The times. [volume] (Richmond, Va.) 1890-1903, 1892-10-02
FRAUD OF FORCE BILLS.
FEDERAL PorER oyER ELECTIONS
shawn TO BE Illegal and UnconstitufionaI
Hamilton and His Colleagues Cited
M Proof-An Interesting Paper.

| Office and belonging 70 no party now eX-
ercise the right of petition" formulating
my paper az an exposition or argument,
addressed to yourself as part OF the Gov
eminent.
| aim to snow, by the testimony OF Ham
ilton and his great colleagues, as well as
from the nature of things and from
our history and records, that no Federal
power TO regulate" elections exists,
and. indeed, none to affect them except
on some minor matters, which. In relation
| TO the elements or esSentalities or cleo
| tons were held by those great men TO
be extraneous circumstances. l. O., mat
tiers that neither touch r1gtt nor influence
| choice.
DECISIVE REPROBATIoN OF SUCH LAWS.
Hamilton. In No. 80 of the Federalist
voices his own views and those of Madison
aud Jay sanctioned by Washington-in
giving the reasons for Congress being en-
powered to designate and Tx by law. e.,
by Federal statute-the time. place and
methods OF holding elections for men,
beers of Congress. He puts the Federal
Legislature and the statal one on precisely
the same footing and says that each, As far
as possible. ought to depend on itself for
its own preservation" His keynote, in
deed. Is that ''eUery government ought to con-
t0in "a ITSELF the means Of IT'S olcn preSerUa-
ton" (his italics).
This was the reason why Congress was to
have the power TO make and alter, by law.
such statal regulations as touched time.
place and manner, SO that the voters and
sworn election officers should be under
legal duty 70 promptly and timely elect the
congressman. which we. tho people," had
agreed and ordained that each state was
- "a e.. 10 81 -
But let us follow Hamilton somewhat fur
Their on this topic. and see how he deals
with Nlessrs Lodge and Hoar. To Illus
trate the wrong OF impolicy OF leaving the
existence OF the Federal agency st the will
of the stntal ones. and for the further pur-
pose of reprObating the very usurpatlOn
and treason we have before US. he and his
colleagues said as follows in the Aforesaid
number 50. Suppose an article had
been introduced into the Con-
stitution empowering the United States to
regulate the elections tor the particular
States would any man have hesltated TO
condemn it, both as an unwarrantabio trans
position of power and as premeditaied en-
CINE Tor the destruction OF the State govern
ments Z" The violation OF principle in this
case" continued he. is just the same rs it
would be if the existence of the National
Government were subjected TO the pleasure
of the State governments: and he con-
cludes that "edch. Us far as possible. ought
to debend on i,SeJf for ats O1gn DreseTCdtOH."
Right at the sub ects threshold. then we
see that the error OF Lodge II diie is fault
"a violation Of principle" downright wick
odness. Nay more, he ut least Is sub ect
TO the charge OF knowing that our highest
authorities on constitutional law-Hamilton
and others-iIstructed him and his coactors.
that it IL unconstitutional Tor Congress to
empower the United States 10 regulate The
elections of the particular States" And
worse yet, he knew that those authorities
declare that such election bills are virtually
reasonable attempts at the 'transp position
of the people'sl power" and the destrp1-
ton Of the State governments.
THE GREAT QUESTION OF THE DAY.
This is really the great question of the
day, for II involves usurpatOn and revOlu-
ton. national pGrty now striving for
power. calls, in its platform, for a Fe iersl
law to enforce what tie national mann may
at any time consider and decide D be
honesty and fairness in statal electiO ms OF
congressmen-in other words, law "em-
pOlrerinq the Uaiied states to regulate q v eiec-
tions for the particular SiGtes"-the very
thing the Federalst reprobates. And. Pres
ident Harrison said in message o Con-
gress when the Force bill was pc nding
The power to take the lchOle direct on and
control OF the election OF repre-
sentatiyes is clearly given to the general
Government in well defined consti tutional
powers"
The other national party platforms
against the Force bill, but ma ny of its
leaders cOncede Federal power to regulate
but aim to prevent excessive rse of it.
They "let the lion in" and essay and hope
TO harness him. Later. perhaps too late
they will see that the beast is dangerous
and uncomfortable.
BAsRLEss CLAIM.
The claim of Federal power i 5 baseless,
as we'll rs out OF reason. as | shall now
show by fairly presenting section of arti-
Gle l: The times. places and manner of
holding elections for senators and repre-
sentatiyes shall be prescribed in each State
by the Legislature thereof in the regug-
tons for holding elechonsl. bit the Con-
gress NAV, az any time. by law, make or
after such regulations as rel lte 10 times.
places and manner only. exc tpt as to the
place OF choosing senators"
Now. we the people give power only by
words the meanings of which are our in
tent. Our language does nCG contain our
intent to give Congress a power ito regulate
elections for the particular States" No
! such intent is apparent or imp lied. and none
such can exist IN the nature of things. be-
cause holding elections" is necessarily be-
yOnd and above any regui alton but that
of the original aud inl erent power,
which by right elects. Can there be eiec-
ton without choice. or choice without free
will? Does not the lawful regulator always
have authority over the sui Iect TO be- regu-
lated accompanied by pOwe to coerce ODE
dlence and TO punish dlsOl ,edence TO his
laws: How can the people be free if their
servants can IN anywise cCntrol their only
means of speaking and eEectuating their
will-namely, votes: If the Federal cor
natCnal) dominance claim ed had been in
tended. would we the people" not have
put it in plain words so that the intent could
DOW be shown as u J0ct: No such intent
ever existed.
Another reason why th ore can be no in
tent 10 give Congress Iower to regulate
elections is that time. place and manner. .
are distinctly named IN thu. power and every
thing else excluded from il. EfDresAio
unius est ercltS,o Gteri5S. Hamilton ex-
planned time. place and manner TO be
in relation to the ruiz OF election. "erfrOnt-
OuS Circumstances" net touching or af-
fecting substance or essentials. but bearing
the same relation 10 holding elections" or
the right of election. that form. coOr. size.
weight. time. location or manner of operat-
ing do to the thing of which they are pre-
dicated And he distinctly repeated that
time. place and name, are ''eTtrdue0us" 70
"f4Diding Q ecfioRs" and the right of holding
them. Read Federaliiit, No. CO., sections 4
and III.
TWO FATAL PRESCRIPTIONS.
Here please note tw fatal presumptons:
!. No power can be taken h be given un-
less expressed in explicit terms or implied
Enthusiastically Otto. $50.
2. At lest the claimant of tho authority
raises doubt whether we tho people"
gave regulating power. and that doubt must