Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-10-13

tLEs4 tks12 eLUtkfN-hsA3. AZ - FA-k g>eS1
! which foIssrs IT TIE eIsse- The srovIsase
10 tia: ssths cenzfsss nssy ct any tine. sy
lar. nshs or alter saeh regulations, s< sefs
- TO the places Of choosing sersGcrs.T
Il yoz if 5. fsrsi lar prIaeipis, NOT ony OF
the construction ct language. bat Of the I'm
ass1xnaing Of A5zasgs in the popular
n Gee, tass shsre gsaereI language 10 used,
/, aad thSs sE eIcepi3n IL nsss.s 70 that gen.
erai lznzssze. felio~ias ,he sxpressIon of
il. fhs exception IL the Only thing that is ex-
eissiest BY me ans Of lie of Tie lstfm sfretn
the srset Of the zsnsrzl eIp,ession- La this
ease therefore, We have The convention and
tas Csssfit1iiJa. rrsITBS - that Congress
nav BY Law aites thsse state regulations ez-
eept ~ to the place of choosing senator's.
That l. the exception, IL i the eniy exception
/ from the generality Of this language, and
the I.nzasge, zs hare already sail, 10 81
the bro.isst significance, being made TO in
Glade all the regulations under which cleo
tons may be held.
Now, ne are not standing alone upon car
eva construction of this prosisios of siss
Constitutions IN maintaining thas these lass
we're eonsitufionally enacted; se have the
unanimous decision Of the supreme court
: of ths United States in The case Of en- pdfte
Yzrbroash .ancg.onIng ;his eonstrnetiOn %
the Const.Iutsou-not. perhaps, eonssruins
particularly this provision, but proceeding
upon general principles, including this aha
other provisions, And Recognizing Il as
J necessary for the safety and maintenance
ami psrpetuity Of q free government that
Legislative authority Of this character should
J be vested 10 the Congress Of the United
States.
Before bringing 10 the attention OF the
H0nse the language of the court in thai
decision. wish 10 say that this case vas
decided without any dissent on the part OF
aHy member OF the supreme court Thief
was no dissenting opinion. and from the
report there appears TO have been no DIS
.entiog vote Of any justice Of the court. 10
that every member If the court is ASSUMED
to have cOnrarretl ia thu coneiusioes which
were announced in the decision. IL Is not,
therefore, q cas-. 10 which, as has been 81
zssted. the people have reversed the dsci-
sion. They have not con itered the deeision,
but As loyal ciiz rs of this great public
IS we'll ss II the states, they cOnenr h
maintaining the authority of the courts OF
the United States 10 the final AMI the safest
srbiter of the principles AMI construeI.on
Of the Constitution Of the United States.
That there may be no possibility OF say
ing that this decision was made by the
judges from the Northern states. who did
not represent Southern interests, desife
further to call the attention of members Of
the House to the fact that among the gem
tlemen who At that time constituted the
court was n distinguished judge from 81
Southern state. whose conduct and whose
decisions have met the approval of the peo-
pie of the United States, and who was GER
tainly the peer Of any of his associates on
the court Of which be was Distinguished
member. l refer to Mr., Justice William
Il. Woods, q member Of the court from a
Southern state. who certainly did honor TO
the position occupied by him. and vindi-
Gated his loyalty to the Constitution OF the
United States.
But passing over the fact that he was a
Southern man. we have further the concur
renee of Mr.. Justice Stephen j. Field, who,
as q matter of history, looking over the de
ci.ions Of the supreme court Of the United
States, has been scrupulously careful N pre-
venting. and dissenting sgainst,any possible
extension by construction of the principles
of the Constitution of the United States
that might be ipimical to any Southern IN
tcrest that may afterwards be affected by
the decision. man who was appointed BY
President Lincoln, / believe, and has
served longer than any other living justice
who was q member of the court, and has
always been ready and scrupulousiy care
fal to restrict the appl cation of the Con
stitution, 30 far ~ it might have any posi-
bic prejudice or DISADVANTAGE TO the inter
ess of the Southern portion OF the coun
try. and to stand as squarely and strongly
on the maintenance of the doctrine Of states
rights as any other member has stood in
that court since he was member of 1t.
The opinion in the case in question was
delivered by Mr.. Justice Miller. who vas
member of the court. also appointed, ! be
leve, by President Lincoln, and who, IN his
determination Of questions coming before
the court, is regarded as u fair and jus5 e1
FOUNDER of the Constitution of the United
States
Mr.. Cannon of Illinois. And born in
Kentucky.
MIR. Daniels continuing Giving II
such construction rs was entirely impair
tat 40 far as the public interests were con-
cerued, and applying it only. in the deter
Ininatlon of the court, in conformity with
the language fair construction placed on
the langusge-of the Constitution.
!
tice Miller say in this case; And il
vas not case where there was any
dissent msde bv any member Of the
court because he had trsnsgsessrd the
limits of the case that was then before the
court. twas understood by the supreme
court apparently, in their agreement with
NJ. Justice Miller's opinion, that the sub
! iect of the power of Congress to enact these
avs was presented then and there and must
~ determined in the disposition of thu o. Sc.
Now, in reviewing the case Mr.. Justice
Miller says-and | will only read bfi~hy
from the opinion, for the purpcs" of -ho' ng
| th,t not only Justice Miller. but MI the
| other members of the court agree with he
opinion be delivered in regsrA 10 this J. U.s.
/ latian as within the fair limits OF tho Com
.,i.ution of the United States.
| He says:
| That government whose essents'icharIc is
| Republican whose executive head SUD legisH we
! body are both elective, whose most numerous aud
30 erfnl branch of the Legislature il elec Cd by
| ibe people directly. has no power ~ appr 4 lie
Laws to secure this election from the ish'e' &c OF
yiols nee of corruption aud of frana il IFoposl-
iion 80 startling to arrest attention and deln I'd
/ the grasest consideration. II this governura' is
! ANYTHING more than mere aggrf gaion Of dele
gated agent. of other states and governments eacn
! 81 which il superior 10 the general GoNcrnnth II
! must have the power 10 protect the elections
|
corruption. II II has not this po~cr II Is left help
less before the two great natural and historical
enemies Of all republics. open violence aud insid-
/ ious corruption
Then further on
! win II he denied that it ia In the Power ~ at
/ BODY TO provide laws fer the proper .ondr't Of
{ those elections2 To provide. il Necessary, the
! officers who shall conduct them and makH return
OF the re.ut7 And especially to provide. N An
election held under ts authority. for security
B OF hfe aud limb TO the voter while IN the tN"rrise
of this Junction. Can IL be doubted That org Pss
cav bv law protect the act pf voting, IN" =. ace
/ where II il done and the man who v1t > rom
ersrnaI yiolencr or intimidation and The election
B | arlf from corruption sBd fraud2 u this r. so.
and {, il not doubted, such powers annusied
because election for state ei'c r IS hein the
( same me and pIsces /. it any the less iispor-
tsnf that the election of members of Congress
3 should be the free choice Of all the electors be
cause state officers are 10 be elected at the same
| time2
! these questions answer Themselves. and it is
only because the Congress OF the United otates,
q rough long habit ana long years of forbesrance,
has In Difference and respect 10 the states, re-
Trained from the eNerci OF these powers, thar
they are now doubted. But when in pursuance of
a new demand for action, that body { did in
tbr cases iust enumerated. finds 1t necessary to
n-ke additional laws for the free. the pure, and
the safe exercise of this right Of voting they stand
upon the same ground and are 10 be upheld for
tho same reasons.
J Again -
{ II this were conceded. the importance TO the
neral government of usTiug the actual election
the voting for those r enahers-free from force
aud fraud. is not DIM aished by the circumstance
l hat the qualification Of the voter il determined
hy the Law of the state where he Ii egaa iv
affects the government. it is as Indispensable 10
the prprer discharge Of the grea; function OF leg
slating for that government. mat those who 70