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
Under the general provision of the Constitution (sec. 4, Art. I)
Congress in 1866 passed a comprehensive law which prescribed full and
detailed regulations for the election of Senators by the legislatures
of the several States. This law has been in force almost thirteen
years. In pursuance of it all the members of the present Senate of the
United States hold their seats. Its constitutionality is not called
in question. It is confidently believed that no sound argument can
be made in support of the constitutionality of national regulation of
Senatorial elections which will not show that the elections of members
of the House of Representatives may also be constitutionally regulated
by the national authority.
The bill before me itself recognizes the principle that the
Congressional elections are not State elections, but national
elections. It leaves in full force the existing statute under which
supervisors are still to be appointed by national authority to
"observe and witness" the Congressional elections whenever due
application is made by citizens who desire said elections to be
"guarded and scrutinized." If the power to supervise in any respect
whatever the Congressional elections exists under section 4, Article
I, of the Constitution, it is a power which, like every other power
belonging to the Government of the United States, is paramount and
supreme, and includes the right to employ the necessary means to carry
it into effect.
The statutes of the United States which regulate the election of
members of the House of Representatives, an essential part of which
it is proposed to repeal by this bill, have been in force about eight
years. Four Congressional elections have been held under them, two of
which were at the Presidential elections of 1872 and 1876. Numerous
prosecutions, trials, and convictions have been had in the courts of
the United States in all parts of the Union for violations of these
laws. In no reported case has their constitutionality been called in
question by any judge of the courts of the United States. The validity
of these laws is sustained by the uniform course of judicial action
and opinion.
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