May 13, 1912 (3)

The SPEAKER pro tempore. Does the gentleman from Mississippi yield to the gentleman from Illinois?

Mr. SISSON. I regret that I can not.

Mr. MANN. I will yield to the gentleman two minutes out my time.

Mr. SISSON. With that understanding, I will yiel<J. to the gentleman.

Mr. l\!ANN. The gentleman from Missouri has agreed . to yield to me time, and I ask him to give to the gentleman from Mississippi [Mr. SISSON] two minutes out of the time promised to me.

Mr. RUCKER of Missouri. Certainly; I will do that. .l\1r. Speaker, I yield two minutes to the gentleman from Mississippi. The Lodge bill, to which the gentleman referred, related to the election of Members '- of the House of Representatives, did it not?

Mr. SISSON. Only to Members of the House of Represental\Ir. l\IA~TN. And this resolution, as passed by the House, not propose to change that part at all, does it?

Mr. SISSON. No, sir.

Mr. l\IANN. So that even if the resolution should pass in the in which the gentleman advocates it, the Lodge bill, if reenacted, would still be constitutional.

Mr. SISSON. It would be constitutional. So that all the argument the gentleman makes about the Lodge bill falls to the ground, because no one is offering to change the constitutional authority which was bethe Lodge bill.

Mr. SISSON. But the point in the Lodge. bill was that at that time it was killed in the Senate; but if the same majority could controlled the Senate that controlled this House, then the will and the political exigency would have existed there existed here, and the result would have been that it would become a law.

That would not make any difference. It is the question of power that the gentleman is talking about.

l\1r. SISSON. Now, in concluding these remarks I want to that if this amendment becomes a law, in time of stress and storm the desire to pass a Federal election bill will be multiplied tenfold, because then you can control both branches of Congress, whereas if you can only control one branch the passage of such a law would be remote, because under the present Constitution you could not affect the Senate by a force

Mr. RUCKER of Missouri. l\Ir. Speaker, I yielu five minutes my colleague from Missouri [l\fr. HAMLIN].

Mr. HAMLIN. Mr. Speaker, I do not know that I will occupy the time which has been allotted to me, but I do want to make this observation: If there is any one thing that I think people of the whole country, regardless of party, are demanding to-day, it is that United States Senators shall be elected by direct vote of the people. [Applause.] I think we not be mistaken on that proposition.

This conference report is not as I would like to have it. I sure it is not as the chairman of the committee in charge of bill in the House would have liked to have had it, but I . sure that it is the very best that he could get. We can not our eyes to the fact that there is scarcely any legislation of a general nature that is not the result of a compromise, and I believe that the imagination of some gentlemen here, who preto see great evil to flow from this legislation, is not founded real facts .

yield to no man in this House in my admiration for the South. I was born there, and I lived there for several years of life. l\Iy father was a Confederate soldier for four years, lived in the South during the reconstruction period. · I heard him describe conditions there at that time, and read of it, and naturally I have an abhorrence for the conditions that existed there at that time, but I am charitable enough to believe that every man on this floor, regardless of politics, agrees with me that such a condition could not again exist in this country. The people of the North would not tolerate it. I do not believe there is any danger of a return to that condition of things in this country. [Applause.] I do not believe that :Members upon this floor, however strenuously they protest, believe, deep down in their hearts, that such a condition will again exist in the South. It seems to me that the gentleman from Wisconsin [Mr. Cooper] hit the nail on the head a few moments ago when he asked the gentleman from Georgia [Ur. BARTLETT] if there was any interference now by the Federal Government in the election of Members of this House, or if he anticipated any interference, or felt that there might be any. l\Ir. BARTLETT. If I may interrupt the gentleman. there is no interference now, because the law that authorized it was repealed in 1894. '

Mr. HAMLIN. But the law that governs the election of Members to this House now will be the same law that will govern the election of United States Senators if this conference report is agreed to.

Then the gentleman from Wisconsin [1\fr. COOPER] asked the gentleman from Georgia, if that be true, why does he anticipate that any interference would be had in the election of Members of the other branch of Congress.

l\fr. BARTLETT. If a Democratic majority pass this sort of a bill, there is no telling what a Republican majority may do.

.Ur. HAMLIN. It seems to me this is a tempest in a teapot. All the change the Senate made in the resolution as it passed this House is the striking out of this one provision :

That the times, places, and manner of holding elections for Senators shall be prescribed in the several States by the legislatures thereof. Otherwise the law is left as it exists to-day. Now, it is up to us. Do we want to give the people a chance to amend the Constitution so as to permit them to elect the Senators by a direct vote?

We can not deny the fact that the Senate has emphatically refused to submit this constitutional amendment in any other form than that reported in this conference report, and it is up to us to say whether or not we are going to yield to the demands of the people of this country and give the States an opportunity to adopt this amendment, if they want to adopt it, or refuse to agree to this conference report and thereby defeat the whole proposition. I am in favor of adopting this conference 1·eport. [Applause.]

Mr. FAISON. If the gentleman from Missouri is so much in favor of this resolution now, why did he go on record against it repeatedly in the last Congress?

l\Ir. HAMLIN. The gentleman certainly was not listening to the first part of my remarks, or he would know that I said I very much · preferred the resolution as we passed it in the House, not so much on account of the difference in the provisions as that it left it absolutely clear, so that there could be no question about the right of the States to control these elections. I believe the States ought to have that right. I believe they will have the right under this amendment in case it is adopted, but if we could have gotten it through as we passed it in the House, then there could have been no question about it.

Mr. FAISON. Will the gentleman yield again?

Mr. HAl\fLIN. Yes.

Mr. FAISON. The gentleman well knows that the law is not a question of what he believes it is, but it is a question of what the law is. If the gentleman prefers to have it stay Mr. HA.ML.IN. I understand the gentleman's question. It is more to satisfy just such friends as the gentleman from North Carolina is that I would like to have it as the House passed it, so that he could sleep well at night and not be uneasy.

Mr. FAISON. You admit that you much prefer this?

Mr. HAMLIN. I say I would prefer to have it pass just as · we passed it in the House, so there would be no doubt about what it meant; but I do not share with the gentleman the fear that, in case this proposed amendment should become a part of the Constitution, there would be any interference by the Federal Government in the election of United States Senators. I want to say, so far as the South is concerned, and I say it to the everlasting credit of the South, that in the last few years the scandals that have arisen over the election of Members o:f the United States Senate have not originated in the Southern States, but have originated in the States of the North, which are not afraid of this resolution in its present form. [Applause.]

.Mr. COLLIER. Will the gentleman yield 7 l\lr. HAMLIN. Yes.

l\Ir. COLLIER. The gentleman says that he is really in earnest in his desire to see Senators elected by direct vote of the people?

Mr. HAMLIN. I am.

Mr. COLLIER. Does not the gentleman know that this amendment was put on the bill for the absolute purpose of defeating the election of Senators by popular vote?

Mr. HAMLIN. I do not know that that was the purpose of the amendment, and I would hesitate to impugn the motives of the Senator who offered it But if it was his purpose, it is in our power to fool him, and I hope that . we will do so. I know very well if we fail to agree to this conference report that there will be no constitutional amendment providing for the election of United States Senators by direct vote of the people for years to come. . I am hoping that the good people of the Southern States will see that it is for their interest and the interest of the whole country-and they are patriotic-that . this proposed amendment is written into the Constitution of the United State's. When we do that the other body will be very much more responsive to the will and desires of the people than it is Now, I hold no brief in defense of my colleague from Missouri, Judge RUCKER. He needs no defense; he is amply able to take care of himself. But I want to say, however, that I know from all that he has said on this floor and in private conversation that his desire and earnest wish has been to have the Senate agree to the resolution as it was passed by this House ; this he was unable to accomplish, and he feels it his duty, and I think he is right, to the great body of the people in this country, who are the real authority-we are only the agents here to represent them-he believes that it is his duty to report here a resolution to be submitted to the States of the Union and give them the opportunity t o amend the Constitution if tJ;ley wish; and tP.erefore he has made the motion that this conference report be agreed to.

You may criticize my colleague about changing his position upon this question, but we who know him know that he is only anxious to respond to the earnest desire of the people of the country for this reform, and when he can not get just what he wants he has the courage to take the best that he can get, and then take the people into his confidence and tell them that he did the best he could for them. We who know him do not doubt his good intentions, and the people of Missouri have confidence in him, and the people of this country will applaud him for what he has done. [Applause.]

.Mr. RUCKER of Missouri. Mr. Speaker, I yield five minutes to the gentleman from Wisconsin [Mr. LENROOT].

Mr. LENROOT. Mr. Speaker, it is going to be determined to-day by this House whether a great reform long demanded by the American people is to be granted or not. The responsibility is not going to rest on the Senate. If it shall fail it will rest on this House. If it shall fail because of a lack <>f two-thirds vote the responsibility will not rest upon this side of the aisle to-day, but upon the other side of the aisle. I know that there are Members upon that side who propose to vote against the concurrence in the Senate amendment who believe that they can say ta the American people that the Senate is to blame for the failure of this great reform. But, Mr. Speaker, it will not lie in the mouth of any Democratic Member to make such a charge, for the very purpose of this amendment-the reason for it-is that there is . a conviction upon the part of the American people that the Senate does not represent the American people as it should, and you will not be able to go before the people and say "these men who are misrepresenting the American people a.re to blame because this resolution was not adopted."

There has been a great deal of debate upon the merits of this proposition, but I am not going to take any time upon it now. I do want to insert in the RECORD a short paragraph from the report of the constitutional convention which I have not heretofore seen used, and it is interesting. · r quote from Madison's papers, page 813:

Mr. Dickinson moved that Senators be chosen by the legislature. He said; as a reason, he wished the Senate to consist of men most distinguished for their rank in life and their weight of property and bearing as strong a likeness to the membership of the House of Lords as possible, and he thought such characters more likely to be selected by the State legislatures than in any other mode.

Mr. Speaker, there were prophets in those days. It will not do for anyone who votes to defeat this resolution to-day to say that this kind of men are to blame for the failure of it and not this House. ,

Now, l\Ir. Speaker, I have listened with great interest to the remarks of the gentleman from Georgia [Mr. BAR'l'LETT] and those of the gentleman from Mississippi [Mr. Sisson], and to hear these gentlemen, Mr. Speaker, one wonders whether in their minds the war is over or not. Why, 1\Ir. Speaker, whenever anything like the statements that have been made here to-day are made in this House by Members on this side, they have been deprecated on that side of the House. Only the other day the gentleman from Wisconsin [Mr. Cooper] quoted from a speech by Mr. Garfield, where reference was made to the late war, and he was immediately criticized on that side of the House. Mr. Speaker, wh~ is raising the question of sectionalism now with reference to this resolution? If this reso­ safety . lution should be finally adopted, as you gentlemen want it adopted, that matter of sectionalism will become more or less of an issue in every State of the Union, and you men from the South will be responsible for it.

There is no such thing as sectionalism now. We have a united North and South, and I want to see it remain that way, and that is why I want to remo-ve this question of sectionalism from this question and favor the motion of the gentleman from Missouri. (Applause.]

Mr. ADAl\ISON. Mr. Speaker, I regret to observe that distinguished gentlemen who on other subjects and other occasions exhibit considerable acumen appear at this time to be utterly unable or entirely unwilling to differentiate between the limited difficulty and danger of Federal interference with elections by State legislatures on the one hand, and the much dreaded and much more easy and infinitely more dangerous intermeddling with popular elections held in the States. That is the essential difference which appears to me plain enough for anybody to see between the two propositions before- the House. I am perfectly satisfied with the existing provision of the Constitution as operating and intended to operate on elections by the legislature, but a radical change is proposed, which introduces new methods and invites new dangers. It is proposed that the Senators shall be chosen by direct ·rnte of the people of the States, not of their own volition but by constitutional mandate. Those States which really desire the election of Senators by the people have provided for it by primary elections. Others, if they should come to desire it, could adopt the same method; but it is · insisted that all States can not or will not do it, therefore it is necessary to change the plan through an amendment to the Constitution and compel all States to select Senators by popular election. We are willing to have that and have -voted for it. The only condition we placed upon it was the fair and reasonable provision that the States should determine the time, place, and manner of election . The reasons for it were manifest in this House, which passed the measure with that qualification by an overwhelming majority . It is strange to me that the leaders in charge, who are now beating a retreat, should ha-ve persisted in that course if it was erroneous thereby delaying action for a whole year . They say we were right and still protest that they desire the resolution in the form originally adopted by this House, but they say we are whipped, that we can not carry it our way, and that-therefore we ought to surrender and vote with our opponents to put the wrong upon us. That is not my theory of waging war, practicing law, or practicing statesmanship. If wrong finally prevails over me I will probably submit after the die is cast, but I will ne-ver consent and contribute to my own destruction by voting with the other side to run over and demolish me. That would be a species of self-destruction bordering on suicide, of which I will never be guilty.

The Federal Government will never have constitutional authority to intermeddle with popular election of Senators in the pact. States until the amendment is adopted. If we vote it down we may secure one in proper form, as we first adopted it. It is very poor tactics to dally along with the Senate and give them to understand, either expressly or tacitly, that if they do not yield we will. It is the fault of the Senate, aided by the vacillating weakness of our own leaders, if this resolution goes through in its amended form, which, in my judgment, will be infinitely worse than defeating the amendment. If we would defeat the resolution of the gentleman - from Missouri and let the Senate know we mean it, the Senate will either recede and pass the unamended resolution now or leave the matter open, so that action _ can be secured in the future. I for one wm not vote to foreclose the matter and pass thereby down to the States a resolution which, in its amended form, is a stultification of ourselves, an insult to American intelligence, a departure from American principles, and a dangerous-experiment, fraught with possible calamity to our country and its institutions, nor . are my apprehensions confined to my own section. 'rhe failure of reconstruction, the assertion of our manhood, and the survival of our civilization to illustrate Americanism in this country and ultimately dominate its statesmanship and civilization demonStrate the inability of Federal interference to hurt us. But there are States in this Union in which the character of the population and conditions in their large cities bid us f?it up and take notice. They nre now represented by men committing the fatal error of voting to bring upon them the evils which we seek to avert. I shall vote for the Bartlett resolution. Failing in that, I shall vote against the resolution of the gentleman from Missouri, leaving the field open for wiser and better action in the future, when wiser and better counsels prevail in both Houses . I fear that too much politics at this time imperils our

Mr. RUCKER of Missouri. Mr. Speaker, I yield to the gentle ­ man from Missouri [Mr . DICKINSON].

[Mr . DICKINSON addressed the House. See Appendix.]

l\Ir. RUCKER of Missouri. Mr. Speaker, I yield to the gentle ­ man from West Virginia [Mr. HAMILTON].

[Mr. HAMILTON of West Virginia addressed the Hous2 . See Appendix.]

Mr. MONDELL. Mr . Speaker, . my good friend the gentleman from Georgia [Mr . BARTLETT] and I generally find ourselves in agreement on questions touching the relative powers, jurisdic ­ tion, and sovereignty of the States and the Federal Government, but in the matter now before us I am · unable to admit the soundness of his premises to follow his logic or agree with his conclusions.

The gentleman from Georgia prides himself on the jealous care with which he would guard the sovereignty of the people within the States. In that attitude I commend him and gen ­ e r ally agree with him. But the difference between the gentle- • man from .Georgia and myself seems to be that while I insist upon the maintenance of the division of authority, power, and responsibility established by the Constitution, and would maintain it as established, the gentleman from Georgia appears to be insistent that the balance established by the Constitution shall be modified and changed in the direction of enlarging the power e.nd authority of the State and in the same degree curtailing the jurisdiction of the Federal Government.

The gentleman from Georgia may be able to persuade himself that this proposed amendment to the Constitution in the form before us would extend and enlarge the powers of the Federal Government. but I do not believe that he will be able to persuade any considerable number of people that such is the case. What the proposed amendment would accomplish, to wit, the election of Senators by popular vote, the people gener ­ ally desire; and t his is the only change in the Constitution, direct or indirect, which the measure as presented by the conferees would accomplish.

As modified by the amendment proposed by the gentleman from Georgia, this amendment to the Constitution, if adopted, would indeed give the people an opportunity to elect their Senators directly; but it would at the same time take from the Federal Government the authority it now has with respect to the election of Senators . Where my friend from Georgia and I part company, therefore, is at the point where he proposes to curtail the jurisdiction of the Federal Government. The Constitution as it stands, as the fathers drafted it, is in this respect good enough for me. ‘The balance of power between the States and the Federal Government, as the fathers fixed it, is satisfactory to me; but the gentleman from Georgia, who in one breath talks eloquently of keeping the faith, in the very next breath would deny the faith by breaking the terms of the com­ '!'his is a very simple matter; the people throughout the coun ­ try have expressed a desire to elect their Senators by direct popular vote. So strong is the sentiment in favor of such a plan that many States have sought to accomplish indirectly what could not be accomplished directly without a change in the Federal Constitution . In response to the demand, voiced from all portions of the country, Congress addressed itself to the consideration of an amendment which, if adopted, will gi-ve the people just what they seem to desire in this matter . No dis· turbance of the balance of sovereignty and jurisdiction between the States and the Federal Government is involved, or would have been thought of, except that certain gentlemen, who seem anxious to disturb and readjust the relations which the Constitution established between the Nation and the S ates, seem to feel that this was an opportune time to accomplish it; but, fortunately for the country; there is sufficient pa trioti~rn on both sides of the aisle to override a view which would deny the people the right to elect Senators by direct vote unless a further provision, which no considerable number of our people have ever demanded, should be agreed to.

Gentlemen will not succeed in their efforts to rehabilitate the thin and faded ghost of Federal interference with local election in connection with this matter. The people will not be deceived; they desire an opportunity to elect their Senators !Jy direct vote, and their demand that they be gi,en this ovportunity has nowhere been coupled with n demand that at the same time the constitutional balance between the States and the Nation shall b:e disturbed. In my opinion, an attempt to deny the people that which they insist upon in connecti'on with the election of Senators, on any such flimsy pretense, will be no more successful in Georgia or in Texas than in Wyoming . 01' Massachusetts.

l\lr. RUCKER of Missouri. l\Ir. Speaker, I yield to the gentleman from California [Mr. RAKER].

[Mr. RAKER addressed the Hom:e. See Appendix.]

Mr. RUCKER of Missouri. l\fr. Speaker, I yield to the gentleman from Alabama [i\Ir. HoBsoN].

l\fr. HOBSON. l\Ir. Speaker, I am heartily in favor of the general proposition . The evolution of political institutions requires that the Government should gradually come more and more to the people and come more and more under their direct control That evolution has gone on in this country for over 100 years without any provision having been made in our organic law to meet it. It is my judgment that the time has come not only to put the . second House of our legislative branch under the control of the people, but to put the executive . ve branch, which is now two degrees removed, into the direct control of th . e hands of our people.

But I will not discuss that phase of the question. I am in favor of taking action now that will insure the submission of this amendment. [Applause.] The part of the amendment that provides for the qualifications of electors for Senators guarantees the complete control of the electors in · each State by the State itself. [Applause.] That part of the bill is fundamental and protects the States against danger of Federal interference. The power of Congress to control the time, place, and manner of -election is really only an incidental matter in comparison with the control of the qualifications of electors. I was in f rrvor, and still am. in favor, ol the amendment in the form in which it was reported by the House, and I wish it could have been adopted in that form, but I do not believe that a question that is not fundamental should be allowed to endanger the ultimate passage of the measure. I want to say to my friends on this side of the House who are worried o-ver the Bristow amendment that I feel deeply in this matter, and am in sympathy with them on the broad proposition of protecting the States in their rights, but I do not have any misgivings about the Federal Government of the United States imposing upon any section of the United States. [Applause.] I do not believe it will enter the heart of one American citizen in 10,000 to employ Federal troops, or any other form of coe1·cion, upon any section in the United States. [Applause.] The Federal Government is nothing but an instrument of all the States, and the Southern States themselves make up a considerable part of the number of all the States.

all BARTLETT. May I ask the gentleman a question?.

Mr. HOBSON. Certainly.

Mr. BARTLETT. Is not the gentleman aware that the advocates of this particular amendment in the Senate stated that the purpose of the amendment was that the Congress should have the power to control the election laws of States such as the State of Alabama, that provided a grandfather clause in its election laws?

1\Ir. HOBSON. I will say to the gentleman that fortunately the wishes of such men did not ultimately prevail even in reconstruction days, and certainly could not prevail now. . [Applause.]

l\fr. B.A.RTLETT. I will say to the gentleman, because Alabama, like Georgia and Mississippi. asserted her right to supremacy under the law and above the law.

Mr. HOBSON. I have confidence in all the American people Mr. COOPER. to abide by the Constitution. and when this amendment, insuring to each State the right of imposing the qualifications of the electors, becomes a part of that organic law, no matter · what might be the desires of individual Members of the other branch or of this branch for that matter, to the contrary, it would be physically impossible far the Federal Government--

Mr. BARTLETT. l\lay I ask the gentleman a question?

The SPEAKER. The time of the gentleman has expired.

l\fr. BARTLETT. I yield'. to the gentleman from Alabama one minute, in order to answer a question.

The SPEA.h.'ER. The gentleman from Georgia yields to the pired. gentleman one minute--

Ur. RUCKER of Missouri. I yield to the gentleman from more. Alabama five minutes additional. ·

The SPEAKER. The gentleman from Alabama has six minutes.

Mr. BARTLETT. All right; I wl1.1 yield him the minute; I will stand by what I said. Now, does not the gentleman know that the author of this particular amendment in the- Senate, Senator BRISTOW, has stated that the purpose of the bill was · to control the eleetion of Senators in Congress, and he thought it did give the power to use the Federal Army and United States marshals at the polls?

l\1r. HOBSON. . I will answer the gentleman, and say that I am not acquainted with the personal wishes of Senator BRISTOW, whom the gentleman quoted, but I have been reliably informed by those in a position to know that the original purpose in refusing to accept the amendment on grounds held by the gentleman himself was to defeat the bill.

l\fr. BARTLETT. Do you think Senator BRISTOW desired to defeat the bill?

The SPEAKER. Does the gentleman yield to the gentleman from Georgia?

Mr. BARTLETT. I beg the Chair's pardon, Mr. Speaker. I

Mr. HOB~ON. I · will very gladly yield, and I will let the gentleman assume that I yield at any ti~e,_Mr. Speaker, so the gentleman can proceed without lo s of time.

l\fr. BARTLETT. I apologize to the Chair.

The SPEAKER. No apology is necessary.

Mr. BARTLETT. Does the gentleman believe that Se nato r BRISTOW offered this amendment for the purpose of defeating the election of United States Senators by the people?

Mr. HOBSON. On the contrary, I feel that Senator BRISTOW offered it in an good faith. [Applause.] But I have not the same confidence in the purposes of those who brought up the - sectional matter [applause], with regard to the ulti· mate--

Mr. BARTLETT. May I interrupt the gentleman?

Mr. HOBSON. C,ertainly.

Mr . . BARTLETT. The- gentleman's information as to what tlie views and purposes of those who offered this matter are a matter of entire indifference to me; but the gentleman ought to know-or does he know-that Senator BRISTOW once, like the gentleman from Alabama, voted against this particular amendment.

l\.fr. HOBSON. I do not know what Senator Bristow’s posi- · tion is. I know that to-day, if there were a chance of having the amendment in the form in which it came from our committee, , in which it passed the House, if there were any chance of having it in that for~ and the price was voting against it in its present fo1'ID, I would vote against it again in its present form. I prefer the form in which our committee reported it and which the House accepted, but that is not the real question now.

It is clearly a question of whether we will have it as it comes to us now or not have it at all. [Applause.] The gen ­ tleman refers to the power of the Federal Government to send troops, marshals, and others. That power will not be enhanced one jot or one tittle more than it exists to-day with regard to I elections for Members of this House. I am not in favor of having the Government exercise such power. I do not eve n like the thought of the Government holding the power of imposing Federal restrictions of any kind upon the election machinery or upon the local institutions of the States, but holding this power is nothing new . The power has existed since this Government began in just as complete a form as it would exist when this amendment is adopted. In my judgment, the very surest way to prevent the exercise of such power is to accept the Senate amendment and place the Senate in the hands of' the people. Then a generation would not elapse, as it has in this case, in getting the Senate to submit a legitimate reform demanded by the people. Then we might get an amendment that would take this power from the hands of the Government in respect to both Houses of Congress.

Mr. COOPER. Will the gentleman permit an interruption?

Mr. HOBSON. Certainly. I «gree with the gentleman that there is not the remotest probability of Federal interference in elections. The time for that has ' s long passed. But I do object to the statement so frequently indulged · in here that the election of a United States Senator-and the gentleman himself intimated it- ' is an affair of a State alone. The title of a Senator is " Sena· : tor of the United States,” from a State. A vote of a Senator 1 from Alabama is as potent in my district in Wisconsin as is the vote of one of the Senators from the State of Wisconsin,

The SPEAKER. · The time of the gentleman has again ex­

Mr. COOPER. I ask that the gentleman have two minutes

The SPEAKER. The Chair has no control over the time.

Mr. RUCKER of Missouri. I yield the gentleman two minutes additional.

The SPEAKER. The gentleman from Missouri yields the gentleman from Alabama two minutes- more. · l\fr. HOBSON. Mr. Speaker, it is largely to answer the gentleman from Wisconsin that I accept this much indulgence. I want to say · to the gentleman from Wisconsin in connection with my statement that, while I possess complete confidence in the United States, af. which my State is a part, I believe the integrity, the prosperity, and the perpetuity of the United States depend more upon safeguarding the principle of local .self-government in the individual States than upon any other principle of government [Applause.]

Mr. RUCKER of Missouri. l\Ir. Speaker, how much time have I used?

The SPEAKER. · The gentlemrui from Missouri has used 44 minut e s.

Mr. RUCKER of Missouri. Mr . .Speaker, I yield to the gentleman from Kansas [Mr. TAGGART] five minutes.

Mr. TAGGAltT. Mr. Speaker, this measure, prescribed in a disagreeable form, has been offered to this House as an amendment in the full faith and belief that it will not be adopted. It has been offered to the House as a disagreeable proposition. The election of United States Senators has been adv o cated by both parties in nearly every State in this Union. It has been • voted in the Senate, and it has been voted in the House. We are all for it, and yet there is attached to it a sort of supervisory control by the United States Government that was deliberately intended to make it obnoxious to this House.

The gentleman from Georgia [Mr. BARTLETT] an amendment which will relieve it of that obnoxious feature. I will vote for that amendment; and should that amendment fail, I will vote for the Senate proposition of election of United States Senators by direct vote of the people.

Do you realize that the United States now has power to superintend the election of each one of ns? That power was put into the Constitution by the framers of it. That power was exercised during what was called " “reconstruction days," but in 1894 every statute having reference to the election of Members of Congress was deliberately abolished by both Houses of Congress.

And as a part of my remarks I now wish to call attention and ask leave to have incorporated in the RECORD the act of February 8, 1894, entitled:

An act to repeal all statutes relating to supervisors of elections and special deputy marshals, and for other purposes.

A comprehensive series of statutes was repealed by that act, and there now remains no act on the statute books -0f the United States regulating the election of Members of this House except the act that was passed a year ago requiring each of us to give an account of moneys expended in candidacies for nomination and election.

The following is the act of February 8, 1894, referred to : An act to repeal all statutes relating to supervisors of elections and special deputy marshals, and for other purposes.

[A.ct of Feb. 8, 1894, ch. 25, 28 Stat. L., .36.]

[SEC. 1.] [Elect i on laws t·epealed-Eleetion supervisors and special deputi e s aboli hed] : That the following sections and parts of sections of the Revised Statutes of the United States be, and the same are hereby, repealed; that l,s to say, of title "Elective franchise," sections 2002, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 2015 2016, 2017, 2018, 2019, 2020, relating to the appointment, qualifi'cation' power, duties, and compensation of supervisors of election; and also sect.ions 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029 2030 2031, of same title, relating to the appointment, qualification 'power' duti e s, and com p ensation of special deputies; and also of title Crimes,” sections 5506, 5 511, 5512, 5513, 5514, 5515, 5520, 5521, 5522 55:Z~ but the repeal of the sections hereinbefore mentioned shall not operate S<> as to affect any prosecutions now pending, if :my, for a violation of any of the pro v isions of said sections ; and also part of section 643, as follows : " Or is commenced against any officer of the Uhited States or other person on account of any act done under the provisions of title 26, 'The elective franchise,' or on account of any right title, or authority claimed by any officer or other person under any of said provisioM." (28 Stat. L., 36.)

Revised Statut e s, section 643, above referred to, relates to the removal of causes from State to Federal courts against United States officers acting under color of office. See Judiciary.

Th e . sections of the Revised Statutes repealed by the above section are s e t out in the notes following section 3 of this act.

SEC . 2. [Gen e ral r epeal] : That all other statutes and parts of statutes relating in any manner to supervisors of election and special deputy marshals be, and the same are hereby, repealed. (28 Stat. L., 37.)

SEC. 3. [When C? t act takes effect] : That this act shall take effect from and aft e r its pa ssa ge. (28 Stat. L., 37.)

El e ction sup e r v i s ors and special deputy marshals abolished-Repeal e d sectio ns o f Revised Statutes.-The following are the sections of the R e vised S t atut e s repealed by this act:

"S EC . 2002. No military or naval officer or other person engaged 0 in the ci v il, militar y , or nayal s e rvice of the United States shall order bring, keep, or have under his authority or control any troops or armed men a t the pl a c e w here any general or special election is held in any State , unless it be n e cessary to repel the armed enemies of the United States • or to keep the peace at the poll s ." (Act of F e b. 25 1865 ch 52 13 Sta t . L., 437.) ' '

" SEC. 2005. Wh e n, under the authority of the constitution or laws of any State or th e laws of any Territory, any act is required to be don e as a prer e qui s ite or <lualification for voting, and by such constitution or laws persons or officers are charged with the duty of fur­ 434.) nishing to citiz e ns an opportunity to perform such prerequisite or to becom e qualified to vote, every such person and officer shall give to all citizens of the United States the same and equal opportunity to perform such prer~uisite and to become . qualified to vote." (Act oi Ma}' 31, 1870, ch. 114, 16 . Stat. L., 140.)

"SEC. 2006. Every person or officer charged with the duty specified in th.c preceding section, who refuses or knowingly omits to give - full el!ect to that section, shall forfeit the sum of $000 to the party aggrieved by such refusal or orulasion, to be recovered by an action on the case, with costs, and such allowance for counsel fees as the court may deem just." (Act of May 31, 1870, ch. 114, 16 Stat. L., 140.)

"SEC. 2007. Whenever under the authority of the constitution or laws of a.ny State, or the laws of any Territory, any act is required to be done by a citizen as a prerequisite to qualify or entitle him to vote, the ofl'.er of such citizen to perform the act required to be done, shall, it' it :fall. to be carried into execution by reason of the wrongful act or omission of the person or officer charged with the duty of receiving or permitting such performance or offer to perform, or acting thereon, be deemed and held as a performance in law of such act; and the person so ottering and failing to vote and being otherwise qualified shall be entitled to vote in the same manner and to the same extent as if he had, in fact, performed such act." (Act of May 31, 1870, ch. 114, 16 Stat. L., 140.)

" SEC. 2008. Every judge, 1nspectw-, or other officer of election whose duty it iB to receive, count, certify, register, report, or give effect to the vote of such citizen, who wrongfully refuses or omits to receive, account, certify, register, report, or give effect to the vote of s uch citizen upon the presentation by him of his affidavit, stating sud~ offer and the time and place thereof, and the name of the officer or person whose duty it was to act thereon, and that he was wrongfully prevented by such person or officer from performing such act, shall forfeit the sum of $500 to the party aggrieved by such refusal or omission, to be recovered by an action on the case, with costs, and such allowance for counsel fees a.s the court may deem just." (Act of May 31, 1870, ch. 114, 16 Stat. L., 140.)

" SEC. 2009. Every officer 0r other person, having powers or cuties has offered of an official character to discharge under any of the provisions of this title, who by threats or any unlawful means hinders, delays, prevents, or obstructs, or combines and confederates with others to hinder, delay, prevent, or obstruct any citizen from doing any act required to be done to qualify him to vote, or from voting at any election in any State, Territory, district, county, city, parish, township, school district, municipality, 01· other territorial subdivision, shall forfeit the sum of $500 to the person aggrieved thereby, to be recovered by an action on the ease, with costs, and such allowance for counsel fees as the court may deem just. 11 (Act of May 31, 1870, ch. 114, 16 Stat. L., 141 ; act of June 10, 1872, ch. 415, 17 Stat. L., 349.)

"SEC. 2010. Whenever any person iB defeated or deprived of his election to any office, except elector of President or Vice President, Representative or Delegate in Congress, or member of a State legislature, by reason of the denial to any citizen who may offer to vote of the right to vote on account of race, color, or previous condition of servitude, his right to hold and enjoy such office and the emoluments thereof shall not be impaired by such denial ; and the person so defeated or deprived may bring any appropriate suit or proceeding to recover possession of such office, and in cases where it appears that the sole question touching the title to such office arises out of the denial of the right to vote to citizens who so offered to vote, on account of race, color, or previous condition of servitude, such suit or proceeding may be instituted in the circuit or district court <>f the United States of the circuit or district in which such person resides. And the circuit or district court shall have, concurrently with the State courts, jurisdiction thereof, so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the fifteenth article of amendment to the Constitution of the United States, and secured herein." (Act of May 31, 1870, ch. 114, 16 Stat. L., 146.)

" SEc. 2011. Whenever, in any city or town having upward of 20,000 inhabitants. there are 2 citizens thereof, or whenever, in any county or parish, in any congressional district, there are 10 citizens thereof, of good standing, who, prior to any registration of voters for an election for Representative or Delegate in the Congress of the United States, or prior to :my election at which a Representative or Delegate in Congress is to be voted for, may make known, in writing, to the judge of the circuit court of the United States for the circuit wherein such city or town. county or parish, is situated, their desire to have su.ch registration, or such election, or· both, guarded and scrutinized. the judge, within not less than 10 days prior to the registration, if one there be, or, if n-0 registration be required, within not less than 10 days prior to the election, shall . open the circuit court at the most convenient point in the circuit." (Act of Feb. 28, 1871, ch. 99, 16 Stat. L., 433 : act of June 10, 1872, eh . . 415, 17 Stat. L., 348 . . )

" SEC. 2012. Th~ court, when so opened by the judge, shall proceed to appoint and commissi-On, from day to day and from time to time and under the hand of the judge, and under the seal of the court, for each election district or voting precinct in such city or town, or for such election district or voting precinct in the congressional district, as may have applied in the manner hereinbefore prescribed 1 and to revoke, change, or renew such appointment from time to time, two C'itizens, residents of the city or town. or of the election district or voting precinct in the county or parish, who shall be of different political parties, and able to read and write the English language, and who shall be known and designated as supervisors of election." (Act of Feb. 28, 1871, ch. W, 16 Stat. L., 433 ; act of June 10, 1872, ch. 415, 17 Stat. L., 348. ·

" SEC. 2013. The circuit court. when_ open~d by the judge as required in the two preceeding sections, shall there : from and thereafter, and up to and including the day following the day of election, be always open for the transactiol'l. of business under this title, and the power s and jurisd i ction hereby granted and conferred shall be exercis e d as well in vacation as in term time ; and a judge sitting at chambers shall have the. same powers and jurisdiction, including the power of keeping order and of punishing any . contempt of his authority, a.s when sitting in court." (Act of Feb. 28, 1871, ch. 9 9, 16 Stat. L., 433 ; act of June 10, 1872, ch. 415, 17 Stat. L .. 348.)

" SEC. 2014. Whenever, from arry eaus e , thj judge of the circuit court in any judicial circuit is unable \o perform and discharge the duties herein imposed 1 .he is required to select and assi g n to the performance there-Of, in nis place, such one of th e jud ges of the district courts within his circuit as he m a y deem be s t ; and ui;_> o n su c h selection . and ' assignment bebg made, the district jud g e s o desi gna ted shall perform a.n1f discharge, in the place of the circuit jud g e, all the duties, powers, and obligations lmpo ed and conf erred upon the c ir cuit judge by the provisions hereof. " ( A ct of Feb . 28, 1871, ch. 99, 1 6 St at. L .• " SEC. 2015. The preceding secti o n sb,all be con strued to authorize each of the judges of the circui t c o ur ts o f the United States t o designate one or more of the jud g es of the district court s with in his circuit to discharge the duties arising under this title." (Act of June 10~ 1872, ch. 415, 17 Stat. L., 349.)

" SEC. 2016. The supervisors of election so appointed are authorized and required to attend at all times and places fixed for the registration of voters, who, being registered, would be entitled to vote for a Representative or Del eg ate in Congre s, and to challenge any person offering to register ; to attend at all tim e s and places when the names of regis tered voters may be ma r ked for challenge, and to cause such names regist e r e d a s th e y may deem proper to be so marked ; to make. when required, the li s ts, or either of them, provided for in section 2026, and verify the same; and upon any occasion, and at any time when in attendance upon the duty herein prescribed, to personally inspect and scrutinize such registry, and for purposes of identification to affix their signature to each page of the original list, and of each copy of any such list of regist e red voters, at such times, upon each day when any name may be received, entered, or registered, and in such manner as will , in their judgment, detect and expose the improper ot· wrongful removal therefrom, or addition thereto, of any name." (Act of Feb. 28, 1871, ch. 99, 16 Stat. L., · 434.)

"S E;c . 2017. The supervisors of election are authorized and required to attend at all times and places for holding elections of Representatives or Delegates in Congr es s, and for counting the votes cast nt such ele ct ions; to challenge any vote offered by any person whose legal qualifications the supervis u rs, ot• either of them, may doubt; to be and remain where t-J1 e ballot boxes are kept at all times after the polls 436.) are open until every vote cast at such time and place has been counted. the canvass of all votes polled wholly completed , and the proper and r e quisite c e rtifi ca tes or returns made. whether the certificates or returns be required under any law of the United Stat e s, or any State, Territorial, or municipal law, and to personally inspect any rand] scrutinize, fr o m time to time , and at all times , on the day of election, the manner in which the v o ting is done, and the way and method in which the poll books , registry lists, and tallies or check books, whether the same are r e-J uired by any law of the United States or any State, Territorial, or municipal law, are kept." (Act of Feb. 8, 1871, ch. 99, 16 Stat. L., 434.)

“Sec. . 2018. To the end that each candidate for the office of Representative or Delegate in Congress may obtain the benefit of every vote for him cast , the sup e rvisor s of election are, and each of them is. required to personally scrutinize, count, and canvass each ballot in their election district or voting pr e cinct cast, whatever may be the indorsement on the ballot, or in wh a tever box it may have been placed or be found; to make and forward t o the officer who , in accordance with the provisions of section 2025, has been designated as the chief supervisor of the judicial district in which the city or town wherein they may sen-c, acts, suca certificates and returns of all such ballots as such officer may direct and require, and to attach to the registry list, and any and all copi e s thereof and to any certificate, statement, or return, whether the same, or any part or portion thereof, , be required by any law of the United States, or of any State, Territorial, or municipal law, , an y statement touching the truth or accuracy of the registry, or the truth or fairness of the election and canvass, which the supervisors of the electi o n , o r either of them, may desire to make or attach, or whi c h should prop e rly and honestly be made or attached, in order that the facts may b e come known." (Act of Feb. 28, 1871, ch. 99, 16 Stat. L., 43 4 .)

" S E C. 2019. The better to enable the supervisors of election to discharge their du t ies, they a re authorized and directed, in their respective election di s tricts or voting precincts, on the day of registration, on the day when registered ~ red vot e rs may be marked to be challenged. and on the day of election , t::> take, occupy, and remain In such pcsi tion, from time to time, wh e ther before or behind the ballot boxes , as will, In their j u d g ment , best e na ble them to see each person offering himself for regi s tration or offering to vote, and as will best conduce to th e ir s c rutinizing the manner in which the registration or voting ia being conducted; and at the clo s ing of the polls for the reception of votes they are required to place themselves in such position, in relation to the ballot boxes, for the purpose of engaging in the work of canvassing ~ in g the b allots, as will enable them to fully perform the duties. in respect to such canvass provided herein, and shall there remain until every duty in r e spect to such canvass, certificates, returns, and statements has be e n wholly completed.” (Act of Feb. 28, 1871, ch. 9!). 16 Stat. L., 435.) • · " SEC. 2020. When in any election district or voting precinct in any city or town, · for which there have been appointed supervisors of election for any election at which a Representative or Delegate in Congress is voted for, the sup e rvisors of election are not allowed to exercise and d is charge, fully and freely, and without bribery, solicitation, interference, hindrance, mol e s t ation, violence, or threats thereof, on the part of any person, all the duties, obligations, and powers conferred e d upon th e m by law, the supervisors of election shall make prompt report und e r oath, within 10 days after the day of election to the offic e r' who, in accordance with the provisions of section 2025, has been designated as the chief sup e rvisor of the judicial district in which the city or town wherein they s e rved, acts, of the manner and means by which they were not so allowed to fully and freely exercise and discharge the duties and obligations required and imposed herein. And upon receiving any such report, the chief supervisor, acting both in such capacity and officially as a commissioner of the circuit court, shall forthwith examine into all the facts; and he shall have power to subpama and compel the attendance before him of any witness, and to administer oaths and take testimony in respect to the charges made ; and, prior to the assembling of the Congress for which any such Representative or Delegate was voted for , he shall file with the Clerk of the House of R e presentatives all the evidence by him taken, all information by him obtained, and all reports to him made." (Act of Feb. 28, 1871, ch. 9!), 16 Stat. L., 435.)

"SEC. 2021. Whenever an election at which Representatives or Delegates in Congress are to be chosen is held in any city or town of 20,000 inhabitants or upward, the marshal for the district in which the city or town is situated shall, on the application, in writing, of at least two citizens residing in such city or town, appoint special deputy marshals, whose duty it shall be, when required ther e to, to aid and assist the supervisors of election in the verification of any list of persons who may have registered or voted; to att e nd in each election district or voting precinct at the times and places fixed for the registration of ! voter s , and at all times or places when and where the registration may by law be scrutinized, and th e names of register e d voters be marked for · challenge; and also to attend, at all times for holding elections, the ! polls in such district or precinct." (Act of Feb. 28, 1871, ch. 99, 16 · Stat. L., 436.)

· " SEC. 2022. The marshal and his . general deputies, and such special deputies, shall keep the peace, and support and protect the supervisors of election in the discharge of their duties, preserve order at such places of registration and at such polls, prevent fraudulent registration and fraudulent voting thereat, or fraudulent conduct on the part of any officer of election, and immediately, either at the place of registration or polling place, or elsewhere, and either before or after registering or voting, to arrest and take into custody, · with or · without process, any person who commits, or attempts or offers to commit, any of the acts or offenses prohibited herein, or who commits any offense against the laws of the United States; but no p e rson shall be arrested without process for any offense not committed in the pre s en c e of the marshal or his general or special deputies, or eith e r of them, or of the supervisors of election, or either of them, and, for the purposes of arrest or the preservation of the peace, the super v i s ors of el e ction shall, in the absence of the marshal's deputies, or if requir e d to assist such deputies, have the same duties and powers as d e puty marshals; nor shall any person, on the day of such election, be arr e sted without process for any offense committed on the day of registration." (Act of Feb. . 28, 1871, ch. 99, 16 Stat. L., 436.) .

SEC . 2023. Whenever any arrest is made under any provision of this title, the person so arrested shall forthwith b e brought before a commissioner, judge, or court of the nit e d State s for examination of the offenses alleged against him ; and such commi ss ioner , jud g e, or court shall proceed in respect thereto as authoriz e d b y law in ca s e of crimes against the United States." (Act of F e b. 28, 1871, ch. 99, 16 Stat. L., " SEC. 2024. The marshal or his general deputi e s, or such special deputies as are thereto specially empowered by him, in writing, and under his hand and seal, wh e n e ver he or e ith e r or a n!. of them is forcibly resisted in executing their duti e s und e r thi s title, , or shall, by • viol e nce, threats, or menaces, be prev e nt e d from exe c uting such duties, or from arresting any person who has commit te d any offense for which the marshal or his general or his special d e puti es are authorized to make such arrest, are, and each of them is. empow e r e d to summon and call to his aid the bystanders or posse comitatus of his district." (Act of Feb. 28, 1871, cb . 99, 16 Stat. L., 437 . )

" SEC. 2025. The circuit courts of the United St a tes for each judicial circuit shall name and appoint, on or be for e th e 1st da y of Ma y , in the year 1871, and thereafter as v a cancies may from any cau se ari e , from among the circuit court commission e rs f o r each judici a l di s trict in each judicial circuit, one of such officer s , who shall b e known for th e duties required of him under this titl e a s the chi e f s up er vi s or of elections of the judicial district for which he is a commissioner, and shall, s o long as faithful and capable, discharge th e duties in this title imposed." (Act of Feb. 28, 1871, ch. 99, 16 Stat. L., 437.)

" SEC. 2026. The chief supervisor s hall pr e p a re and furnish all nec e s­ sary books, forms, blanks, and instructions for the use and direction of the supervisors of election in the seve ral cities and town s in their respective districts ; be shall receive the applications of all parti e s for appointment to such positions; upon th e o pe ning, as contemplat e d in section 2012, of the circuit court for th e judi c ial circuit in which the commissioner so designated acts, he sh a ll pr e s e nt s uch applications to the judge thereof. and furnish information t o him in respect to the appointment by the court of such s uper viso r s of e l e ctions ; he slrnll require of the supervisors of electi o n , wh e n n eces sary, lists of the persons who may register and vot e , or either, in th e ir respective election districts or voting precincts, and c a u s e th e names of th o se upon any s uch list whose right to register or vot e is hone s tly doubt e d to be verifi e d by proper inquiry and examination at th e r e sp e cti v e pl a c es by th e m assigned as their residences ; a:Qd b e sh a ll r e cei ve , pr ese rve, and file all oaths of office of supervisors of e l e ct io n, and of all s p e cial d e pu ty marshals appointed under the pr ovis i o n s of this titl e , and all c e rtificat e s, returns, reports, and records of eve r y kind and natur e c o ntemplat e d or made requisite by the provisions h e r eo f, s av e wh e re otherwi se h e r e in specially directed." (Act of F e b. 2 8 , 1 8 71 , ch. 99 , 16 Stat. L., 4 3 7.) " SEC. 2027. All United States marshal s a nd commis s ion e rs who in any judicial district perform any duti e s under t h e pr e c e din g provi s ions relating to, concerning, or affe c ting the ele cti o n o f R e pre s enta ti v e s or Delegates in the Congress of the United St a t es fr o m tim e to time, and, with all due diligence, shall forward ' to the c h ief sup e rvisor in and for their judicial district, all compl a int , ex a mination s . and r e cord s pertaining thereto, and all oaths of office b y th e m a dmini s t e r e d t o any supervisor of election or special d e puty marshal, in order that th e same may be properly preserved · and -filed . " (Act of . Feb. 28, 1871, c h. 99, 1 6 Stat. L .. 437 . )

"SEC. 2028. No person shall be app o int e d a s upervisor of el e c ti on or a deputy marshal, under the pr e c e drng p r o vi s ions, who i s not, at the time of his appointment, a qualifi e d v ote r of th e city, town ·, county, parish, election district. or voting pr ec in c t in which his dutie s a rc to be T)erformed." (Act of June 10. 1 8 72 . cb , 415, 17 Stat. L., 3 49 . )

".SEC. 2029. The supervisors of e l e c t i o n a p p o int e d for any co u n t y or parish in any congressional di s trict, at t h e in s tance of 10 citiz e ns, as provided in section 2011, shall have no authorit y to make arre s t s , or to perform other duties than to b e in t h e immediate pr e sen ce of the officers holding the election, and to witn es s all th e ir proceedin gs , including the counting of the votes and th e makin g of a return th e r e of." (Act of June 10, 1872, ch. 415, 17 Stat. L., 34!).)