Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-10-13
sEsesal ELECTIONS lass.
nsstssfy SpsssA u csasssss@ss DasssIs u
msw vest.

tends 70 weaken the toUn1Ail9n Oh pnfcl
our government rests. II this government
IL 70 be msin,sined AMI peYpstaas~d. il mus
be by means Of the purity Of the ballot DO.
and Of the ballot. There is no other aitern
alive. sDless ths laws i'll insure and secnr
the fair expression Of the viii Of the people
90 far " the disposition Of our elections !
concerned.
-
We are 10 remember in This discussion
Thar these laws have been there, 80 far u
they are noe the subject OF special sttaei
ldurins this debate and by the bill which hAi
been brought before the House for Its con
sitisra alton, for Period Of up~ards Of TWEEN
Ity years.
Therefore, they repeatedly. 50 far q,
these isvs have been the subject Of eonsid
ration by the people, bad their approsa
| from time 20 time down certainly 70 tbs
tiDs when the Chicago convention vas held
that nomin ated Mr.. Cleveland for the ot'ics
~ President of the United Stats Then
| Tor the Afst time vas hostility Developed t.
IL. rrisencr % these laws; and Il has oe' q
insisted upon this floor that IN conformity
v ith the resolutions that were then adopted
these laws shoaLl BE- stricken from the
statute BOOK Nov We have presented the
| ars, objection which has been raised to the
maintenance and existence Of these Law.
apon the BAH Of the Constitution itself.
We are told by the learned gentleman from
| Virginia Mr.. Tucker AMI the gentlema
from Georgia Mr.. LAWSON. who has Just
address seed the House, that these laws arr
unconstitutional, that there is no provision
10 the Constitution that will permi, Congress
20 enact such laws, and maintain them "A
they have been enacted and maintained fol
this period Of twenty years. IL this position
be correct; II We are rightly told that the
Constitution 10 30 restricted in its power
that laws Of this description can not be
maintained by the enactment Of Congress
then undoubtedly it follows that they should
be at orce swept from the statute books.
| But before this is done, we should look
carefully and closely to the Constitution OF
the United States and those of its provi
sion. which appear to bear on the enact
nient Of laws and regulations of this de-
scription. II Gill be remembered at the out
set, and 10 the course of consideration OF
this subject. that these laws were enacted
simply to affect and protect the elections SC
far as they apply TO members Of the House
of Represent atiyes. They do not interfere
in any degree or in any respect with the
election Of state officers.
| Whatever the officer may be, he is entire
" beyond the reach of the provisions con
tanned in these statutes. There has beer
no attempt by means of or in the execu
ton of these laws to affect anything except
the election of members of Congress and
delegates coming to the House of Repre-
sentatives from the different territories OF
the country and this, it would be supposed
as mere matter of expediency, would be q
proper thing for Congress to take into con
sideratioD aud to maintain from invasion by
legal enactment for the purpose Of securing
its own existence and the election of mem
bers of Congress by the deposit and the use
of q legal as distinguished from a mere H.
legal ballot. All that Is attempted here Is
simply te secure the return of members OF
this House who shall fairly represent the
honest ballots of their own constituents
| It has been said, in the progress of the
argument. that the, .ss interfere with the
state officers in the different states. | fail
to see, looking to the statutes themselves,
any enactment whatever. either expressed
or implied, that has anything TO do with the
officers of the state exercising authority
under their local laws. Such was not the
purpose of the statutes; but IL was simply
- require that the elections, whenever they
were held for members of Congress OF
delegates in Congress. should be controlled
and conducted in conformity with the laws
of the different states, and that no person
| should be allowed to vote unless he de-
| posted a legal bsllot in the ballot box.
| That Is the entire extent to which this leg
isla,ion has proceeded and | cannot see
where it relates TO officers who are TO cxcr-
| Else public functions for the benefit OF the
! people at large that Congress has no power
| 10 enact such law because the Constitution
has not conferred this authority upon the
body. We must look to the Constitution
ana look TO i, carefully for this purpose
and when we look at the Constitution We
lind such provision in the original docu-
! ment which WAS sanctioned by the action of
the people when they adopted this Constltu-
! ton ss the foundation of their government.
twas foreseen by the convention which
| framed the Constitution that u crisis might
possibly arise when the states would be de-
| relict in the performance Of their duties
and when. by abuses of the elective fran
chise such as have been complained of in
the large cities of our country, to say moth
| ing about the condition of affairs i'll the
Southern states which has been referred 10
| here--it was foreseen, say, that
contingency might arise when it would be
necessary that some action should be taken
| by Congress in order to vindicate the right
of election and to secure an honest repre-
| sentstion Of the will of the electors through
the intervention of the ballot box.
| Now. what is the provision which we find
at the very outset relating to this subject OF
the election of members of this House and
which was adopted and approved, as have
SAID not only by the convention. but by the
people who adopted the Constitution of the
| limited States, and has been msinta ned
without dissent in that Constitution for 3
period of nov over one hundred years?
| road section four of article one of the Con
stitution. which provides
| The times, places and manner of holding
| elections for senator's and representatives.
shall be prescribed in each state by the
| Legislature thereof: but the Congress may
! Al any time by law make or alter such reg
ul.,ions, except IS to the places of choosiDg
senator's.
| A criticism has been passed upon the
words employed here, and it hiss been
| claimed that the lsngusge cid rot include,
and did not intend TO iaclude, the condnct
/ of elections That it WAS intended to in
eluie the times and places where elections
| might be held of course IS free from all
possibility of doubt or misunderstanding,
anil il is only ~ to the signiicances of the
words manner of holding elections" that
| any doubt or criticism can arise. IL hes
| been suggested, as have stated, that the
power TO regulAte the manner Of hoi'i z
elections" does not include the sbility or the
power on the part OF Congress TO regulate
the right to vote. the manner in which the
| vote shall be received or inspected, or tie
manner in which the officers appointed under
She is~s of the [ nited Ssats .hsll discharge
their duties in seeiag that the State laws
are fully carried into effect in the election
of u,s mbers of Congress.
This. suggest to the House, il alto
gether too narrow = construction. 1t has
not been the received or accepted cou-truc
| ton Of this 8. ct;o1 of the Constitution =,
any tine during the history of our govern
ment. Neither Is ii supported BY the Ian
euase Of this portion Of the Constitution.
| Ii y i'll be borne in mind that the Conssisu-
tion has provided thas Congress ''msY n
any time BY a~ make or alter such
II saiations" What is the NEAR
| ing of this word regulations p
| Why. il means the rules and rrru-
TORS tia, are TO govern the cordErt Of -"
/ election. II the words "manner Of ho d.
ing elections" leave any doubt upon this
subject, takiog them in tl.eir fair and rea-
sonAbie import, there can be zone when
this latter branch of the subdivision is
considered. which vests in Congress the
power to alter or C snge the regulations