Year: 1879

Republican party have declared the only
true constitutional position can be found
NOW, sir, venture to assert that underly.
ing the whole argument on tho other side
arc TWO assumptions first, that the war
has so developed the independent existence
OF the Federal Government, as distinguished
from the States, as to give it greater power
larger influence, and more direct interest
IN Congressional elections than it possessed
before second, that the Administration, as
the representative of that party which cleo.
ted it and in control of the Federal machin.
cry, is bound to use that power and influ-
snae,in tho protection of these interests.
In other words, that the privileges and pre-
rogatlves OF the States are to be obliterated
not by force, but by thesubtler though not less
destructive influences of two great national
parties using the powers of the Federal
government as weapons Of party warfare


NOW, do not propose to make any con-
stltutional argument on this subject. 1t is
sufficient for me to say that I hold


THE FORM AND CHARACTER OF OUR Gov


ERNMENT


to have been unaltered by the late war, and
that the mutual relations of the General
Government and the several Stltcs of the
Union remain precisely as they we're when
the Unlcn was formed hold that
the recent constitutional amendments
have wrought no change in these rela-
tions and in these views. am sustained
by the language of the Supreme Court of
the United States in the case of the Collcc-
tor vs.. Day, reported in the eleventh Wal
n In \
llvcring the opinion of the Court, used the
following language:


Ihe general government and the State,
although both exist within the same terito.
rial limits. arc separate and distinct sovereign
tics acting separately and Independently of
each other within their respective spheres.


In the same decree the ensuing words are
used


Such being the serarate and independent
condition of the States in our complex sys.
tenn, as recognized by the Constitution, and
the existence of which is so indispensable
that without them the General Government
itself would disappear from the family of
nations, &c.


l maintain, therefore, that


THE CONSTITUTION HAS NOT BEEN


CHANGED


in its essential features, by the late amend
ments, and that it is therefore now What it
was before the war, so that when the coun-
try demanded the preservation of the Union
by restoration Of the States it meant such
a Union and such States as the Constitu.
tlon recognized. Can any advocate of q
strong government, which is but another
term for Capitalization, suppose for one in.
slant that the founders of our Republic
contemplated or would have couutenanccd
the exercise of such powers by the Federal
government ae are claimed for it by the
legislation ne are seeking to repeal Does
any senator here believe that this is q
safe, wholesome condition of public affairs !?
Putting aside all extreme theories of State
rights, does not every senator recognize the
fact that one of the elements of our political
Safety has been the manner in which local
State interests have acted and reacted within
the States upon national politics, so that
until just before the war we never have had
great national patics which divided the
country between them simply on Federal
issues. Local influences had always to be
considered. But if in the future we are
to have only great national parties in behalf
OF one or the other Of which the admins.
tration is to interfere directly, we are on
the high road to a consolidation even more
dangerous because more violent and varia-
BILE than recognized change in the gov.
ernment


My objection, therefore, to this lcgisla-
ton which the war called forth is not its
immediate danger. 1t is not the actual
army which / fear or its direct inA.sses.-
But do most strenuously object to any
legislation which affords any excuse or jus.
tification to the government that it has the
right or interest in any way or in any de-
gree. to interfere with the perfect freedom
of elections. The roughncss or even riot
of an election is no greater than any other
violation Of the peace and no State in this
Union is without ample means of suppress
sion. And if the State authorities are un.
able or unwilling to do their duty, you have
not now, you will not have for generations
to come, an army strong enough to take
their place. 1t is better so better that in
one or two great cities, nay, in one or two
great States, there should be temporary tur-
bulence, confusion, than that in the whole
country there should be military despotism.
Congress has the right to decide who shall
take his seat as representative and who
shall take his seat as representative and