Mr. KASSON. Mr. Speaker, when the Gentfrom Pennsylvania, [Mr. Kenn3] who introduced the bill regulating suffrage in the DistCol, spoke tie other day he announced his confidence in the opinion of the fathers of the country, and particu arly of Madison, touching the proper construction of the constitution of the U.S. In that connection be criticized the declaration of the POTUS inhis message, touching the construction of the constitution as to the power of Congress to prescribe the unlifications of voters in the several States. I e suggested, it seemed to me, somewhat patronizingly toward the President, that his engagements as Governor of the State of Tennessee rendered it impracticable for him to ascertain the opinions of the fathers of the country and he is to be excused for his error, but still that it isan error, particularly concerning Mr. Madisons opinion upon the construction of the constitution: wisli, before entering directly upon the bill in dispute, to call attention to the declarations upon this subject which he introduced into his speech. He says, after criticizing and opposmg the declarations of President Johnson: "I turn to James Madison to vindicatethe sagacity of the founders of our Government. Cilioae fouinlers built not for n. ccneration but for all time. They were skillful architects, and understood the laws and principles of the business they undertook. uilt The: y square and compassand rule and omitte neither cornerstonenor cystonc from any arch in the temple they constructed to be the abodeof freedom in all time. They made it the duty of the U.S. Government to guaranty to each State a RFG and havmgdono that they did not fail to provide he meansby which the Government on which they liadlnid that duty should benble to perform it and they gave Congress the am lest power to executethat section. when, in section our. article 1, they provided that The timcs. places, and manner of holding cloctions for Sens&Reps shall be prescribed in each State by the LegJnilatnrcthereof: but the Conzrcss muy, at any time, y law, make or alter such regulations. exceptas to the placesof choosing Senators. " and, then, in order to support his declaration, that under the word “manner” in that clause of the constitution the Government of the U.S. has a right to prescribe the qualifications of voters, he cites from Elliotts Debates the following declaration of Mr. Madison: “Some States might regulate the elections on the principle ofe quality and other smight regulatethem otherwise. this diversity would heobviouslyunjust. Elections areregulated nowuneqluallyin someStates, particular SCarolina, with respectto Charles n. which as a representation of t i 8 M the any State by an mu be river! irty members. rage, it wasin godproperthat s! I HOH q the right be"media by the General Government.” Underthat declaration he teaches this House, and, through the House, the country, what I regard as the dangerous doctrine that there is no absolute right cft to a State in this Union to prescribe the qualifications of voters within that tote. I repudiate it as a construction of the constitution; I repudiate it as a proper construction of the language of Mr. Madison; and lush the attention of the House to it, especially of those who are accustomed to regard the opinions of Madison, Jefferson, Hamilton, and the framers of the constitution as controlling guides in the construction of that instrument. The Gentfrom Pennsylvania failed to read at other clause of the constitution preceding the one which he quoted, which declares expressly that “The HoRep shall be composed of members chosen every 2ndyear by the people of the several States. a the electors in each State shall havethe qualificalions re iiisile fur elector. of theMI! Numerous branch of the ale Legislature.” He therefore assumes that this express decla ration of the constitution of the U.S. is overruled by that general declaration that the “manner” of the election of members of conbrcss may be controlled by the Congress of the U.S. Now, sir, perhaps, the 1st nestion to consider is what is the properrule or the construction of the Constitution and I appeal to the gentlemans own authority upon that subject, namely, President Madison. Mr. Madison, in a letter to Mr. Hurlbert, dated May, 1830, which is to be found in the 4th volume of the works of Madison, page 78, gives the rule in the following language: “I refer articulnrly to the construction you seem to put on t io introductory clause. wc, the people. &c and on the phrases common defense and general welfarc. ” and let me say, Mr. Speaker, we have been very apt for the last few years to assume that we have very Wide powers indeed under these general introductory phrases of the Constitution. Mr. Madison says what was meant by them in the following language: “Either of these. iftaksn as a measureof the pow or: of the General Government. would supersedethe elaborate specifications which compose the body of the instrument, in contravention to the fairest rules of interpretation and ifI amto answeryour appeal as me as a witness. I must say that the real measure f the powersmeant to be granted to Congressby the onvention, as understood and believe is to he sought in the specifications to be expounded. indeed, not with the strictness applied to an ordinary statute by a court of law. nor. on the other hand, with a latitude that. in the name of means for carrying into ox ocution a limited Government would transform it into a Government without limits.” That was the declaration of Mr. Madison, and the rule that, in his judgment, ought to guide us in the interpretation of the constitution. I put it to the Gentfrom Pennsylvania, that Mr. Madison never intended that this general declaration in regard to “time, place, and manner" was to supersede the exp icit declaration of the constitution that left the regulation of the suffrage as a reserved right to the States. But, sir, I am not left merel to the declaration of the rule of construction y Mr. Madison. I cite from the same letter the followmg decla ration: “States can. through forms of the constitutional elective provmions. control the General Government. In this the General Government has no agency in elect tnte governments, and can only control them through the functionaries, particularly the Judiciary, of the General Government.” Thus he expressly repudiates the idea that we can interfere in the election of State governments, and declares that they, by their constitutions fixing the quahfications of voters, may control the Genera Government as far as it may be controlled by prescribing the qualifications of electors. Well, sir, if it is still doubted or disuted that my statement of the views of Mr. adison is correct, I will ask the Clerk to read from the F ederalist the declaration of Mr. Madison, which entered into the consideration of the country at the time it adopted the constitution of the U.S., that they may learn explicitly that President Johnson was not in error, and that this very dangerous power was not conceded to the General Government. Irefer to the passage, from piperNo. 62 of the Federalist, writ ten by Mr. Madison, touching the lproper construction to be given to that clause. t ree nforces the opinion of Mr. Madison, in 1830, by his deliberate construction given prior to the adoption of the Federal constitution.