New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-05
FREE AND FAIR ELECTIONS.
THE CONSTITUTION AS MADISON INTERPRETED

1T.
TO the Editor OF The Tribune.
Sir: The Democratic platform reahirms .no
allegiance Of the Democracy TO the principles vi Vi"
party as exempfcd by Jefferson, Madison ana Oie'0
land and warns the people that the policy OF fcdera'
control Of elections TO which the Repubhcah Ps'V
has committed itself is fraught with the greatest uan
gers Let us see what the Constitution OF the ,htco
states declares on the subject OF the election OF ec'
tors and Representatives. and what Jame' 'i"u''o"
said concerning the The Constitution declares
that The times, places, and manner OF hoid'hs
elections for senators md Representatives small DO
prescribed in each state by the Legislature thercoi'
but tho Congress may at any time, by law MAKE VI
alter such regulations, except as TO the places Oh
choosing Senators.
Each House shall be the judge OF the eecuons'
returns and qualifications OF It's own members
These clauses are explicit and cover the cntire
question II the House OF Representatives Is to Judge
OF the elections returns, and qualifications OF us own
members 1t Is just proper, and necessary tha' ooh
gross should, by law, provide for the ascert""e"'
of the result Concerning the above quoted clauses
in the Constitution, James Madison, one OF the ie"her'
in framing the Constitution and In urging Its adoption
nv the people said THE necessity OF GeneraI
Government supposes that the State Legislatures viii
sometimes fail refuse TO consult the common interest,"
at the expense OF their local cohVemchoc' '"
prejudice The policy OF referring the appointment
OF the House OF Representatives to the people ana no
to the Legislatures OF the States supposes that the re-
suit will be somewhat Influenced by the MODE.
This view OF the question to decide that the
Legislatures OF the States ought not to have tho I'M
controlled right OF regulating the times, places ana
manner OF holding elections. These were woros Oh
great latitude. 1t impossible to loresee all 'he
abuses that might be made Of the Discretionary power
Whether the electors should vote BY ballot or viva
yoce: should assemble at this place or that place
+racteo o1l
place should all vote for all the Representatives or
all in a district vote for a member allotted TO the
district-these and many other points would depend
on tho Legislatures, and might materially anect inc
appointments Whenever the State Legislatures hso
a favorlte TO carry, they would take core 30
to mold Their regulations rs to favor the canddn'es
they wished TO succeed. Besides the inequality OF
the representation in the Legislatures OF particular
States would produce a like inequality in their
representation In tho National Legislature as
IL WAS presumable that the counties having
the power in the former case would secure 1t
to themselves the latter. What danger could there
be In giving controlling power to the National
Leglslature7 OF whom was It TO consist First, OF
a senate to be chosen by the state Legislatures
the latter therefore, could be trusted, their repre-
,entatives could not be dangerous. Secondly, Of
Representatives elected By the same people who elect
the state Legislatures surely, them II confidence is
due 70 the latter. 1t must be due ~ the former ~
seemed improper In principle. though 1t might d
less inconvenient In practice TO give TO ,ne S," !"
Legislatures this great authority over the elecnon o.
tho Representatives Of tie people in the Genera
Legislature, II would be to give the latter nht
power the election OF their representatives In the
state Legislatures
1t appears to be fact. then, that James Madison
to whom the Democrats now appeal, strongly favored
the clause in the Constitution to which the keguo
Leans appeal authority for the enactment. BY Con
gress, OF Law to provide for fair and honest cleo
| lions OF members OF Congress. As contemplated as
possibility by Mr. Madison the state Legislatures O
many OF the States have aled, az the expense Of the
fair elections for Represen atves In Congress, and
the legitimate remedy is for Congress to pass neces
sary law. Can there be a doubt that Mr. Madison
| II living, would favor It The election Of member,
of Congress, who to pass laws for the government
81 the entire UnOn Is In no sense local matter, tht
| people in any district In Maine Oregon being IN
tercsted in the proposition that every Representative
choice OF the majority OF the legal voters in each
district. HONEST AND FREE ELECTIONS.
New-York, June "a, 1902.