A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
History
A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
Hayes, Rutherford Birchard, 1822-1893; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The true meaning and effect of the proposed legislation are plain. The
supervisors, with the authority to observe and witness the proceedings
at the Congressional elections, will be left, but there will be no
power to protect them, or to prevent interference with their duties,
or to punish any violation of the law from which their powers are
derived. If this bill is approved, only the shadow of the authority of
the United States at the national elections will remain; the substance
will be gone. The supervision of the elections will be reduced to a
mere inspection, without authority on the part of the supervisors to
do any act whatever to make the election a fair one. All that will be
left to the supervisors is the permission to have such oversight of
the elections as political parties are in the habit of exercising
without any authority of law, in order to prevent their opponents from
obtaining unfair advantages. The object of the bill is to destroy
any control whatever by the United States over the Congressional
elections.
The passage of this bill has been urged upon the ground that the
election of members of Congress is a matter which concerns the States
alone; that these elections should be controlled exclusively by
the States; that there are and can be no such elections as national
elections, and that the existing law of the United States regulating
the Congressional elections is without warrant in the Constitution.
It is evident, however, that the framers of the Constitution regarded
the election of members of Congress in every State and in every
district as in a very important sense justly a matter of political
interest and concern to the whole country. The original provision of
the Constitution on this subject is as follows (sec. 4, Art. I):
The times, places, and manner of holding elections for
Senators and Representatives shall be 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 Senators.
A further provision has been since added, which is embraced in the
fifteenth amendment. It is as follows:
SEC. 1. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by
any State on account of race, color, or previous condition of
servitude.
SEC. 2. The Congress shall have power to enforce this article
by appropriate legislation.
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