Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-01-14
CONGRESSION L..
MILITARY INTERf ERFNCE WITH ELECTIONS.
/ In the Senate, on Wednesday, the 9th Instant

| The VICE PRESIDENT announced, as the unfinished
business OF yesterday the motion or Mr. Powell to refer
fe bill introduced by him to prevent officers of the army
paval service Of the United States from Interfering IN
elections IN the States to tho Committee the Judiciary
Mr. GRIMES opposed this reference being inappro.
pirate This bill (he sally relates to the personnel Of the
military service IL relates to these officers Of the
nniay service il does not relate to them ia their char
actsr private citizens The bill s prohibit military
officers, not individuals but in their character as mill
Ary cers from interfering with mngng ia elections
IA the States I these Interfere with the elections
As private individuals, they amenable to the laws Of
he states where they papetrate the offence but if they
Interfere with them military men, they should be
nable ms military men before military tribunal They
may act in obrd-nce to the mandate OF superior mill
tary authority That superior military authority may mol
be recognised by the judicial tribunal before which ths
Senator's bill may sond them. ! cannot conceive Of
wider departure from the rues that have hitherto been
enforced in regard to the reference Of bills the Senate
than this would be il this bill should be taken rom the
Committee Military Affairs and sent TO the COMMITTEES
the Judiciary IL is matter that relates solely to the
officers of the army officers of the army aud in
Notwithstanding to the personnel of the service Ii it
related TO the general nairs of the country admit
should properly be sent to the Judiciary Committee
Mr.. POWELL said 1t is manifest to my mind that
this bill should 80 to Tho Judiciary Committee Its object
to protect hs purity and the freedom of tho elective
franchise 1t prescrbes punshmens for certain persons
engaged in the public service who shall any way inter
Ife with the freedom OF election The Senator from Iowa
says that those persons ought To be tried before mar,
tribunals While had tins bill under consideration /
looked well 10 that point, and, due reflection, Was
clearly Of opnon that in order to effect the desired
should try these persons for this inracton of the
rights Of the voter before the civil tribunals of the country
ltTikes that all bills the object of VIII ch is pre-
SCRIBE define, provide punishment for crime shoud 90
tbs Committee judiciary This bill if it lhall
become law viii not punish these persons BY courts
inartn but will subject hen to ndictmsn punish
the civil courts where my judgment the iuris-
dcton should be vested The evil sought to he rceded
by this bill is Of startling Import We know sir thai
elections have besn carried States Of this Union the
poia Of the bayonet ngainst the will Of mhery Of quail
frd voters OF States and Of DISTRICTS and have been
amazed o find that have law upon statutebOok
pnishug soldier for interfering elections. Under
the laws Of Great Britain the harshest penalties are pre-
scrbed against persnns for such Offences aud they
punished IN the civil courts vi that kingdom IL
mistaken bribery and all such interference with elections
was by the common law crime punishabi- by fine and
imprisonment, alter indictment and conviction in the
courts Of law. The peGal statutes OF that country pre-
scribe heavy penalties against those who interfere cleo
tiOns. t@ eN.,
La conclusion Mr. POWELL bad the bill read that Sena
might perceive that its object punish ia the civil
courts CERTAIN Off which may be committed against
the freedom OF elections, and had nothing to do with
courts martial
Mr. GRIMES Mr. President, let me illustrate to the
Senator rom Keutucky what his bill propores do IL
declares that it shall be penal offence against the
i The Uned States Tor troops 10 be- kept within
mtp o any voting place An officer la command of
giment colonel, major, captain, s commanded by
his superior officer T., occupy poet ia the city of Ba
The Senator'S bill would render that captain, or
major COLONEL who 0beyed the command at his
officer amenabe tn the law, # this bill ehoud be enacted
law aud liable to be cerated n the
and forever disqualified from holding any Office Of honor ar
profit civil or military.
Mr.. POWELL. 1t is true that is the penalty pre-
scrbed but thai by unusual in free Govern
rnents IL the Senator will look 10 statute passed dur
ing the r-ign d George III he will find that all sodiers
qua, tered any city borough town be removed
their canps barracks Mt every election OF
ber Of Parliament, two miles from the place Of voting
That the law OF our English ancestors But, air. If
superior officer should give the order referred TO- IN viola
ton Of the law, if this bill should become aw that
psrr officer would bs subject I" Indictment and punish
nent by ne and imprisonment in the penitenay aud be
afterwards inelsb 10 hold office Of honor pro-
ct under this Government 1t made Intentionally
Ii would not be the officer who executed the command
alone but the officer who gave the command who would
be punished under this bill aud proper that he should
be punished SO far, then, the Senator's remark is
concerned it to to have weight whatever.
Yes cir il the aenersIin Chief Of the Amy give
such der il THE bill be passed that GenerainChief
would be- punished by fine and IN the peui
pntiary aad hr would richly deserve be punished
The object OF the bill is TO have freedom Of election
only theory but in fact tell the Senator that
less we have freedom of election have free Go.
vernment We must have fee speech, free press aud
freedom OF elections or we shall not maintain the liberties
Of the people. E
The debate was continued at great length occupying
nearly th, entire sitting by Mr. DAVIS OF Kentucky,
Mr LANE of Indians, Mr.. SALISBURY of Delaware,
Mr. POWELL. OF Kentucky, and Mr.. WILSON, of Mas.
sachusetts.
IL,
illustrative Of the proprrty Of tbs enactment Of such
a law as he proposed, that his State, Ken
tucky) and 10 the county OF Henderson, where Mr.
POWELL resides, he had Colonel John w Foster
military offer from Indians, two citizens for
exercising the right Of suffrage, and put them in PRISON
aud that Col Foster kept them mprsoned until the
day and then they turned without any charge
being made against them far he was advised He
saw some five other persons arrested by this same
individual aud carried to headquarters aud there inter
rogated aud allowed to 90 eeaI for the purpose Of in
tindaton lie further said that officers OF the Sxtyfh
regiment of Indiana located at tina in other precincts
Of Henderson county went and took their pens and struck
from the pol-book every Democratic candidate They
would allow 10 cast bic vote uness he voted for
the uther ticket These facts (sad Mr. / will have
proved II necessary, in the Senate for in contested
election going that district the matter has been proved
and be Dg prntedtbat 10 voting place in that
district they sent chaplain supervise the election
and he with his hand scratched out the names OF
certain candidates. aud then stood by and hmse admin
stered the oath to voters prescribed by the
of the military commander These things occurred In The
town aud county in which reside have in my posses-
sion ptocamations dsfung the qualifications OF voters
prescribing oaths to be taken by in tie State
of X ntucky, Issued by military commanders in conflict
with the qualifications and osths prescribed by the con-
stitutoa and laws Of Kentucky These interfsrences
should not have taken place but, have before psd
even il interference had taken place. should
siil hold this 10 be wss law. wsnt the freedom of
the press the freedom OF speech and the freedom Of suf
irage protected in the ceunry, and, II cont, would
visit with the hsrsbest punishment any officer of this
Government who undertook ang way TO interfere with
the freedom OF suffrage in sny State OF this Union.
Mr. SALISBURY also testified TO understandable in
tefsrence with elections in hs Stale by military ocets