The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-24
THE SENATES FORCE BILL.
AN Acr THAT WOULD MIKE BUSi-
yrSs FOR THE Dd VENPORTs.


..v Private citizen Liable to Arrest under
a., vbo fails 20 Assist Cotored tui1e"
~ vote striking Mt the Liberty OF inc
Ci,iz % aud the Rights Of tue rtatc-'
v,sriNoroN. June 23.-The Chair laid
,,,,,,,. senate a communication from the
sso,nd Auditor Of the Treasury Department.
,,olosing. In obedience 70 the act OF June o.
1874. COPIES ~ all accounts OF persons ohateeu
Iii the disbursement Of goods and effects Tor
,he benefit Of the Indians for the fiscal year
,pdin, June 30. 1875. Referred
Mr. ogIesby IRE e. Ill.). from the Committee on
tnJlan Affairs. reported advorselv on the Senate
mil toauthorIze tue execution OF a resolution ot
,,s National Council Of Usage Indians in r~la-
Nor. to the pigment Of tleO,ooO Tor attorney
40. and 1t was indefinitely postponed.
On motion & { Mr.. Sherman tRep. ohio) II was
.,t,rad that the Com mis- oners OF T. Q District
Al Columbia he allowed the privilege Of the
soor during the present session.
Mr. Edmunds Clea. We moved to take up the
a.,s,. pili TO amend the I'd, 4th and 9Th sections
ofthe Enforcement act.
Mr. Thurman Dem, Ohio) opposed the mo-
,,o, md said number OF members from bis
aide ~ the chamber we're absent from the city,
.nA vas nor right to take up this debatable
,nsa.ure on when they desired to be heard
n,rne A week on which a certain other con ven
were absent, no Measure OF importance was
passed by Senators on his side.
PARTISAN MEASURE.
Mr. Edmuuds insisted on his motion, and II
was agreed to-yeas, "a; nays, IA, a stric uy
p,rty vnte. Mr. Edmunds, IN giving his vot O 10
The Affirmative. said he would vote 70 take the
bltlup, but after a reasonable time he would
M We to lay It aside to take up the Silver tin
The second section. which provides that II
sny person or oficer Of tho United States, or
oncer Of any state. or any person exercising
power or authority under the Upited States or
ANY - 70, sh y denv or abridge To- anv citizen
OF the TIM ed Stites the right and opportunity
70 vo,e tTs,Un Oh ICE Soio, or ,sa con
hne not exceeding $1,000, and DO imprisoned not
exceeding wo years.
Mr.. Turn n moved TO strike out the words
"uep'n or IN the hrst hne. so that II should
read nat. II any officer u the United, States,
or ofncer ~ my State" &c. He argued that the
word person" was too brosd In Us mesnin ,,
and that only peraons in authority could be
punished. nj not or vate o,tizeus.
Mr. Ednuu d. said tbs rigut Of So crage to every
ciuEen was universal ana sacred, and this blu
S sS %poeVer abou the eos or
sndesvored TO prevent a citizen from voting,
should De punished.
citizen, holoine no ONCE or authority, deny 20
smother snn MS r; ~; TO- y9,e t9e fourth and
ment Of persons Interfering With the rights OF
persons to vote, and the second seeuon should
nave uotnluk W w WIN pIlNdNe
AN EXTRAORDINARY PROPOSITION.
Mr.. whyte dem, MOI SAID " struck him a.
extraordinary that this section Of the DILL should
be He'd Al propIate lesisttio to enforce the
amendment appii to the States, and should
Congress IN Its wisdom, choose to anticipate
that state would deny to the colored nan his
private rights, and III Ike laws In advance, sue IA
laws should apply 10 State officers and to indi-
vid usls. lbe action Of the individuai was not
the action OF the stae. Any drunken fellow
who committed any act VIII itever, which In the
judgment of any court might he inter- reted as
preventing or denying the right Of any CITIZEN
u vote, could te punished by hne and imprisun-
ment, as provided 10 the ntlh section, more
lsid than this. Any private citizen who neg.
lected 70 assist negro man ~ youns could he
ment. Could IL be possible that such a propo-
sition should 90 forth from tue Senate of Tue
United Statesf Must q citizen be fined because
he Will not extend hts arm to a colored citizen,
and lead him up TO the ballot box. Could tho
Fifteenth Ameudm, Mt TO the Constitution be
stretched to meet such case as this
Mr.. Edmunos said the Law already on the stat
ute books mad fallen through the meshes Of tho
Supreme Court oec use OF the want Of word
and The Committee on the judiciary, so far as
they had any responsibility about II, did not m
the fate Of It's prede cessors. On the theory Of
landers might dssem ole at the polls In Baiti-
more, and without any pretence of authority
Voters 81 BALM ore from Voting o Tbis sestlon
therefore, was To cover lust such cases.
PERsIcIous. LEGISLATION
Mr.. Whyte decl red IN the fourth section Of
the Till provided for the punishne Of Just sue
cases as the Senator from Vermont had IN en- =
toned. There could not be mob IN iltim ore
or anywhere else to hinder aud DELAY men in
voting without being punished by the fourtn
section uf tuts DILL therefore, the 81 natoT (Alr
Idmundsl could not take advantage Of his (Nr.
Nbyte' 81 argument, ana place him In a falss po-
tton. To ss this section would be eDscting
hdiae net TO catch persons snd leave their fate
10 the hands Of sucn Judges ~ thew have IN
LOUISIANA, whose decisions have been a marvel
10 all llwyers.
~ n
elsd TO cooperate with the Senator from Yer
mont 20 frame appropriate legislation to carry
The fifteenth Amendment into effect, when
amendment provided that the reht Uf any cIti-
Ben 10 vote sDouId not be abridged by the
United States or by any State ON account OF
Face, color, or PREVIOUS condition Of serytude,
should he bill now before the Senate be rsssed.
apnvaIe citizen might be punished by State >w
tbl then under this law, aud thus be punished
ssce for tue same ofencs.
lhe amendment II ar. Thurman TO strike out
ssS, woes uers9n Or wss rejected oys strict
Nj White moved 10 amend the section by
sinking out the word fail" aud insert in lieu
Ml person WHO shall refuse u allow and fur
m.n 10 any citizen fair, full, I'm partial, and
tqlAI opportunity TO vote shall be deem ed
santy Of a misdemeanor. aud ON oonvielion oe
p'mshed by a fine not exceeding $le00, and be
Imprisoned not exceeding two year,. Rejected
yeas ID, naysH.
M. Norwood Dem. Ca moved to amend the
,.eoad sso.ios by striking out the woTas snd
iILlsh, heJected-nays Y, yeas 49,
M ''.,,,~hcy (Rrp., Aieh.) moved to am nd
We section by stnAinG out the words persoD
~, ~ m the hrst line, and insert at the eud OF the
,sHu Ilh' lns words " or pretending to be suOh
omeef' or assuming to exercise such AUTHORITY"
~ 10 read that II any officer Of the United
s.Attsi or onlcet ~ any state, or any person ex .
s'eslhg power or authority under the Uni' ii
saatss " any state. or pretending TO be .,rch
hnJIss' or assuming 70 exercise such au' oorir ~
4 ,TsAi aeuY or aoridRe TO any oitize a nS ~
\ blo IS w. heJected,
u toe second section OF the BIZ, as .repor1.d bv
\ Ae evA Mltee was then agre I'D 10 ~
The Third f.ecrIoS.
The committee reporter ,n,,d .oc,,o, ., tho
i OIL IS follows: 'H"u 'oe''oh VI '"o
niguo Yer y or ~ Ger the authority OF the Con
Nr " lac iassoi ny et.e. or the laws " any re r.
hqnr@d ia $3.50 " United states, any shall Do
el.ii, or sniriS7 ~ any citizen o Prereousle %
L, a.rt, IN 10 vote, tue Oner Of any such citi
II aiores.id TIE set required to be dOne
II Md ma shah, II IL fal 10 ear
Or rni, <ecut On by reason OF the wrongful
the eaty dnu OF TIE person oficer charged wi "A
q rri S.s,gsivns Or permitting such psriornsace