Year: 1874

1 VALIDITY OF ENtOIsIEMbNi A1io nt'D '''''
FEDERAL ELECTION LAw-THE REMEDY Foh
| UNCONSTITUTIONAL LEGISLATION.


In the letter of George Tickn0r Curtis to
the Manhattan Club upon the OF iis congranla-
tory reception last week. he spoke OF the necessity OF


revision OF the statutes OF the United States, In ORDER
that all unconstitutional and unjust laws which In the
administration OF the last ten twelve years have Dcen
placed upon the statute book. might bc eliminated.


His views necessarily presented very briefly aud
complete expression OF them IL gwen below. Mr..
Curtis asked fully his views In regard
to the revision OF OF the legislation Of Congress-
in constitutional aspect referred to In his letter 10
| the Manhattan Club.


Mr.. Curtis-I had occasion TO write letter the Club
account for my absence from the meeting and in the
OF it took the opportunity to make the suggs
ton that there IL considerable mass OF legislation on
the statute book of the United States, put there cay
within the past ten twelve years. which ought to be
revised carefully in reference to its constitutional
validity. made this suggestion because believe there
has been and growing feeling that the powers OF
| the Federal Government have been strained beyond
their constitutional scope and meaning and because
now, that the people OF the country TO be deter
| mined to withdraw their support from the Radical
party, which has governed the country or long period
of time, 1t seemed opportune to make an effort to


impress upon public mind the necessity for restCr-


ing the Constitution to Its Just supremacy The truth is
that the Government. TO use familiar illustration, IL
OFF the track OF the Constitution and the wheels ought
| to be restored the rails.


O. You did not refer this legislation excepting in
| general termsi


Mr. Cmtis-I did GO details, because had not
space to do might have specified the laws known
the Enforcement acts the Federal Election
| law, the whole Of that class OF laws which
have thrown improper distractions in the way OF


individuals getting proper redress for injuries by public
ocers the whole of that class OF laws although they
not numerous which created corporations other
mOnOpoles to be exercised within the States, and
pecaly might have adverted to the Legal Tender
which, although it belongs partly 10 the domain OF
finance belongs most unhappy to the other domain Of
constitutional questions WITH regard TO the Enforce
ment acts, wish to make discrimination. see that


great deal Of advice doubt from the best Of motives


lie offered to the Democratic party not to counter 10
what are called the great results of the Now tue
results OF the war; far as they affect individual rights
had been fixed by three amendments OF the Federal
Constitution One of them abolished slavery the other
made all natiyebOrn persons citizens Of the United
States without regard to COLOR or previous con-
dtion OF servitude, aud the third made 1t impossible for
any State to withhold the right Of suffrage from
citizen OF the United States account Of his color
previous condition of servItude. There can be no
going behind these amendments and no attempt TO
overturn the great principles which they have estab
Ished. legislation which has been adopted aud
put operation under the preext of enforcing these
amendments is altogether another matter. regard


large part Of IL not only uncaed for by the amend





the text spirit, purpose of those amendments; and
the use which has been made Of this legislation the
South Autumn by the present Administration ought
adlnonsh the country how dangerous II is TO the
peace OF the Southern States and to anything like
harmony between the whites and the blacks TO have


statute book which be used for political
purposes in the manner in which these laws have been
| used


withregard to Federal Election law, consider it
to be- in of its features. entirely unconstitutional
aud entirely unnecessary. There Is no reason what
ever in my opinion, why the State laws not sui.
clent for protecting the purity and honesty o: elections
when members OF Congress to be chosen well as
when any other public officers to be voted for II Is
true that Federal Constitution gives power Con-
regulate the time. place. and manner of holding
elections OF Representatives to Congress- when Con-
gress deems 1t necessary to alter regulations that
subject made by the States But this neither authorizes
nor renders necessary great deal OF the machinery
which has been devised by these Federal Election laws
for supervising and inspecting these elections We
necessarily taxed for the OF executing
State Election Jaws. Why should We be taxed double
triple this amount for another and more
numerous set of Federal officers TO do the
thing An enormous amount or money is spent
every year by the Federal Government in the execution
OF this Federal Election law, and. in my opinion spent
for no earthly purpose excepting to provide army Of
temporary ohice-holders who may help to carry eec-
tons for party purposes. There another respect
which hold this Federal Election law TO be grossly
constitutional 1t throws the Federal Judge whose
duty makes TO Ill the appointments under 1t a duty
which is judicial In its nature, and which brings the
court into direct contact with political atIIr ana with
affairs which are merely administrative IA thcir nature,
its proper judicial business This feature ot me law
makes it to particularly odious because think II
duties which Congress has authority to require them
perform. II certainly is no exercise OF the Judicial
power OF the United States require the 10 make
appointments of public officers whose functions are
purely political and administrative.


In making the suggestion which did IN my Manhat
tau Club letter, with reference to kind of reform
which think the Democratic party ought 10 undertake
when il has the power, was naturally influenced by
the tendency OF my studies and ions, which
lead me to know good deal about Federal legislation
many years to refer every thing to the proper standard
Of constitutional power. There Is no way In which
OF limited sr ana ashned ne can Ge kep'
sttuon according the established rules winch govern
construction OF all laws and by excluding he opln
ions OF individuals political parties TO what the
Constitution ought TO mean hope the time has come,
Constitution win prevail In pace OF The loose. ntxac
aud irrational manner In which Il has been Interpreted
by the Radical party that has been il pow 50 long


Q. What do you think would be the poper course u
pursue In order 10 reach 0 objects at which you have
h:nted l.


taken. Probably the best would te report by one OF
the Judiciary Committees OF Congress, which should
thoroughly e mime the existing legislation WITH view
TO ascertainug and setting forth how Iar It ranscends
the proper limits or constitutional powers ana now Tar
its constitutional validity doubtful o. course, there
has been a great deal OF legislation, which has
out Of the Incidents requirements, ana pcuIar con
dtons of the sta.e OF civil war, which has entirely
snent its force which has been executed to speak,
and wheth did did not yapscend lust eonsttu-
tiona limits would not within the scope uf such
inaury refer only Laws that In OpC ration.
illustration OF laws that have spcnttheir force ana
been fully executed so IL longer material
necessary to consider their Constitutional validity, L
may refer the whole system OF the Reconstruction
acts SO called The Southern states have been
structed under them and the most part their
Ling past aud gone and OF course inc results
are not 70 De disturbed But the laws to which have
suecally referred and In regard to which want 20