FAS 1 F 198 .028 Copy 1 SPEECH OF \S' HON. HEN11Y W^DAYIS OF MARYLAND, IN THE - K j HOUSE OF &EPRESENTATIVES, MAY 15, 1S56, • ON THE BILL DEFINING THE DUTIES OF COMMISSIONERS OF ELECTIONS IN THE CITY OF WASHINGTON, AND FOR OTHER PURPOSES. WASHINGTON: AMERICAN ORGAN, PRINT 185G. \ ELECTION LAW FOR WASHINGTON CITY, f Mr. DAVIS, of Maryland. The existing Admin- istration seenis to have degenerated into a super- intendent of municipal elections. For abcfut one month we have had,- time and again, objection to every attempt to consider business out of the reg- ular parliamentary order by the resistance of that stern Democrat, my friend from Tennessee, [Mr. Jones.] It is to be supposed, of course, that that gentleman must have had some very grave reasons to induce him to do violence to the courtesy of his own nature — that some great object must have in duced his stern refusal of his ordinary courtesy so repeatedly to gentlemen who have sought it. I desire to inquire what has occasioned this course? and perhaps in that pursuit we may find why it is that so much importance is attached to this bill touching the municipal elections of the city of Washington. It has been repeatedly said in this House, that the Corporation authorities — that ii par- ties are in favor of, not some bill — nor . ation of the existing law — but of this bill now under consideration. I say, sir, there has been ro expression on the part of any c- * ties in favor of the passage of this bill; but, on the contrary, I have in my hand — which I shall, before I finish my remarks, send up to the Clerk to have read — a remonstrance, on the part of . authorities, against the passage of any such law. If, therefore, there be no application for the ge of this law, we are relieved from the ne- cessity of considering the weight we ought to at- tribute to the application of 'parties who are to be governed by the law ; and we are at liberty to ask the question whether there is any existing evil which this bill remedies, or any future good which this bill accomplishes, which ought to induce us to change the existing law, passed in 1848, and which, down to this time, no great body of the men of the city of Washington have found to in- terfere with their civil, political, or religious rights. If there be no other object to be accomplished by it, we may be led to surmise that there is a politi- cal purpose — that it is to break or bend the inde- pendence of the judicial opinion of the Commis- sioners of Election into conformity to an interpre- tation of the existing liw which, in their opinion, it will not bear, and which it has been attempted to enact here by the first section of the original bill, now stricken oat and abandoned. Where did this bill come from ? It is said that it was recommended by c jrtain officials to a com- mittee of the Senate. But, whosoever recommenc- ed it, in its origin it came from the Senate commit- tee. As it came from the committee, it proposes a radical alteration in the suffrage law, and in de- fining the qualification of voters. It was not, as the honorable gentleman from Vermont supposes, because we objected to the general form of that section, but because we desired to insert an addi- tional clause, that the only controversy which has arisen in this House did arise. No man o) jected to the change proposed touching the registration. We were earnestly in its favor. That, therefore, was not the reason for striking out the first clause. It is possible that it was dropped because they found that they could not pass it in the shape they desired. The penalties would incorporate the extra-judi- cial interpi : ; law; I le penalties, t'; -e allowed to supply the place of the missing section. We have had some dii > what is the interpretation of tl ing law. I desire to lay that law distinctly before I The ex- isting law provides: "Thatev rbite male citizen who shall have resided one year previously, and who shall have been and paid a tax assessed on the 31st of December for the year previous, shall vote at the June election." The first difference between the court and the judges of election is as to the meaning of the " free white male citizen " in connexion with the residence. The commissioners of election decided that the residence-was required of a person having the quality of citizen. He is not described, as most of our constitutions describe* him, as a resi- dent — as a white person — but as a free white male , having resided, &c. The commissioners followed a rigid rule of grammatical construction,,, when they said, that a person must have resided here, being a citizen, for one year previous to the election. The circuit court of. the District of Columbia in- formally, extra-judicially, without having before them any case which entitled them to pass judg- ment upon that point, intimated a different opin- ion. It was a question not submitted to their judi- cial cognizance. It was a question directly sub- mitted to the persons appointed as judges of the election. ^ They are sworn, by the existing law of the District, to admit the vote of every person who, according to the best of their judgment and A understanding, is entitled to vote. The coart de- cided that they could not issue a mandamus to the judges of election. "They are the parties to be controlled, bu.fc this court cannot operate upon them by mandamus. They are » , and are sworn to decide the quah rs, ac- cording t> it is, there- fore, left to them to pass judicially up< tion, and not to the circuit court ; and the oouit has disclaimed, under the existing law, the right to control them. But they Have intimated that they think the construction placed upon tlv by the judges of election is an erroneous < Still, sir, that, does not, according to the existing law,: tribunal which ie --Hied to pass tipon that question. Tiie ji lection are bound to decide, uni , a edby the opinion which the gentleman from Te see. wishes to force upon them. They will ate that judgment. Gentlemen have tried in this Hoi Using first section/ G failed to change that law. And now 1 1 for the purpose of clear doubts of the c by a penalty cf throwing in the (' a dungeon and I human judgment. T Now, I s to the dl see ■ rial i rson ap- pointed to supr in the to re- ■ i be t Of th ion of the law, and to I 'orporation "knowingly." I of th law d .ih rc- ■■■ to a . vote, or of kting a vote courts may deem ought to Lu. ,,.it;,;:d or ought to have been ex- eluded, ;i penal offence, without reference to the the commissioner did or did not think ivho offered to vote really entitled to vote — to punish a judicial officer because he ta and diew a legal conclusion ■ mi than drawn by am judicial officer — is at variance with every principle of law or justioe. I s is no such principle to be f> in the laws of Virginia, in I Maryland, m which the laws of the. District ; re in accordance with the ga of the people of this part of the ( ountry, and n I I to be considered by Cou- ion. I have before mo gen- ii ho will say that, there is no | In their laws for such : other niembeis from can ■one such provided in the : i - no indictment of a judge of appens to draw a wrong con- >i from fact-. He is responsible for nothing but the exercise of his judgment; and it is an -it is a gre to e freedom of judgment of ?ing upon him . iiich prophet, ai and sin wt. j lean- ing of the lav. If the gen rted have ge to con- fine ; polls vote he km It mu t the 1 'ded it, and with an intend to do ■ ■ Aceordin tied law of : the i iged only where the •- of a com- It i3 : before for the ■ word " corr books of the Uni But when corruptly shall be inserted, I maintain the bill is unfit to pass. It is not the^habit of this part of the country to appoint judicial officers, and then hold them to the performance of their duties by penalties. We appoint men who are to be con- trolled by their conscience, their judgment, and their oath. And if gentlemen seek now to change this law, which has rested here unchanged for many years — so far as this point is concerned, from 1820 down — let them say that any commis- sioner of election has, in this District, corruptly, wilfully, and intentionally, deprived any one man of a right to vote after knowing that he was enti- tled to vote, and then they will have found what has not hitherto been found — a pretext for this slur, this insult, this stigma, cast upon the judges of the last election. Sir, the great crime of that election jjwias, that the Administration were pros- trated in the dust under it. Sir, this measure is a fling of* a vanquished party against the characters of the victors — it is a poisoned Parthaon arrow shot by the flying foe, whose scratch will be dead- ly, and may avenge the defeat it could not avert. (then, after the government required its offici al menials to vote after they were driven to the polls, required them to vote an open ticket, subject to official overseers stationed to spy them out ; after the control of all the foreign votes was bought, and every stonecutter who refused to support the government was hunted out and marked, and driv- en from the city by depriving him of his employ- ment ; after all these acts had proved unequal to the task cf repressing the spirit of. the American people here, they ask now to be allowed — through the instrumentality of the tribunal where the President has the appointment of the marshal, where the marshal has the appointment of the jury, where the jury are the judge3 of the evidence, where the passions of political strife are to hold the scales which weigh that evidence — to revolu- tionize the city, by indirectly revolutionizing the law through the fears of the persons appointed to execute, not according to the dictates of fears, but of their judgments ; and all that, in order that you may reverse a decision of the people, where it was made fairly and without any imputa- tion on the regularity of the election, or the hon- esty of any one of the commissioners. If this is the bill that Gentlemen of the Democratic party want to pass, ,et them pass it. Well, sir, there is another thing resting on it. — The law of this city is as distinct as a law can lie. It says that the tax-books, the poll-books, containing the names of the voters registered prior to the 31st of December, snail not be changed. Yet, sir, the same court, in the same proceeding in which they refused a mandamus because of judicial character of the judges, took occasion to give utterance to the opinion that a party, other- wise qualified to vote, should be registered and al- lowed to vote, notwithstanding the fact that his name was not recorded upon the register prior to the 31st of December. Yet, sir, with that decision staring them in the face, contrary as it is to the express letter of the written law, of which there can be no reasonable doubt, the honorable gentle- men who desire to press this bill through the House will place the commissioners of elections in the hands of the courts. When they refuse (as under their oaths they are bound to refuse) to admit to registry any man whose name was not placed there prior to the 31st of December, no matter what the cause of the omission, these commissioners are subjected to all the penalties of the bill, at the pleasure of any jury the marshal may summon, which shall see fit to believe, in a political cause,, any evidence, no matter how vile, swearJhg that the party excluded was omitted from the register by accident or design. It is understood that there are not a few expec- tants of thi3 pressing behind, whose names are not upon the poll-books, who are awaiting the passage of this bill, in the hope that, with the pen contained in the bill hanging over the heads of the commissioners, they will not dare to refuse to ad- mit these parties to registry. Now, sir, I will not do the injustice to the other side of the House to suppose that they have I aware of the evils which I have pointed out. They are honorable and high-minded gentlemen ; and I have the confidence to believe that they would not knowingly perpetrate such an outrage upon their fellow- citizens cf this city. I have more eonfn I in the high bea/ing and manliness of gentlemen upon the other side of the House. But, sir, I have rushed so headlong in pursuit of tneir object, by this measure, that I feel bound to call attention to the carelessness with which they inflict penal- ties, which, when inflicted, they would be the to deplore. ■ They have made the effort, over and over a| to pass this, bill without discussion; to fore it through under the operation of the previous ques- tion. They have refused to allow the bill to be amended. They have refused to refer it to com- mittee, where it may be fully and fairly discussed. I am ready to pass such a bill as the Common Council of the city have asked for. They have only more election precincts and niore^time should be granted. I am ready to pass such a bill. But I am not ready to pass a bill, with or without discussion, which shall establish a principle un- known, to our laws — the principle of imposing pen- alties on our judicial officers, to insure their hon- esty in the administration of their official duties. I am still more unwilling to punish them for failing to execute a law as a court may construe' it ; in g the question on which judges and eminent lawyers differ. The honorable gentleman i p Virginia [Mr. Millsou] has stated that two law- yers in Virginia, (Mr. Patten and the pres torney General of that State,) agreed in the opin- ion that a foreigner is entitled to vote the moment he is naturalized. Sir, I will suggest to the honor- able gentleman from Virginia that lawyers do not ; :e with the authorities he has cited. In the I in Virginia, to which he alluded, one of the ablest lawyers and jurists in the State of Vir- ginia, (Mr. Scott, of Fauquier,) expressed an o ion adverse to the one he has expressed, and ad- verse to the opinion of Mr. Patten, and to the de- cision given here by the court. Yet, tfr, gentlemen propose to place the commissioners of the elec- tions, blind'-'old, under heavy personal penalties to execute aiaff in the construction of which judges and lawyers differ ! There is n» doubt that this bill derives its pecu- liar force from its connection with the existing law on the statute-book. If taken independently, it is only an insult — nothing more, and nothing less. Bt!t when taken in connection with the existing law, and its extrajudicial effect, and exposition by the courts, its effect is to enact, and enforce by pains and penalties, a lav/ which the friends of the bill know they cannot exact directly. As stafcd by the gentleman from Kentucky, the existing law does discriminate harshly between the foreigner who receives his naturalization papers the day before the election, and the young Ameri- can who comes of age after the 31st of December preceding the election. Every person who is a citizen of Washington, that is, a resident — a per- son who has his domicile here, whether foreigner Or native born, whether a citizen or not a citizen of the United States — is, according to the laws of the Corporation, required to be assessed and required to be taxed. It -is the express judgment of the court, in the opinion to which T ly re- ferred, that persons not citizens of the United States are liable to be taxed, and persons, not citi- zens are entitled to have their names put down on the poll-books; and when foreigners so entered upon the book3 receive their naturalization papers the day before the election, they are entitled to vote. Mr. JONES, of Tennessee. The act of 1848, "to continue, alter, and amend, the charter of the city of Washington," provi<: ! Corpora- tion shall hare power to lay and collect a school ttlx on every free male citizen of the age of twen- ty-one years, of one dollar perannum. Mr. DAVIS. I*am aware of that ; but it was not the law to which I referred. Mr. JONES. That act gives the Corporation the authority to lay the school-tax. Mr. DAVIS. I am aware of that. There is likewise , a general authority to ta habi- tant ; but that is not the question". I desire to meet the honorable gentlemen on the law that he has quoted. Citizen of what ? Jff citizen of the United States, then the honorable geutlei. right. If citizen court is right. The g j'-idg- ment of the court, over to which he wishes to turn the c mmissioners. Mr. JONES. I say that if the court decide that under that law the cit; t \ of Wash- ington have power to tax. an alii " atural- izeed foreigner, though he may h re for three scor- : makes an erro- neous decision. Mr. DAVIS. 1 have no doubt that that is my honorable friend's opinion. to make the opinion of the court the law. pains and penalties are unmeaning, unless con- nected with the decision of -the court. This bill is unmeaning to everybody, unless taken in con- nection with that decision. The decision of the court, however erros ir practical pur- poses, the truth. It is the . to the gentleman's pain decision itself : "27*6 Natvr :,.. — The 0] the court in this case was yesterday pronounced by Judge Dunlop, who recited the points in the controversy and reviewed! 3 adduced by counsel. lie decided, firstly : that if residence as a citizen a year previous to the election had been intended to be required by the charter to qualify a person to vote, it would have been so ex- pressed in that instrument ; but that such a re- quirement would be tne extension of the proba- tionary residence of one desiring citizenshrp a year beyond the time called for by the law on the sub- ject. It was held to be the true construction of the charter, that if the person is subject to the school tax and a resident, he has a right to rote. " As to whether the petitioner was entitled to be enrolled by the assessors as liable to a school tax, that depends on the second section of the charter, which says that ' the said Corporation have power to lay and collect a school tax on every free white male citizen of the age of twenty- one years and upwards.' In the fifth section of the charter it is required to qualify a man to rote that he must be a free white male citizen < United States ; but in the second section (which gives the Corporation power to lay and collect a school tax) it is stated that he must be a free white male citizen, omitting the words ' of the United States.' A foreigner, without being a citizen of the United States, may be a citizen of Washing- ton. " In relation to the school tax, every child be- tween five and sixteen years of age has a right of sion into the public schools, whether a child of an alien or naturalized citizen. The for- eigner who resides in the city o; >n is subject to the school tax ; ami, as the petitioner admit:; that he was subject to the school tax on the 31st of December last, it was the duty of the assessors to register his name, which they I failed to do. "In the case of C. S.Wallach, last year before the court, it was held that where the party was entitled to be registered, but the assessors had omitted his name, he should not be deprived of his right to hi producing the proper proof to the com- missioners of elections. The mandamus now ap- plied for is to compel the Register to enter the name of the applicant on the list ; but the list" hav- ing passed out of the hands of the Assessor, by ; it was made, is now in the hands of the commissioners of election. They are the parties to be controlled ; but this court could not operate upon them by a mandamus. They are quasi judg- es, and are sworn to decide, the qualification of rcters according- to their judgment and the law. Their duties are not ministerial. "Judge Morsell spoke briefly, and only as to the want of jurisdiction of the court, on which point ly concurred with the opinion expressed by Judge Dunlop." Mr. JONES. It is an erroneous decision. . DAVIS. Erroneous it may be, but to be put in force. JONES. I will, with the permission of the that the court which gives that opinion will have no jurisdiction of the case under 'I — the criminal, and not the circuit court, will have that jurisdiction. DAVIS. And the gentleman wishes to ite on the hopeful speculatien of a difference of opinion between two co-ordinate tribunals in the same district, and with no better protection than that doubt against subjecting his fellow-citi- zens, for an error of judgment of law, to pains and penalties, to jail and fine. It is a mockery of all law ; and jet, for being a trifle more careful of the rights of our fellow-citizens, gentlemen are here now threat j rth scones of bloodshed and murder, unless this law is passed. I am willing to enter c ■' eliberately into the di sion of any bill offered by i side of the House. I have prote ■ this combined effort of both sides of the House to force bills through ; I have uncovered the pitfall into which gentlemen wen on.] thoughtl ly, ia an al advanl now, witti jump ire it. I think — I honestly confess it — they did not- know it. invol . ps they did not care en to think about it. 1c shows what may be a plished b; : < er which the honorabl chairman o trict <> : o force the bill i House. It to ope] I tvo wing? ■ Jeff- s hool carry oul ■ ■ i It sh< now I ily move, when a bound till in the wive'' ge uld shrink I h gentl □ go fn tojusl ion upon and ■ bill, conceii tunil Btatul me, t the I :: the hoi minor- ity is so i to prei eioaers, vi I en the law requires three to co the election, Mr. MILLSON. I wish to say that I would be ' rmined as the gentleman from Maryland in my opposition to any bill that would subject to penalties a judicial officer, or a quasi judicial offi- cer, for any erroneous opinion he might express : and I man from Maryland, i uciations agai House, or or me, by showing what would be the ro of the bill, and how, if it pass, any of bject to penalties for an unwitting error. . DAVJS. That was the first point upon which I remarked, and I do not desire to repeat that a " knowingly," aci • . ■ mean knowing I fact from which es a conclusion, and upon the facts iate tri- re divided ; liten the com- s, and im- thai as a legal ." the reraon- , and lay be read, was read, i : members ■ :'-. Council d LI ht of ;■ to ional b ition J. B i I . style • ions,' locally o call how . that elec- I ri r 4, 1855, id a Good ly ta- ttle city of I more at the a] charges are hurlei Department alluded to for his exertions in recom- mending these contributions. We confess that we see no grievous harm in all this matter. The ad- ministration of General Pierce is committed, in the most decided and open manner, to the principles which the fanatics of the Know-Nothing lodges are assailing. The.success of these principles Is im- portant to the perpetuity of our institutions. — They are important to the honest administration of the government — they are important to the pro- tection of the rights of the States, and ofth of the citizens." These words, I suppose, are to be interpn ! id the "Democratic party," and not "the people of the United States." " They are important to the cause of law and order" — my friends have taken under special guardianship the difficulties in Kentucky — " and we do not see why gentlemen attached to such an administration should net contribu: honorable mean:;" — a singular combination of words — " to counteract the violence of organized mi great cities" — to wil re, from time iramet: the friends of my honorable friend upon th ! have made election after election one unbroken scene of violence, denunciation, riot, bullying, and bloodshed. They were taught a lessen last fall which they are not likely to forget. They then hinted at bloody resolves, and now gentlemen in- voke the same argument of fear in favor c bill; but though hundreds (it was I linted in Baltimore) wore armed — many with V: States dragoon pistols — en election day, they did not venture to ase ta'em; and we indulge the hope that these heroes at menace in Washington will be ■• valor — "w!k, ■ 1 and aim is to subvert those prin- . Some of tie Know-Nothings think the contribution referred to was intended ti votes, when the fact is notorious, that it was in- tended simply to provide convinces for such persons as yed in this city, but legal vote-is in Ball J thou- sands of men not in oilicc — men who toil for their living at h -give not only liberally of their money, but of their time, to assist the great cause of toleration and Democracy. There is scarcely a town or a township in this wide Union in which men are not to be found of this chai ac- ter. Nobody accuses them of corrupt purposes ; and we cannot see why any such accusations should be regarded for a moment when made ■ sons holding off\ land straightout Democratic Administration." This, sir, is eminently Democratic — c mceived in the just spirit of that noble sentiment of a distin- guished gentleman in another part of this Capitol, which regards adherence to the parti/ as the ex- clusive test of character, and covering with its charitable mantle a multitude of sins ! No wonder that the party is pure, when the criterion of purity is holding office under this straightout Demo administration. "Those who are not for us in this fight are against us. Men who doubt in times of trial like this should be made to give way." Doubt is no part of the Democratic creed ; and in this fight doubt is treason. Of what use is a man who doubts the fitness of governmental interfer- on elections, when those elections must be lost without it ? Doubt implies a scruple about doing what is necessary; and a man who so doubts is damned for one of steadier nerves, and must be made to give way — " to men who do not doubt, but who believe that the success of the Democratic party in the coming elections, as well of this year as 1856 " — ■ ay, sir, they have been with premonito- ry symptoms of the fall chills of 1850, for two sea- sons past ; and it is much to be i'i at ed that the shaking they got last fall may serve them with re- 1 violence, and it may lie a violence fatal to valetudinarian power. We will prepare nod- ding plumes and solemn black for decent burn: I — accidatl — u who believe that the success of the Democratic party in the coming elections, as well of this year as of 1856, i -;rvalion of the Union." In 'oed, sir, a singular combination of the bane ' -, was their ., and their conduct since 1852, which alone has shaken it — alone has disturbed it. It lay as peacefully, as quietly, as securely, in the afi if the people as an infant on it3 mother's breast, till they, at the instigation of an unholy ambifion, poisoned their blood and inflamed their passions. It was they who made the peaceful .. I with their -'lull, before 1 the pro- phetic mind of Jeft'er 1. It was they who, without o: • ly popular demand, without any political iJ'.out the excuse of any practical (;ood, hoped for or pretended, to the dismay oi of the South, and moderate >ns of the No -ambition I >ers of the slavery war, and com I he Unioif to the strife of fierce factions of which they are most danger- ous. 'lours of the Union! They are the evil of the Union, who first stirred those sub- tern: i 1 ce came that earthquake lately rooked ite deep foundation-'. To commit the Union to them for safe-keeping, is quasi aguom luno committere devorandum} But this precious collection *of election morali- ties proceeds — " We therefore heartily commend Mr. Washing- ton"— alas for that illustrious name in such a connexion! "of the Treasury Department, for his activity and energy in the contribution alluded to, and v j hope the good c.< v be lollo wed throughout the Union." That is the language of piety and good morals. Sir, the laborer is worthy of his hire ; and it does not lie in the mouth of the employer to plead the turpitude of the employment. Gratitude even, ia not misplaced to one wuo has served them well in evil doing ; but the public morals require that it should be explained that this " good example" is one only good to the men of this administration — abhorred of every other party in this country. It s is only good to that party which, after a career the least moderate, circumspect, and scrupulous, in the example it has set in its heyday of youth and power, has now, in its old age and decrepitude, become the special guardian of " principles of civil and religious liberty, so violently assailed by a se- cret political party known as the Know-Nothing party." They piously and fitly quote Scripture to prove that whoever is not with them is against them. — Their first points of political morality are imbodied in this good example ; and the honorable gentle- man from Georgia, at an earlier period of the ses- sion, discoursed largely and eloquently of secret oaths, and forbidden pledges, and midnight con- spiracies against religious and civil liberty of evil example. I listened, sir, with great pleasure, but small ed- ification, to that homily. 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