190 



CONGRESS, UNITED STATES. 



trol of the election of members in the States. 

 In 1870, 1871, and 1872, when the Republican 

 party was in power in both branches of Con- 

 gress, they seized upon this whole subject; 

 they forced upon the States the ballot system, 

 which many of them do not like, and which 

 produces more fraud in one day than the tira 

 wee system will in a hundred years, as those 

 of us who have lived under both systems well 

 know. Wo hear more of fniud, corruption, 

 ballot-box stuffing, and intimidation in a single 

 contested-election case in this House than the 

 whole State of Kentucky furnishes in all our 

 elections for State officers during twenty-five 

 ywn, 



"Is it wise for this House to interfere? 

 What is the object? Congress has thus inter- 

 fered to direct the States as to the time when 

 they shall elect their Representatives, fixing a 

 uniform day, thereby throwing the power and 

 control of the Federal Government, with its 

 innumerable supervisors and deputy-marshals, 

 into the State elections which occur on the 

 same day. Then came the legislation provid- 

 ing for supervisors and deputy-marshals, of 

 whom we have heard so much. Complete 

 machinery has been provided by the central 

 Government here to dominate the States in 

 their elections. I am opposed to this inter- 

 ference on the part of the Government with 

 the States, even for the purpose of dictating to 

 them that they shall elect by districts. It is 

 inconsistent with the theory upon which our 

 Government is based. If you will go back and 

 look at the history of that provision in the 

 Constitution under which this action is had, 

 you will find that nine out of the thirteen 

 original States which adopted that Constitu- 

 tion adopted it with the distinct understanding 

 that Congress never would exercise that latent 

 power except for the purpose of self-preserva- 

 tion, as in cases where a State refuses to elect 

 Representatives, or from some other cause 

 could not. 



"Under what section of the Constitution, 

 Mr. Speaker, does Congress claim power to 

 pass these clauses regulating the elections of 

 Representatives by the States ? There is but 

 one in these words : 



44 The times, places, and manner of holding elections 

 for Senators and Representatives shall be prescribed 

 in each State by the Legislature thereof; but the Con- 

 gress may at any time by law make or alter such reg- 

 ulations, except as to the places of choosing Senators. 



"And no provision of that instrument aroused 

 so much opposition to its adoption by the States 

 as this. Nearly all the conventions placed upon 

 record their solemn protest against its use be- 

 ing ever resorted to, except as a matter of self- 

 preservation. Opposition was not confined to 

 sections. In fact, State rights had its birth and 

 earliest propagandist and defender among the 

 New England States and around Plymouth 

 Rock. Massachusetts, in her convention, said : 



" The convention do, therefore, recommend that the 

 following alterations and provisions be introduced into 

 the said Constitution : 



44 SECTION 8. That Congress do not exercise the pow- 

 -tcd ill them by the fourth >ection of the iinst arti- 

 cle, but in cases when a BtuU' .shall m-irlect or refuse 

 to make the regulations therein mentioned, or shall 

 make regulations subversive of the rights of the peo- 

 ple to a free and equal representation in Congress, 

 agreeably to the Constitution. 



41 Thus it will be seen the old State of Mas- 

 sachusetts, always zealous of her rights as a 

 State, left a record to future Congresses, in the 

 following language : 



44 And the convention do, in the name and in behalf 

 of the people of this Commonwealth, enjoin it upon 

 their Representatives in Congress, at all times, until 

 the alterations and provisions aforesaid shall have been 

 considered, agreeably to the fifth article of the said 

 Constitution, to exert all their influence, and use all 

 reasonable and legal methods, to attain a ratification 

 of the said alterations and provisions, in such manner 

 as is provided in the said article. 



4t I will take South Carolina next, and part 

 of the record of her convention, which adopted 

 the Constitution for her people : 



44 And whereas it is essential to the preservation of 

 the rights reserved to the several States, and the free- 

 dom of the people, under the operations of a general 

 government, that the right of prescribing the manner, 

 time, and places of holding the elections to the Fed- 

 eral Legislature, should be for ever inseparably an- 

 nexed to the sovereignty of the several States', this 

 convention doth declare that the same ought to remain, 

 to all posterity, a perpetual and fundamental right in 

 the local, exclusive of the interference of the General 

 Government, except in cases where the Legislatures 

 of the States shall refuse or neglect to perform and ful- 

 fill the same, according to the tenor of the said Con- 

 stitution. 



<4 It is grandly sublime to study the history 

 of those times and men after a new nation had 

 been born, to note the unanimity of sentiment 

 of their jealous vigilance for the rights of the 

 States and the people. The instruction of the 

 convention to its Representatives in Congress 

 is of no doubtful meaning, namely : 



44 Resolved, That it is a standing instruction to all 

 such delegates as may hereafter be elected to represent 

 this State in the General Government to exert their 

 utmost abilities and influence to effect an alteration of 

 the Constitution conformably to the aforegoing reso- 

 lutions. 



11 The State of New Hampshire follows next, 

 whose conventions took under consideration 

 this particular section of the Constitution, and 

 upon her record are found the following em- 

 phatic entries: 



41 The convention do therefore recommend that the 

 following alterations and provisions be introduced into 

 the said Constitution : 3. That Congress do not exer- 

 cise the powers vested in them by tie fourth section 

 of the first article but in case when a State shall neg- 

 lect or refuse to make the regulations therein men- 

 tioned, or shall make regulations subversive of the 

 rights of the people to a free and equal representation 

 in Congress; nor shall Congress in any case make 

 regulations contrary to a free and equal representation. 



" And the convention do, in the name and in be- 

 half of the peopje of this State, enjoin it upon their 

 Representatives hi Congress at all times until the al- 

 terations and provisions aforesaid have been consid- 

 ered agreeably to the fifth article of the said Constitu- 

 tion, to exert all their influence and use all reasonable 

 and legal methods to obtain a ratification of the said 



