Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Twenty-Third Congress Page: 4,227
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4227
GALES & SEATON'S REGISTER
4223
H. of 11.]
Kentucky Election.
[Mas- 22, 1834.
I arifcrfet disposed to enter the arena with the gentle-
man W'cliscuss so serious a question. If lie chooses to
nullify the law, let him do so. If he determines constitu-
tional questions hf a literal application of the language
employed in the charter, then his criterion is different
from the one which I have been accustomed to l-eg-ard as
the truer and safer rule. To carry out the principle
would- involve us in great difficulties. In almost every
American constitution there is a clause which declares,
substantially, that justice shall be administered, without
sale, denial, or delay. Suppose you owe me a sum of
money* but fail to pay it on the day the debt becomes
due: I am entitled to justice without delay. It is a con-
stitutional right. The law ought to provide, according
to the principles of the gentleman, for an immediate ar-
rest, trial, judgment, and sale of property, or person, or
imprisonment of the latter at least. There must be no
security taken for the defendant's appearance at coiirt—
no time allowed to prepare for trial—no stay of execu-
tion. These would occasion delay, and a law allowing
the debtor such privileges would be unconstitutional!
Surely the gentleman does not contend for . a mode of
interpretation that would lead to such extravagant con-
sequences. I apprehend, sir, that the true rule is, to
give all these clauses a reasonable construction; one that
is consistent with the general principles and scope of the
instrument, and with the manifest intention of those who
framed it;
Whilst upon this subject, t will take occasion to say
that, to my mind, there is a striking incongruity in the
doctrines of' some gentlemen. At one time they* adhere
to the very words of the constitution and laws of Ken-
tucky. They are strict constructionists of the straitest
sect. For example, when the constitution says that the
election shall be held on the first Monday in August, and
the law says that the sheriff' shall open the polls by 10
o'clock, and keep them open till at least one hour before
sunset, .why, here it is contended that the voters are en-
titled to the whole day, from midnight of the previous
evening, until midnight of the first Monday in August;
and that the sherHV may open the pulls immediately after
midnight, and keep them open during the whole twenty-
four hours. In this case, we must "stick to the letter."
But, when the law says that all votes shall be given in
the presence of the judges and sheriff—then we must
turn latitudinarians of the ultra school. In this case, gen-
tlemen tells us that the law does not mean what it says
at «II. We roust give it a liberal construction. The
sheriff may absent himself from the county entirely, ami
yet the votes given in his absence will be valid in law.
l'vrhups gentlemen can reconcile these two modes of
construction as consistent with each other, but I confess
my Utter inability to ilo so.
Another gentleman from Kentucky [Mr. M ARSHAT.f,]
has told us that, among all the precedents referred to, no
case can be found where this House hits, under circum-
stances like the present-, stricken off the whole or a part
of the votes given in a township, parish, or precinct, on
account of the illegal manner of conducting- the election,
and then given the seat to a candidate who had a minori-
ty of vote*, by retaining: such poll-book; bat a majority,
by its rejection. Without stopping' now to say how far
precedent should control us in deciding a case of such
marked peculiarities, I will inquire of the gentleman
whether thus House has not, by former decisions,' establish-
ed the principle that .such poll-books are to be rejected;
that where the law has been openly violated and disre-
garded in conducting the election, the votes given shall
not be counted in the final addition? That such decisions
have been made, and such a principle established, will
scarcely be denied. Well, sir, it is for the principle we
contend; by that we should be governed. If the constitu-
tion and the law, as well as the forme? judgments of litis
House, demand the rejection of these votes, we are not
to inquire for the consequences to a particular individual;
whether it will put him in, or out of a seat. Apply the
principle to the facts of the case—let it cut off whomso-
ever it may.
The gentleman from Georgia [Mr. Ciattojj] has in-
formed us that the very existence of representative gov-
ernment is menaced by the report of the committee; and
that he firmly believes this case will be decided wrong.
From what premises does the gentleman draw his conclu-
sions? How has he ascertained which side is right, and
which wrong? Flow has he learned which of these can-
didates has a majority of the individual votes given in the
fifth district? Has he made a thorough purgation of the
polls? Has he, in one short week, the time we have had
the printed documents upon our tables, examined the
testimony, and decided for himself, upon all the questions
involved in the contest? I apprehend he will not say he
has. If the gentleman undertakes to pronounce one side
right, and the other wrong, without this searching exami
nation, is he not in danger of falling into fatal mistakes?
Sir, he kindly admonished the House against allowing
party feelings to enter into the decision of this question?
but if he permits himself in advance to pronounce one
side right and the other wrong, is he not in danger of the
same pernicious influence against which he so earnestly
warns others? I do not believe that honorable gentlemen
have formed their opinions, and steeled their understand-
ings against alt argument upon this subject. If so, it
would be in vain for me to stand up here, and submit my
views for their consideration: I might as well attempt
to struggle with the whirlwind. No, sir, the gentlemen
are mistaken with regard to the character of our report.
It does not, nor do the principles we advocate, menace
the existence of representative government. It does not,
nor do we, contend for the doctrine, that a minority shall
govern a majority. The report of the committee is based
Upon the broad principles of inflexible truth, which, soon-
er or later, will bear down all opposition. Our report is
shielded and sustained by the laws and the constitution of
the country. It imbodies principles that will bear the
test of human scrutiny, apply it whensoever and whereso-
ever you may.
Mr. Speaker, there has been a great deal paid in the
course of this discussion about the inalienable rights of
voters, and the inherent right of suffrage. These rights
are neither inherent, nor are they inalienable, as was most
conclusively shown by the gentleman from Georgia, [Mr.
Josks,] who is a member of the committee. An'inherent
nght oi suffrage does not exist, it never did exist. And
1 am surprised to hear gentlemen of great ability, who
have been long in public life, talk of an inherent right to
vote. They have not considered this subject with their
usual care, or they would not indulge in the use of such
terms, nor would they attempt to derive arguments from
a proposition so wholly untenable. The right of suffrage
is not inherent. It is derived from the social compact,
and did not exist anterior to it. It is not inalienable, for
it may be forfaited by those who possess it, in various
modes pointed out in the constitutions of the several States
oi this Union.
What is the right of suffrage? It is a right which I
have to bind you. 1 elect an individual whose acts are
obligatory upon you, within the sphere assigned him, no
matter whether he is your choice or not. ' Do f possess
tins right in a state of nature, independently ofthe organic
laws under which we live? Certainly not. If the right
were inherent, all men would possess it. Aliens, females,
and minors would possess it; negroes and mulattoes would
also claim it. But we all know that such is not the fact.
Certain classes of society are every where excluded bv
the constitution and laws. By the way, sir, while upon
this pomt, I wdt take occasion to avow the opinion, that a
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Twenty-Third Congress, book, 1834; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30759/m1/28/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.