154 



CONGRESS, UNITED STATES. 



"But tins provision itself was predicated 

 and grounded upon the necessity of the Gen- 

 eral Government preserving its own existence. 

 It was the first law of the Constitution, as it is 

 the first law of Nature, that a man shall have 

 the power to defend himself, to preserve his 

 own existence ; and so it was necessary, as 

 they alleged, that this power should ultimately 

 be placed in the General Government, but in 

 the first place in the States. Why was it placed 

 in the power of the States at all? Could not 

 the Convention in this Constitution have di- 

 rected the election of members of Congress to 

 be held at a particular period which might 

 have been stated? Could they not have made 

 some other provision for the first election? 

 Sir, it was because the people thought, and it 

 was inculcated upon them by the framers and 

 defenders of the Constitution, that this power 

 should be given to the States to be exercised 

 by them, and that it should only be resumed 

 by the General Government whenever the 

 States intentionally refuse, or by neglect should 

 omit, to order elections, or where, by reason 

 of an invasion of the country, the elections in 

 the States could not be held at the places and 

 at the times which the State laws had pre- 

 scribed; and when an enemy possessed a 

 State, or a part of a State, Congress, in this 

 case of extremity and necessity, might appoint 

 the time, place, and manner of holding the 

 election in order to perpetuate its own ex- 

 istence ; for if there be no House of Represent- 

 atives, the General Government must neces- 

 sarily be dissolved. There is no power to lay 

 taxes and to originate appropriations but the 

 House of Representatives. That being an es- 

 sential part of the Government, it was abso- 

 lutely necessary that under extreme circum- 

 stances the power should be lodged somewhere 

 of continuing the existence of that House. 



"But what is proposed by this bill? You 

 propose to send United States marshals to 

 superintend State registrations and elections 

 held and regulated by State laws. You pro- 

 pose to make them spies and informers upon 

 State officers and authorities. You propose to 

 prescribe the manner in which these State 

 officers shall perform their duties, and to pun- 

 ish any one by fine and imprisonment who vio- 

 lates a law of a State. You assume the right 

 to write upon and identify the books and 

 papers of judges and registration-officers; to 

 challenge persons offering to register; to mark 

 upon the book such challenges; to challenge 

 voters at elections ; to inspect and scrutinize 

 at all times during the election the manner in 

 which the voting is done and poll-books kept ; 

 to scrutinize, count, and canvass each and 

 every ballot ; to remain before and behind the 

 ballot-boxes ; to have appointed marshals, 

 deputy-marshals, and special deputies without 

 number, and in their discretion, before or after 

 registration or voting, to arrest and take into 

 custody, with or without process, any person 

 Ivho shall in their judgment commit any of- 



fence under this act. It punishes any one who, 

 by authority of any sovereign State, shall ob- 

 struct these high functionaries of the Federal 

 Government in performing their duties as 

 they may choose to understand them; and 

 any who shall not in humble submission get 

 out of the way in their ' full and free access 

 and egress to and from any such place of regis- 

 tration or poll of election ; ' and also punishes 

 any one ' who shall refuse to aid and assist any 

 supervisor of election, or the marshal, or his 

 general or special deputies, or either of them, 

 in the performance of his or their duties, when 

 required by him or them ; ' and shall be sub- 

 ject to immediate arrest without process, and 

 on conviction to be punished by imprisonment 

 not less than one year nor more than two years, 

 or by fine not less than one thousand nor more 

 than three thousand dollars, or by both fine 

 and imprisonment, and to pay the costs of 

 prosecution! Every special deputy is to be 

 paid five dollars per day ; and in case any citi- 

 zen shall sue any of these high dignitaries in 

 any of the State courts for assault and battery, 

 or false imprisonment, or if any grand-jury 

 shall indict any such Federal officer or deputy 

 for an offence against the peace and order of 

 the State, the defendant, at his mere will and 

 pleasure, without an affidavit, can put all the 

 State courts at defiance, and remove his case 

 to a United States court, distant from the 

 scene of outrage and oppression, and in which 

 the jury is to be selected by a partisan officer 

 in full sympathy and accord with these super- 

 visors, deputies, and special deputies, and over- 

 seers of State elections. Did any bill ever 

 before presented to an American Congress 

 contain snch a catalogue of oppressions and 

 enormities as that under consideration? The 

 alien and sedition laws of the elder Adams 

 were mild and benignant compared with the 

 provisions of this bill. They were intended as 

 aids to prop a failing Administration; these, to 

 perpetuate party ascendency under the guise 

 of a disposition to prevent or punish frauds. 

 The first proved to be a lever to overthrow 

 those whom they were intended to subserve ; 

 the latter will contribute much to the discom- 

 fiture and destruction of a party which, for 

 partisan ends, will inflict so many and such 

 dangerous wounds upon the Constitution of 

 the country and the liberties of the people." 



The bill was reported to the Senate without 

 amendment, ordered to a third reading, and 

 read the third time. The question being taken, 

 resulted as follows : 



YEAS Messrs. Abbott, Ames, Anthony, Boreman, 

 Buckingham, Carpenter, Chandler, Cole, Conkling, 

 Corbett, Cragjn, Edmunds, Gilbert. Hamilton of 

 Texas, Hamlm, Harlan, Howard, Howe, Howell, 

 McDonald, Morrill of Vermont, Nye. Osborn, Pome- 

 roy, Pool, Pratt, Kamsey, Eevels, Kobertson, Boss, 

 Sawyer, Scott, Sherman, Spencer, Stearns, Stewart, 

 Warner, Williams, and Wilson 89. 



NAYS Messrs. Bayard, Blair, Casserly, Fowler, 

 Hamilton of Maryland, Johnston, McCreery, Miller, 

 Thurman, and Vickers 10. 



ABSENT Messrs. Brownlow, Cameron, Cattell, 



