty-loving people everywhere
by the passage of this bill : / say may
God forbid such unjust and unnecessary
legislation.
The gentleman from Massachusetts,
[Mr. Lodgel says he gets his authority
for the unprecedented legislation proPos-
ed in this bill from section 4, Article 1, of
the Constitution of the United States,
which is as follows
The times, places, and manner of hold
ing elections for Senators and Represent
atives shall be prescribed in each State by
the Legislature thereof but the Congress
may at any time by law make or alter
such regulations, except as to the places of
choosing Senators.
Passing by the stupendous fact that our
Republic has lasted for more than cen
fury, and had severe trials and civil COM
motion and no such legislation was ever
enacted, l assert that it is clear that
when the trainers of the Constitution de-
clared that "the times, places, and man
ner of holding elections for Senators and
Representatives shall be prescribed in
each State by the Legislature thereof
they conferred an original and primary
power on the State Legislatures to regu-
late the times, places, and manner of
holding Congressional elections, and that
secondary and ultimate power or a per
missive and contingent power was confer
red on Congress to make or alter such
regulations, and as has been well said,
sit is a necessary implication from the
language of the text that the permissive
and contingent power of Congress is to
be exercised, if exercised at all, accord
ing to the provisions of the context
found in clause IS, section 9, Article l. of
the Constitution" which provides that
Congress shall have power "to make all
laws which shall be necessary and proper
for carrying into execution the foregoing
powers, etc.
If, therefore, the State Legislatures
perform their duty under the fourth sec
ton of Article of the Constitution, the
contingency on which Congressional ac-
ton depends will not have occurred but
where the State Legislatures refuse or
neglect to enact laws fixing the times,
places, and manner of electing Congress
men, or if they enact laws hostile to the
General Government, or where they are
unable to do so because of rebellion or
other cause, then Congress may intervene
and establish such regulations as will Sc
cure the representation authorized by the
Constitution.
The men who framed the Constitution
possessed great wisdom and sound judg
ment and they did not intend to confer
the same original and primary power as
regards the election of Congressman on
the State Legislatures and on Congress,
and there is abundant reason for making
this statement.
My time is so limited that I can
not discuss Article ", section I, of the
Constitution as fully as I desire, but l
whish to say with emphasis that have
no doubt that the pending bill is..against
the letter as we'll as the spirit of the Con-
stitution. This section of the Constitu
ton on which the friends of the bill rely
created more uneasiness in the minds of
the members of the convention that final
ly passed on the adoption of the Consti-
tuition of the United States than all of its
other provisions. Seven of the thirteen
original States declared against the pow
ers of Congress to exercise the authority
claimed by the friends of this bill, and
especially commend to the gentleman
from Massachusetts Mr.. Lodgel the &C
ton of the grand old Commonwealth
which he in part represents in this House.
On the 10th of February, I7SS, Massa-
chusetts, through her State convention,
presided over by the great Revolutionary
patriot, John Hancock, ratified the Con-
stitution. In the report of ratification,
after expressing the opinion that certain
amendments should be made to remove
the Commonwealth, and more efectually
guard against an undue administration
of the Federal Government" the follow
ing alteration of and provision to the
Constitution is suggested
That Congress do not exercise the pow
ers vested in them by the fourth section
of the first aticle but in cases when a
State shall neglect or refuse to make the
regulations therein mentioned, or shall
make regulations subversive Of the rights
of the people to a free and equal repre-
| sentation in Congress agreeably TO the
Constitution.
Judge Story, in his Commentaries on
the Constitution, volume ?, chapter II,
discusses the subject ably and exhaustively
and holds that the power will not be exer-
cised by Congress unless "an extreme
necessity or a very urgent exigency
should arise"
Mr.. Madison, in the Virginia conven-
ton, when asked his opinion of this sec
ton, said
1t was found necessary to leave the
regulation of these times, places, and
mannerl in the first place to the State
governments as being best acquainted with
the situation of the people, subject to con-
troll of the General Government, in or
der to enable it to produce uniformity and
prevent its own dissolution.
! Were they exclusively under the control
of the State government, the General
Government might easily be dissolved.
But if they be regulated properly by the
State Legislatures, the Congressional
control will very probably never be ex-
ercised.
Hon. John Jay, who was afterwards
Chief-Justice of the United States, said
in the New York convention, when this
clause was under discussion:
That every government was imperfect
unless it had power of preserving itself
Suppose that by design or accident the
States should neglect to appoint the Rep
resentatives, certainly there should be
| some constitutional remedy for his evil