June 8, 1911
The VICE PRESIDEN".r. The morning business is closed, and the calendar is in order under Rule VIII.
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- PRESIDEN".r. The scans read: “PRESIDENT.” (microfilm scan), “PRESIDEN".r.” (main scan)
Mr. BORAH. There are Senators who desire to make some remarks upon the unfinished business, and I ask unanimous consent that House joint resolution 89 be laid before the Senate.
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- 89 The scans read: “39” (microfilm scan), “89” (main scan)
There being no objection, the Senate, as in Committee of the Whole, resumed the consideration of the joint resolution (H. J. Res. 39) proposing an amendment to the Constitution providing that Senators shall be elected by the people of the several States.
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Mr. WORKS. Mr. President, it is not my purpose to dis. c uss the main question involved here, namely, the election of Senators by direct vote of the people. The record of this que tion was made up, and well made up, at the last session of Con g ress . I am perfectly content to abide by what was then said for and to against the measure; but I do desire to state my own position and my reasons therefor, and to consider in a very brief way the controversy that has arisen over the amendment rep o rted by the ,Judiciary Committee and the substitute offered by the Senator from Kansas [Mr. BRISTOW]. ·
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I have come to the conclusion that, in the interest of ()' ood government, the right to elect United States Senators should be vested in the people . , as provided by both of the amendments proposed. I have reached this conclusion slowly and with great reluctance. I am opposed to any change in the f u ndato mental law under which this country has grown and prOSJ J ered for more than a century, framed, as it was, by men of di s tingmshed ability, actuated by the most exalted patriotism, e x cept upon the strongest necessity. But conditions have ch an ged since the Constitution was originally adopted. Interests and influences have entered into the election of Senators as now provided for th t h t d · l 1 ti a have corrup e egis a ve bodies per1r e rted the objects and purposes of the fr a mers of the c~nstitution and brought the Senate itself into reproach by corrupt prac: tices and bribery in such elections. The existence of these m· - :fluences and their potency in controlling legislative elections of United States Senators can not be denied. If allow e d to continue, they must inevitably destroy our representative form , of government. It is this fact, and this alone, that has brought me to the conclusion that the election of Senator s can no longer be safely in trusted to legislative representiltive s and that the only remedy for this evil that is threatening th e integrity of our . free institutions is to vest that power in the people to be exercised directly at the polls.
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- c~nstitution The scans read: “constitu! ion.” (microfilm scan), “c~nstitution” (main scan)
- allow e The scans read: “allowed” (microfilm scan), “allow e” (main scan)
- representiltive s The scans read: “representatives” (microfilm scan), “representiltive s” (main scan)
Having reached this conclusion, I regret exceedingly that any controversy should have arisen here between the friends of the measure as to the form of the amendment to be . adopted to effect that purpose. I regret it the more because this difference pre- · sents a sectional controversy that I had hoped might never ngain The ~enato~ from Idaho m~ves find its way into this Chamber. ·
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The question at issue is a very simple one. It is this : Shall the elections to be held for the election of Senators be governed and controlled by the law-making power of the several States or of the Federal Government? To me it is a matter of very little consequence. By other Senators it is taken seri o usly, and therefore must necessarily be viewed from that stand) o int must say, or myself, however, that there is no good r e ason to suppose that either a State ~ or the Nation would neglect or abuse the power, if given to either the one or the other. But, treating it as a matter of serious consequence, let us consider briefly just what effect must be given to each of the propositions presented by the two proposed amendments. ~ The Constitution, as it now stands, contains the following ~ provisions, material to be considered, all contained in Article I: SEC. 2. The House of Repr e sentatives shall be compo s ed of Members chosen every second year by the people of the sev e ral States, and the electors in each State shall have the qualifications requisite for ele c tors or the most numerous branch of the State legislatur e.
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- e sentatives The scans read: “Representatives” (microfilm scan), “e sentatives” (main scan)
- compo s The scans read: “composed” (microfilm scan), “compo s” (main scan)
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1 connection
- quotes Article I, Section 2, Clause 1 (suggested)
SEC. 3. The Senate of the United Stat e s s hall be composed o f two Senators from each State, chosen by the legislature thereof, for six years.
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1 connection
- quotes Article I, Section 3, Clause 1 (suggested)
SEC. 4. The times, places, and mann e r of holding elections for Senators and Representatives shall be prescribed in ea c h State b y the legislature thereof; but the Congress may at any time by law make or alter such regulations.-~xceyt as to the places of choo s ing Senator s .
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1 connection
- quotes Article I, Section 4, Clause 1 (suggested)
SEc. 5. Each House shall be the judge of the elections, return s , and qualifications of its own Members.
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1 connection
- quotes Article I, Section 5, Clause 1 (suggested)
So, as now provided by the Constitution, six things may be taken as established:
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1. Members of the House of Representatives are elected by 2. Their qualifications are fixed by the Constitution itself. 3. Senators are chosen by the legislatures of the s ev eral States.
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- 3. The scans read: “8.” (microfilm scan), “3.” (main scan)
- ev eral The scans read: “sever!” (microfilm scan), “ev eral” (main scan)
1 connection
- cites Article I, Section 3, Clause 1 (suggested)
4. The times, places, and manner of holding elections for both Senators and Representatives shall be prescribed in e a S!h State by the legislature thereof.
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1 connection
- quotes Article I, Section 4, Clause 1 (suggested)
'5. Congress may by law make or alter such regulations .except as to the places of choosing Senators.
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1 connection
- quotes Article I, Section 4, Clause 1 (suggested)
6. Each House is made the judge of the elections, returns, and qualifications of its own Members.
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1 connection
- quotes Article I, Section 5, Clause 1 (suggested)
What effect will the amendments proposed and now under consideration have upon these provisions of the Constitution?
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.Th~ proposed committee amendment contains this . clause.:
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The terms and manner of holding elections for -Senators shall be prescribed in each State by the .legislature -thereof.
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~ undoubtedly ' this , provision, if .made a part of the Constitution, would vest the power of legislating, with respect to the time, place, and manner of holding elections in the several :States and remove -from the Constitution any :express :grant of power i to Congress to make · other regulations or to change the regulations made by State legislatures. It :Seems to • be assumed that by this amendment the National Government Will .be deprived of all power · to control elections for United States Senators, and that :the power af the States will, if this amendment is adopted, be unlimited. But certainly this can not be true, Mr. President. No State legislature can, under the authority p.ro · posed to "'be given by this amendment, deprive .any citizen of the rights guaranteed to him by the Constitution, or enact or enforce any legislation that would prevent a fair and full ex ; .Pression of the public will at the polls, because any :such.attempt Tto prevent a fair election or · to deprive any citizen or class of citizens of the :right 1 of -suffrage · would not be to prescribe the times, places, .and manner of holding elections within the .mea.n ing of the Constitution, but a plain effort to prevent such -election, and would therefore be .in violation of the 'Constitution and void. This proposed amendment leave.s in full . force and effect every provision in the Constitution, as it now is, intended to protect the people of this country Jn the right of suffrage. .Any legislation purporting to prescribe the time, place, and manner of holding elections IDlli!t conform to these provisions. Any attempt to deny or abridge the right of suffrage of any citizen . under the guise of regulation of elections would . be a own. palpable violation of the Constitution and utterly · void. The c only effect of this proj)osed change in the · Constitution would be to deprive Congress of the power to prescribe :regulations for holding the elections by direct legislation.
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The proposed amendment confers 'D.O power on the · States to provide for or in any way · to limit or control the right of suffrage or to determine the qualifications of 'Voters. It is limited entirely to the regulation of the holding of elections Therefore . any attempt to use this , power .giv-en as a .means of ~ controlling or limiting the right . of suffrage, except as to ; the time, place, and .manner of holding the election and casting, receiving, and counting the votes . of electo.rs legally qualified to -vote, would not be within such power, - but in violation of it.
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.Any elector, depriv,ed of his right of suffrage under the Constitution by State legislation : purporlin_g -to .Prescribe the time, place, and manner of holding elections, would have a complete and ample remedy in .the courts to declare the law unconstitutional, thus destroying its effects, not only as to him but a.s to all others similarly affected.by its provisions. Not only so, but any citizen directly interested in the result of any election hem under the law, as a candidate or otherwise, could resort to the courts for like relief.
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- hem The scans read: “held” (microfilm scan), “hem” (main scan)
'In addition to this, Mr. President, the . Senate .i.s still the sole judge of the elections, returns, and qualifications of its , members and possessed of ample and plenary power to unseat . any , person elected under any law of the States which has authorized an election in violation of the Constitution of the lJiiited States or the rights of electors entitled to vote at -such an election. n may go farther than that. It may deny . a seat in this Chamber to .any person whose election has been brought about by any . unlawful or corrupt .means, even under · a valid statute.
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- lJiiited The scans read: “United” (microfilm scan), “lJiiited” (main scan)
- farther The scans read: “further” (microfilm scan), “farther” (main scan)
1 connection
- cites Article I, Section 5, Clause 1 (suggested)
So, 1\Ir. P1·esident, the power proposed to be :vested in the legislatures of the Stnte.s . by . the amendment is not an unlimited power. It must be exercised .in conformity to the Constitution of "fhe Uiiited States and with due .regard to the -right of . suffrage of ever_y elector of the State, guaranteed to !Jiim by the Constitution. It is not a power to fix the qualifications of voters, but to provide proper and constitutional regulations for the holding of elections by the electars qualified under the . Constitution to vote.far United States Senators. That right can not be taken a way, limited, or abrlClged by · virtue . of any power proposed to · be . given by . this amendment. .:I maintain that the claim, so .strenuously urged lie.re, that the vesting of this power in the States will imperil tne National Government has no .foundation w.hen the effect of the p:roposed amendment ~s rightly understood and conS.i.dered.. The whole force of . this objection rests upon fhe wholly unfounded Claim that the . power attempted to be vested in the States will enable them · to deny the right of suffrage to . some D.f jts citizens · o.r limit or abridge that right. But, as I hav.e said, 110 such power is given or eould be lawfully . or constitutionally exercised lf thls proposed amendment should be adopted.
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Turning now to the amendment proposed by the Senator . from Kansas as a substitute for the one J have been considering: It provides, 'in the sinu>lest way possiblth ..for the · election of im,Poss~. Sena.to?S , by . the people · iris:t:ead · Df the legislature, : and for 1 the filling of vacancies in the same way. It leaves in the Constitution intact the · provisions of · sec.tion 4, providing that the times, places, and manner of holding elections for both Senators .and Representatives shall be prescribed in each State by the legislature thereof, but subject · to :the power :reserved :to Congre.ss . to · make · or alter such regulations except as to -.the place of · choosing .Senators.
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- now The scans read: “power” (microfilm scan), “now” (main scan)
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1 connection
- quotes Article I, Section 4, Clause 1 (suggested)
This . brings an outcry and protest from Senators who claim that the power should be vested in the States without : any right of control -or regulation by · Congress. · I must confess, Mr. President, that I can not appreciate the :position of Senators · who make this claim. I · do not know how it can .be :seriously made. Do .Sena.tors want . this supposed unlimited -power vested in their States, so that they may regulate elections · Jn 11 way that ! might call for the interference of Congress? Cer 'ta.inly they expect their :States to keep within · the · Constitution, and that they will protect every citizen of every race, color, and station . in life in : his right of · suffrage. If not, there is every reason to maintain this -supervisory power in the Congress of the National Government J have assumed that every State in the Union · would, if in.trusted with this power to regulate elections - accept it as a :Sacred trust, . and that no law would be enacted under it in violation of the · Constitution, or of the right of suffrage of any citizen, high or low, .black or white. -1 would not willingly assume anything else. Assuming this to be so, it is idle to say that the rights of mzy " State will be endangered by reserving to Congress the power to change the regulations made by the State, .and to make · new ones of its The question raised, as between these two · proposed amendments is, in my judgment, . given undue importance. It will undoubtedly be used-I have no doubt it is . being used now on this floor-as . a . means of defeating any amendment ofihe Constitution that will give :to the people · the right to elect their Senators.
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- - The scans read: “tions” (microfilm scan), “-” (main scan)
- -1 The scans read: “I” (microfilm scan), “-1” (main scan)
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- floor-as The scans read: “fleor—as” (microfilm scan), “floor-as” (main scan)
- ofihe The scans read: “of the” (microfilm scan), “ofihe” (main scan)
lli. President, entertaining these views, I shall vote for either of these amendments that may be agreed upon. What I . want Js an . amendment giving the people the right :to elect United .States Senators by direct :vote. l run anxious to know which one of these t proposed amendments - is best calculated to bring about this final result .1f J knew now, I would support that .amendment without hesitation. I have been -waiting patiently to be informed on this subject. When the vote -comes, I shall .be controlled by my best , judgment, founded upon what I nay then believe to be the best means of insuring · the passage and . final adoption of an amendment :that . will --vest the right of election in the people.
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- lli. The scans read: “will give” (microfilm scan), “lli.” (main scan)
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- l The scans read: “I” (microfilm scan), “l” (main scan)
- run The scans read: “am” (microfilm scan), “run” (main scan)
- .1f The scans read: “Ef” (microfilm scan), “.1f” (main scan)
- J The scans read: “I” (microfilm scan), “J” (main scan)
- nay The scans read: “may” (microfilm scan), “nay” (main scan)
.At this 1 time it seems to me that all :friends - of the measure should unite on the amendment that has already passed the House. I am willing · myself to give the southern people · the benefit of · the doubt as to which amendment would best .Preserve the rights of the people, and thus secure to the States the right to , provide .for the . manner -0f .holding . tM , elections. .In my opinion, .no harm can come from . such a provi-sion, and its adoption will be more likely . U> secure the final :adoption and approval of the amendment.
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.. Mr . .BORAH. l\Ir . .President, I · have mo information that any other Senator desires to discuss the joint resolution at this time; and if there is no one who desires to do so, I shall give way, so that the calendar may be taken . up.
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The VICE PRESIDENT. The Senator from Idaho asks unanimous consent that the unfinished .business : be temporarily 1aid aside. Is there objection? The Chair hears none. The calendar is in · order under Rule VIII. The Secretary -will . state the first business on the calendar.
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'CORRECTION OF ERRORS IN \AY.PROl'RIA.TION ACTS.
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- \AY.PROl'RIA.TION The scans read: “APPROPRIATION” (microfilm scan), “\AY.PROl'RIA.TION” (main scan)
The joint resolution (H. J. Res. l) to correct errors in · the enrollment of certain .appropriation acts approved March 4, 19ll, was announced as first Jn order, and the Senate, as in Committee of the Who.le, resumed its consideration.
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Mr. HEYBURN. 1\Ir. President, w.hat is the · present legislative status of the joint resolution?
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The VICE PRESIDENT. It is before the -Senate 'US in Committee of the Whole, and open to amendment.
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- 'US The scans read: “as” (microfilm scan), “'US” (main scan)
Mr. HEYBURN. That is w.hat I supposed. Mr. President, I regr-et - exceedingly that such a measure .as this -should be pressed upon the attention of the Senate. It is a violation of ev.ery rule of law and of legislative procedure, and I am amazed that any lawyer should favor · a . proposition that would permit "the Sixty-second Congress ±o rewrite the Journal of the Sixty-first Congress or rto amend it . under any :Pretense -whatever. :I am astonished that there llas not been such a protest :from the law ..iV.erB, at least, of rthis ho.dJ: AS · woulil .make tSUch . "Pl'OPDSition
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- woulil .make The scans read: “enrollment” (microfilm scan), “woulil .make” (main scan)
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On its face-and I call the attention of the Senate to itit is-
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Joint resolution to correct errors in the enrollment o{ certain appropriation acts approved March 4, 1911.
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On .March 4, 1911, this Congress did not exist, and the Congress that did exiSt at that time passed out of existence on that day. If, under the pretense of correcting a record because certain legislation has proven inconvenient to some one, a joint resolution of this kind can be adopted, there will be no stability to any law.
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Upon what grounds is the passage of this joint resolution asked? Upon the grounds that some enrolling clerk or some clerk of a conference committee did not correctly report the cussion. will of the conference or the will of Congress. Congress, in the respective Houses, legislated; it went into a conference committee upon the differences between the two Houses; it was there a considerable length of time; and the conference committee .Mr. WARREN. reported it to this body and to the other body. The report was in writing. Upon that action each House acted. When it came in on the floor, I made inquiry of the chairman of the committee of conference representing this body whether certain items were in that bill. I made the inquiry for the purpose of ascertaining whether or not I had grounds to insist upon a further conference. I was assured that the item was there. I inspected the bill, and I found it there.
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Mr. WARREN. Mr. President--
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The VICE PRESIDENT. Does the Senator from Idaho yield to the Senator from Wyoming?
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Mr. HEYBURN. Yes; I yield.
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Mr. WARREN. The record does not show that.
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Mr. HEYBURN. No.
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Mr. WARREN. The bill does not show that.
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Mr. HEYBURN. No.
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Mr. WARREN. The record shows that the amendments which are proposed to be eliminated were, as a matter of fact, eliminated by the committee of conference and were so reported in the conference report, and that the Senate and the House voted upon and accepted that report.
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Mr. HEYBURN. The record that came to this Senate for action disclosed the fact that it contained the item appropriating money for the University of the State of Idaho.
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Mr. WARREN. To what report does the Senator refer?
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Mr. HEYBURN. I refer to the report that was incorporated into the enrolled bill.
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Mr. WARREN. There is no such report in the record, I think The VICE PRESIDENT. the Senator will find.
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Mr. HEYBURN. The bill is in · the record, and the bill went or is presumed to have gone, under the rules of the Senate, to that committee, for the purpose of seeing to it that it correctly represented the conclusion of the conference; and the provision is in the bill that was signed by the President of this body and by the Speaker of the House. It is there; it is in the bill that was signed by the President of the United States; and it is on the statute books of the Sixty-first Congress as a law; and now in the Sixty-second Congress we are met with the proposition that upon the assertion of some one that it was an inadvertence or a mistake we should correct the record.
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Mr. WARREN. If the Senator from Idaho will permit me, it is true that the bill was signed, and so forth, but it is also true that the record shows the contrary of what the Senator contends for every step of the way.
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Mr. HEYBURN. What record?
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Mr. WARREN. The record of Congress; the record of this bill on the calendar. Senate and of the House of Representatives.
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Mr. HEYBURN. I should like to be referred to the record that shows to the contrary.
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Mr. WARREN. I will find it for the Senator. I had assumed that he had examined it.
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Mr. HEYBURN. I have.
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Mr. WARREN. The bill itself, the original copy, shows that these amendments were disagreed to; the bill was so marked, and it was so reported and so voted upon by the Senate and House and the CoNGRESSION.AL RECORD plainly discloses the fact. _
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Mr. HEYBURN. I must differ with the Senator from Wyoming. We can not impeach--
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Mr. W ARRIDN. I presume the Senator is willing to admit that my assertion is as good as his until he can change it by r-. in order. the record. I will be prepared to submit the record to substantiate what I have stated.
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Mr. HEYBURN. I am speaking of the record, not of some record that has been dug up for the purpose of laying a foundation for doing this unusual and unprecedented thing. The record of the action of this body is in such form and manner that it can not be doubted. The record of · this body is in that bill as it was enrolled and as it was signed. That is the record. Now, :fleeting memoranda or the memory of men are to be set up against that under or in support- · -
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Mr. WARREN. Mr. President--
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The VICE PRESIDENT. Does the Senator from Idaho yield to the Senator from Wyoming?
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Mr. HEYBURN. Yes.
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Mr. WARREN. I hope the Senator's case is not so bad tha.t he will be unfair about it. The records of Congress are hardly matters that can be attributed to any particular individual or a committee.
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Mr. HEYBURN. I think the Senator from Wyoming will be much safer if he keeps the personal question out of this dis· 1\Ir. WARREN. I am making no reflections--
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Mr. HEYBURN. I was not reflecting upon the Senator in anything he has done or said or omitted to do.
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I am talking about the record.
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Mr. HEYBURN. I am talking of a record which is the only record of the proceedings of this body. The only record that we can inquire into is the official record of the enactment of the law. How long would the Senator stand before a court pleading that notwithstanding the statute had been published as the law of the land, by reason of the misconduct or inadvertence or incapacity of some clerk, the law was not really enacted? If we can do anything here, we must do it in the nature of a judicial consideration of this question. Legislatively we have no such power. We may usurp it; men may just simply drive this thing through; but if they do, it ought to shake the confidence of the people of the country in the stability of their laws; and it would. You would have to wait for some years until some Senators had passed away before you would know whether or not a law was going to remain a law. That would be the only position-- .
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Mr. GALLINGER. Mr. President--
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The VICE PRESIDENT. Does the Senator from Idaho yield to the Senator from New Hampshire?
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Mr. HEYBURN. I yield.
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Mr. GALLINGER. I rise simply to suggest that the joint resolution is being considered under Rule VIII, the limitation being that speeches shall be confined to five minutes. I have no objection to some Senator moving to take it up, but I think it is wise for us to adhere to the rule. There are other bills on the calendar which I should like to have considered, if possible, under that rule. The rule being invoked, of course-- l\Ir. HEYBURN. I ask the indulgence of the Chair and the consent of the Senate simply to say that had I supposed the rule would be invoked, I would have objected to the consideration of the joint resolution. Now, I will object to its consideration because--
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The VICE PRESIDENT. The bill goes over under the objection of the Senator from Idaho.
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Mr. WARREN. Before leaving the matter I desire to say that I shall at an early date move to take it up. Of course, I have no personal interest in it It is a joint resolution that came from the House, as stated , to correct what seems to be error. It is the law to-day, and if the Senate desires it to stand it can easily be settled beyond cavil by allowing a vote to be taken. So, in deference to custom and to the House, I shall move to take it up and consider it at the earliest opportunity.
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The VICE PRESIDENT. The Secretary will report the next
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