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DEBATE OF OCTOBER 9, 1890.- BRIEF
FOR THE AFFIRMATIVE.- A. L.
BUMPUS AND J. L. DODGE.
Question: Resolved, That the pending Federai Election Bill should pass.
Best general references: Speech of H. C. Lodge in Congressional Record, p. 7053, 6,27, 1890. Lodge in N. Amer Reviews, Sept, 1890; Sen. W. E. Chandler, Aug. Forum.
I. The existing corruption of the ballot demands reform: Public Opinion June 21, 28. July 5, 12. Aug. 2, 16, 30; 1890. Congressional Record pp, 7040 and following:
a. The corruption is in defiance of the law and is defended by the opposes of the bill. H. Watterson, Boston Post September 27, 1890.
b. Justice and public sentiment demand a fair ballot and an honest count.
c. The pledges of the Republican Party remain unfulfilled in this respect. Repub Platform of 1888. World Almanac 1889, P. 53.
d. The responsibility of reform lies on the controlling party. Pubic Opinion, June 21.
A failure to legislate now continues the evil. P. O. July 12. St. L. Globe.
II. The pending bill is constitutional
a. Art. 1, Constitution Sec. 4, 1.
b. Decisions of Supreme Court. (100 U. S. 371), (110 U. S. 651), (12 Int. Rev; Rec. 151).
c. By constitutional writers: McCreary Elect. Laws p. 55; Von Holst p. 72 note; Pomeroy p. 1423; Story 627, 833.
III. The bill is expedient: Rept. of Select Com. H. Rep. 2493.
a. Publicity of election is a preventure of fraud, and a fair ballot and an honest count is the vital principle of our system of government. For these the bill provides.
b. The bill is non-sectional and nonpartisan; Text of bill.
c. Is an anti-force bill and not designed to secure party ascendancy; Phila Amer. 6-23; N. Y. Press, 8-26; Iowa State Register, 6-21 Public Opinion.
d. Bull dozing threats and cowardly fears of riot are the main objections urged. N. Amer. Rev. Sept.
e. A fraud against the franchise is a crime against liberty and should be furnished at any cost.
f. The existence of the nation demands the enforcement of the constitution.
BRIEF FOR THE NEGATIVE.- R. S. BARLOW AND R. S. HALE.Best general reference: Bumpus notes on Constitutional Decisions, 369-381; Tucker, Speech in H. of R., 30, June, 1890, Cong. Record; Watterson, Speech to Mass. Reform Club, Boston Post, 27 Sept. 1890.
I. The bill is opposed to the constitution.
a. It gives an interpretation to the clause not intended when the constitution was formed; Tucker, Speech in H. of R., 30 June 1890.
b. It deprives the states of the power to determine the qualifications for suffrage; Bumpus notes, 369-381.
II. It is politically inexpedient to pass the bill.
a. Ill feeling has been created by its proposal and more will follow its enactment; Public Opinion, 30 Aug. 1890.
b. The bill would not correct present abuses; Public Opinion, 30 Aug. 1890; Nation, 7 Aug., 28 Aug. 1890.
c. The bill is opposed to the general opinion and wish of the country; Nation, 7 and 28 Aug. 1890.
d. No one fit to vote is excluded by the present law; Watterson, Speech, Boston Post, 27 Sept. 1890.
e. Interference in southern elections has been tried and failed; N. A. Review, Vol. 142; p. 134; Encycl. Britt. Vol. 28, p. 784.
III. The details of the bill are objectionable.
a. It will create an immense machine for the perpetuation of Republican rule; Bryce, II, chap. LXVI.
b. It will make the judiciary a partisan body: Text of the bill on appointment of the supervisors by the judges.
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