Year: 1879

oh oho toPuolicdn sue. Iney tell US
these laws shall be wiped out" because
they are unconstitutional. Go back, sir
in your recollection to 1861. Did they
not tell us it was unconstitutional for
Abraham Lincoln to put down the re-
bellion !? Did they not tell us it was
constitutional to call out the troops to
preserve the flag and the country !? The
same cry is now raised that these laws
are unconstitutional.


had intended to reply to one gentle
man from Ohio, but my time is running
out. Cries of $50 on!'' The gentle
man from Ohio, Mr.. Hurd, I believe it
was said:


Have gentlemen who have considered
this question. read recently section 2,
article |. of the Constitution, which de-
clares that the House Of Representatives
shall be composed of members chosen
every second year by the people of the
several States, and the electors in each
State shall have the qualification requi-
site for an elector of the most numerous
branch of the State Legislature


The gentleman, am told, is a good
lawyer. He read this clause from the
Constitution. and then, with an air of
triumph, added:


1t is the most numerous branch of the
State Legislature that determines the
qualification of electors, and not the
Constitution of the United States.


Why, my dear sir, if it is not the
Constitution of the United States that
determines the qualification what did
you read the Constitution of the United
States for in order to support your prep
osition 4? Laughter and applause on the
republican side. Is it the most numer-
Gus branches of the State Legislature
that qualities and determines an elector ?
Not at all but the Constitution of the
United States, by the voluntary act of
its trainers, selects the elector for the
most numerous branches of the State
Legislature as a standard by which to
prescribe the qualification of electors for
the House of Representatives. The
State has nothing to do with it; the
State constitutions have nothing to do
with it; the Legislatures of the States
have nothing to do with it. 1t all reach
es back and centers and grounds itself
in the Constitution of the United States,
and from that it is impossible for you
to get away.


Now, Mr.. Chairman, believe that
every lawyer on this floor may come to
this conclusion, and | am satisfied that


= r. L. lad
down and got to thinking about the Con-
stitution and its powers, had come to
the conclusion that every legal mind
must come to, that his position is ille-
gal, illogical and absurd. But I have
not time to pursue this thought.


Now, again, Mr.. Chairman, as in
1861 and '65, the democracy must rule
or the Government is to be wrecked.


When the people voted-and | tell my
democratic friends that I do not claim
this as original-when the people voted
want of confidence in the democratic
party and decided to transfer the Ad-


minlstration of the Government to other
hands, they went to war for four years
for the purpose of destroying the Gov
ernment in which they could no longer


rule. And now when, by the methods
: and policies to which l have adverted
the republican seats upon this floor from
the South are about empty. and when
the same men. who started in search Of


their rights in 1861 and who are in a
large measure in search of the same
rights to-day by little different meth
cd, have returned to this floor, they do
: not propose an armed resistance. Not
i, at all. | do not believe there will be


another armed rebellion in fifty years
While will not remember the anecdote,
l will suggest-and several gentlemen
q on the other side will appreciate it


that they have seen enough through the
, cracks to satisfy them on that subject
+ and they will not try it again. But the


policy is, Mr.. Chairman, to come bach
f here at the end of eighteen years. and
| unless they can rule just precisely il
b the way and by the methods and through


the channels that they desire to rule
f they propose now, as was stated by th'
distinguished gentleman from Ohio, tt
starve the Government to death.


n The intimation, sir, has been throw
out that the President of the UniteC
% States. unless he adopts the policy tha
d the democratic Congress may adopt, viii
become a revolutionist and violate tn
y Constitution. 1t was said by one gen
st tleman the other day that the veto pow
D, er was vested in by the President fo
T. the purpose of preventing unconstitu
v tioual legislation. Now | do not den
Ii that the President may consider tn


question of the unconstitutionality {
,e any measure in considering bill whett
i. er he shall approve or disapprove of i
a. | do not deny but that the Presider
IN may veto bill simply because he b.
or lieves it is unconstitutional. But | hay
ht always understood, and do understan
q now that the veto nnMer is vested