148 



CONGRESS, UNITED STATES. 



have been committed, not only in North Caro- 

 lina, where it was recently necessary to call out 

 a military force to protect the people at the 

 elections, but in other States of the South ; and 

 that in more than one city of this Union enor- 

 mous frauds have been perpetrated upon the 

 ballot-box. I regret that, in the discussion of 

 a grave question like this, one that underlies 

 our republican system, there should be mani- 

 fested any party spirit or party feeling, ^sub- 

 mit that we ought to come up in a spirit of 

 patriotism and all agree to the enactment of 

 whatever laws may be necessary to secure a 

 free and untrammelled ballot. 



" And now a few words as to the constitu- 

 tional power to enact this bill. The gentleman 

 from Pennsylvania (Mr. Woodward) contends 

 that we have no power under the Constitution 

 to pass this bill. Sir, I will call the attention 

 of the House to provisions of the Constitution 

 which, in my judgment, clearly authorize the 

 enactment of this bill. Section four of article 

 one of the Constitution provides : 



The times, places, and manner of holding elections 

 for Senators and Kepresentatives shall bo prescribed 

 in each State by the Legislature thereof; but the 

 Congress may at any time by law make or alter such 

 regulations, except as to the places of choosing Sen- 

 ators. 



" Then, again, it is provided that Congress 

 shall have power 



To make all laws which shall be necessary and 

 proper for carrying into execution the foregoing 

 powers, and all other powers vested by this Constitu- 

 tion in the Government of the United States, or in 

 any Department or officer thereof. 



" Then the fourteenth article of amendments 

 to the Constitution provides 



That no State shall make or enforce any law that 

 shall abridge the privileges or immunities of the citi- 

 zens of the United States. 



"And it also provides that 

 Congress shall have power to enforce, by proper 

 legislation, the provisions of this article. 



" Under the provisions I have read, Con- 

 gress could provide officers to conduct the elec- 

 tions of Representatives in Congress. Under 

 these provisions Congress may define and pun- 

 ish crimes against the exercise of the elective 

 franchise in the election of Representatives in 

 Congress. 



" Then, sir, the power to make regulations 

 as to the 'times, places, and manner ' of hold- 

 ing elections for Representatives in Congress 

 carries with it the right to define penal offences 

 against the exercise of the elective franchise. 

 There can be no doubt of the power of Con- 

 gress on this subject. The idea that Congress 

 cannot protect the national Government in the 

 election of the very officers who are to make 

 its laws is supremely ridiculous and absurd. 

 No government ever yet lived that had not 

 necessarily and inherently, from the character 

 of its organization, the power of self-preserva- 

 tion, the power to protect itself from over- 

 throw. This power to preserve the purity of 



the ballot is simply the exercise of that in- 

 herent power, which this, like every other gov- 

 ernment, has a power higher, if possible, than 

 the Constitution the power of preserving its 

 own existence when that existence is threat- 

 ened by force or fraud ; and the highest crime 

 that can be known in a republican government 

 is that which seeks to rob the people of their 

 right of suffrage by frauds upon the ballot. 



k ' Sir, it is said that this bill authorizes the 

 aid of the military power of the Government 

 to be called in; and to this objection is made. 

 I do not say this bill adopts the best mode of 

 calling in the military aid. But, sir, this is 

 no new feature in the legislation of Congress. 

 "When it was deemed necessary to capture 

 fugitive slaves, there was no warning voice 

 raised from the other side of this Chamber 

 against the exercise of military power for that 

 purpose; and the Supreme Court of the Uni- 

 ted States declared that that legislation was 

 authorized by the Constitution." 



Mr. Bingham, of Ohio, said: "I desire to 

 offer a substitute for this bill." 



The substitute was to strike out all after the 

 enacting clause of the bill and to insert in lieu 

 thereof the following : 



That section twenty of the act to enforce the rights 

 of citizens of the United States to vote in the several 

 States of this Union, and for other purposes, ap- 

 proved May 31, 1870, shall be, and hereby is, amended 

 so as to read as follows : 



" SEC. 20. And be it further enacted, That if at any 

 registration of voters for an election for Kepresent- 

 atfve or Delegate in the Congress of the United 

 States any person shall knowingly personate and 

 register, or attempt to register, in the name of any 

 other person, whether living, dead, or fictitious, or 

 fraudulently register, or fraudulently attempt to reg- 

 ister, not having a lawful right so to do ; or do any 

 unlawful act to secure registration for himself or any 

 other person ; or by force, threat, menace, intimida- 

 tion, bribery, reward, or offer or promise thereof, or 

 other unlawful means, prevent or hinder any person 

 having a lawful right to register from duly exercising 

 such right ; or compel or induce, by any of such 

 means, or other unlawful means, any officer of regis- 

 tration to admit to registration any person not legally 

 entitled thereto, or interfere in any manner with any 

 officer of registration in the discharge of his duties, 

 or by any such means, or other unlawful means, in- 

 duce any officer of registration to violate or refuse to 

 comply with his duty or any law regulating the same ; 

 or if any such officer shall knowingly and wilfully 

 register as a voter any person not entitled to be re- 

 gistered, or refuse to so register any person entitled 

 to be registered ; or if any such officer or other per- 

 son whose duty it is to perform any duty in relation 

 to such registration or election, or to ascertain, an- 

 nounce, or declare the result thereof, or give or make 

 any certificate, document, or evidence in relation 

 thereto, shall knowingly neglect or refuse to perform 

 any duty required by law, or violate any duty im- 

 posed by law, or do any act unauthprized'by law, re- 

 lating to or affecting such registration or election, or 

 the result thereof, or any certificate, document, or 

 evidence in relation thereto ; or if any person shall 

 aid, counsel, procure, or advise any such voter, per- 

 Bon, or officer to do any act hereby made a crime, or 

 to omit any act the omission of which isherebvmade 

 a crime, every such person shall be deemed guilty of 

 a crime, and shall be liable to prosecution and pun- 

 ishment therefor, as provided in section nineteen of 

 said act of May 31, 1870, for persons guilty of any of 



