Mr. KELLEY. M Speaker, so successful were the labors of those who had determined from the 1st to prevent the formation of a perfect Union, and so thoroughly was the spirit I.mnu contended that the 3 than aderul letter. I mont move for n bill to regulatethe time.place, and of State rights infused into the political philosophy of that da, that in 1807we find a ep Representative from Virginia, who was too well informed and too frank and eoura cons to deny that what I claim had been put into the constitution was there, declaring in the national HoRep that the controlling power of Congress over elections in the States had become a “dead letter, ” because it had not up to that time been exercised. I speak of John Randolph, of Roanoke. The following paragraphs are from a debate, November 12, 1807, on the contested election case of Barney vs. Creery, and will be found in the Annals of Congress, 10th Congress, 1st session, page 887. Mr. Fisk, of Vermont, (subsequently a judge of the supreme court of that State. said that " There was one part of the Constitution applicable in the present discussion which had not been noticed. lle alluded to the 4th sectionof the 1st article. “The times places and manner, the Mr. Fisk would only ask the Gentfrom Virginia, 11 I [Mr. llijiudolpluj who had so nbly defended the right of the States il the power of cougresswasnot coequal and coextensive With “that of the States, Congress might alter and prescribethe rule of electionsso far asrespected the time. manner and place. The word "manner" is italicized in the report. Ift ogentle States h a right to fix qualifications. he must also admit that Congress had the sameright. “Mr. Randolph, of Virginia, said in reply: The Gentfrom Vermont has quoted a part of the Constitution which had nothing todo withthis subject which, inflict. in that day was nothingbetter Would the Gentfrom Ver manner of holding electionsin the several Statesfor members to that House? After all thatcould be said, practice. long established practice under the Constitution was the bestevidence what the constitution was. Powers indisputably exercised by the States ever sinceits adoptionwere as much departed from the General Government and imported to the Statlrespiat especially delegated by the Constitution itse. Sir, may I not ask whether the war just closed has not demonstrated the falsity of the doctrine that essential powers of the Government muy die in consequence of their nonexercise for a term of years? The war against the rebellion called into energetic activity vital powers of the Government that had lain dormant since the adoption of the Constitution because theyhad never been called into action by the exigenc against which they were or dailied to rovi e. Sir, to the eat authoritiesl haveinvoed I add one more. To name him wrll doubtless surprise the House. li Whatever Gentlemen may think of his patriotism, none will deny John C. Calhouns familiarity with the phraseolo orhistory of the Constitution, and in a s eec in the Senate, April 2, 1846, 0n the hi 1 for the admission of Oregon, he said: “ Whatever differenceof opinion there may beasto what other rights appertuin to a citizen. all must at least agree that he hus tho right to petition and alsoto claim the protection of his Government. These belong to him as a memberof the body politic, and the possessionof thein is what separates citizens of the owestcondition from aliens and slnycs. To an pose that a State can make an alien a citizen of the tale, or to present the partition more specially, can con/erpn himIlieriM of eating, would involve the absurdity of giving rim adircct and immediate contrql over the action of the General Government, from which hehas no richt to claim protetion, and to which he has no right to presenta eti on. That thqfallforce of the absurdity maybefrrl, it iniut bebornein wind that every dept of the General Governmen{tcos the rdirectly or indirectly umlrrt/ieconfrol of the voters as the several Storm. The Constitution wisely provides thntjhe voters for the most numerous branch of the Legislature in the several States shall vote for the members of the HoRep.” The reference to this clause of the Constitution shows that its provisions were distinctly before the mind of Calhoun when he denied the unlimited control of the State over the right of suffrage: and as the membersof this body [the Senate] are chosenby theLegislaturesof theStates, and the presidential electorseither by the Legislatures or voters in the several States. it follows, as I have stated, that. the action of the General Government is either diroctly orindirectiy under the control of the voters of the several States. New. admitthata State emu confer theright of votingon all “liens and it will follow no u "emu um consequence that ire mighthave among our eorutilucnlspersonswho havenottheright to claim the protection 0, !the Government to prosen!apdilion toit." Sir, the absurd suggestion of lohn Randolph is repeated in these days, and I am met by Gentlemen on this floor with a tacit admission that those who framed and adopted the Constitution did understood that the power was in the Constitution; but, while admitting this, Gentlemen point me to the decisions of courts and to the action of States for a period of 8 years and so thatit is not there now. I admit the facts. so that through the power and prescience of e great statesmen who controlled vthe councils of that Convention, and their recent memories of the misery entailed upon them during the days of the Confederacy from the want of an adequate Government. the people were up to the true mark, and instituted a Government which should be sufficient for the maintenance of their liberties and the protection of the rights of the States. But when it came to the hands of politicians, slaveowners, importers and breeders of slaves, it was miscOnstrued and cmasculated; but though a gap of 80 years stands between this day and the great era of pristine constitutional truth. I hesitate not to say that the lar c collection of volumes which contain eases onbted, cases denied and cases over ruled will be swollen by all that has been done and that the people will yet assert, and that with udicial sanction, the original powers of the constitulion, dormant though tiey have been through that long period. Did I any long? I should have said brief period, for what are 80 years in the life of a nation whose territory is so bread as ours; whose mineral and agricultural resources are so wide spread, vast, and varied; whose people are so sparse yet so intelligent, energetic, enterprising, and patriotic; and whose institutions are based on principles so righteous and so inspiring? To each a nation 8v years are but as the passin moment to the life of a citizen. Let me ask teattention of the House to one case by which nearly 35 years of unbroken action of the U.S. Government, State governments, U.S. court! and State courts were all set aside by one u dicial decision. It was in 1820 that the It is souricompromise was adepted. They who had made the Constitution then presided over and administered the Government; they were in the Senate; they were in the representative Hall of the country; and they in ealaw under the ction of the Constitution which gave peace an prosperity to the country for more than 30 years. Under that constitutional compromise the Northwest grew up and became a land of public schools and churches, with a prosperous people, more enlightened and more blessed than had ever been a people holding so widtla1 a territory or any territory upon the broad cart. Yet, air, where are the unbroken lines of decisions made under that law; where are the lines of State and national action, and what is to be said of their constitutionality? No Gentleman n on the Administration side of the House will rise and say that any of it was constitutional. The breath of a bench, uncon sciously corrupted by the spirit of a degenerate era, sWept it. away, and an enlightened and honest bench, imlled by a faithful people, will yet decide that Congress has the right to do what the proposed amendment will give it the undisputed power to do. This amendment, will, in my judment, but reinvigorate a dormant wer, an I want the people to go back to the fountains of polities wisdom, where they will see that if they mean to maintainthis Government. peacefully, they must put into the Constitution exress powers equivalent to these. For myself, find in it now, powers by which the General Government may defend the rights, liberties, privileges, and immunities of the humblest citizen wherever he may be upon our countrys soil. The eloquent gentleman who now so gal lantly leads the Administration rty here, the Gentfrom NewJersey [Mr. Recess] in is frank and brilliant speech of yesterday, asserted that the right of suffrage was property.