The Dispatch. [volume] (Provo City, Utah) 1891-1895, 1891-06-06
ATTORNEY WHITECOTTON'S MIS-.
TAKE.

1t was a deplorable feature of We'd
nesday nights Republican meeting to
see Attorney WHITEcoTToN get up
and defend the constitutionality of
the LODGE bill. 1t acted most disas-
trously, and the intelligent portion of
the audience, who had read of the in
famous measure, were, to all appear
ances, disgusted.
The purpose of this bill, as any one
knows who has read it closely, would.
had it passed, effectually have placed
the election of members of Congress
under the control of the United States
Government, and, we contend, the eff
feet Of the bill, whatever its purpose,
would hare been to control absolutely
the election, not only of members Of
Congress, but of various State and
county officers in the several States of
the Union, and eventually to control
the election of the President of the
United States.
The clause under which this claim is
made is the first clause of the fourth
section of the first article of the Con-
stitution, which provides:
The times. places and manner of
holding elections for Senators and
Representative 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.
1t is hardly necessary to say to those
who are supposed to know something
OF the history of the adoption of the
Constitution of the United States.
that this section created more uneasi-
ness IN the minds of members of the
conventions that finally passed upon
the adoption Of the Constitution of the
United States. than all of its other
provisions combined. Seven of the
thirteen States were so unwilling to
accept the Constitution of the United
States with this provision in it, that
they expressly provided amendments
to 1t which were to be submitted to
the States, which would deprive the
Congress of the United States of the
right to exercise this power except in
certain specified emergencies. And
the State of Massachusetts,, which has
sent so many able Representatives to
the Congress of the United States, and
which so far as ability and learning are
concerned, has certainly filled an hon.
ored place among the sisterhood of
States, was so seriously concerned on
the subject that that State not only
submitted an amendment to the Con-
stltution to deprive Congress of this
power, but expressly enjoined upon its
Representatives to take care at ''all
times" to see that nothing was done
by the Congress Of the United States
which should deprive the people of the
State of the right to pass upon and
settle this question for themselves.
Every expression that has ever fallen
from the lips of the voters of this
country has been in absolute and utter
condemnation of the right of Congress
to take from them the right to de-
eide through State agencies how these
elections shall be carried on and who
shall conduct them.
At the very inception of this gov
ernment, when its foundations were
i~lng laid, as was then hoped in the
broad and everlasting principl es of
human liberty, seven of the thirteen
original States declared against the
power OF Congress to exercise this au-
thority; and they put their objection
on the broad ground that it was
usurpation of the liberties of the peo-
pie and that it would eventually oper-
ale 10 their destruction.
Congress obeyed that injunction un-
III 1872. when for the first time it un-
d"fiool to legislate upon the subject.
and 81 Mr.. CAMPBELL, a gentleman
representing at that time one of the
districts Of South Carolina. introduced
iatn the apportionment act of that
!e'r a provision requiring that the
se'eral states should elect their mem
bers of Congress from separate dis
tricts, (which shall be composed of
contiguous territory" That was a
Wing Congress, and Mr.. CAMPBELL
was the only member from South Car
Dina who voted for the proposition,
Tor the Democrats thought then, as
they think now. that it was usurpa-
ton Of power by Congress and voted
with practical unanin+ity against it.
-Four of the States disobeyed the re-
qnrements of the law and elected
their members of the House from the
,ate at large and not from separate
districts.
The right of the members from these
four States was examined into under
a resolution of the House, and in this
way the question arose as to whether