The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-01-18
.FOR7Y-EOURYH CONGRESS.
SECOND SESSION,
Proceedings of the Senate And House
Yesterday.
SENATE.
WASHINGTON, January 10.
This body met at the usual hour.


THE OCCUPATION OF PETERSBURG BY THE
MILITARY.
At the expiration of the morning hour
Mr.. Withers call up the message by the
President in regard to the occupation OF
Petersburg by the military on election
day, and yielded the floor to his colleague
Mr.. Johnston, who spoke at length on
the subject.
Johnston quoted from previous de-
bate in the Senate to show that the Sena-
tor from Ohio (Sherman) stated that Vir-
ginia was not in the same condition as
other Southern States, and that peace
prevailed in the State. Mr.. Johnston ar
gued that there was perfect peace in the
State. Colored people had their rights,
and the two races lived together in har'
mony. He contended that the President
had no authority to send troops to PEERS
burg because there had been a street
fight at previous election. ltwas never
intended by the founders of the Govern
ment that the power of the Uni'ed
States should be evoked for the mere
purpose of keeping the peace. The Con-
stitution contemplated the use of the
army only in concert with State authori'
ty in suppressing domestic violence. He
then quoted from circular of the Attor-
ney-General giving instructions to Unit
ed States marshals, and said ifthe Attor-
ney. General was right in his Construc-
ton of the laws, a deputy marshal could
take the Governor OF State from his Of
fee, or Judge from his bench and com
pei them to serve in his posse and thusa
sovereign State might be overthrown.
He then referred to the Petersburg elec.
ton and said there were 2 sou colored
voters in that place, They were organ
lied into squads of ten each. Two hun
dred and fifty captains for these squads
were appointed and each captain held a
commission of deputy marshal. On cleo
ton day each captain marched his squad
to Il polls and said that they voted the
Republican ticket.
Mr.. Withers said the Congress of the
United States had been engaged for sew
eral weeks past in considering how to
count the electoral vote. 1t was true that
the presence or absence of troops at a
small town in Virginia might be small
matter, but the question involved was
whether the Executive Department of
the Government should be permitted to
control the ballot by the army of the
United States, and thus destroy freedom
of elections. If this could be done with
impunity, Congress had been wasting
time in talking about counting the cleo
toral vote. The presence of the military
at the polls, for the purpose of inhuenc
ing the popular will, filled him with
alarm for the safety and perpetuity OF
free Government He then read from
the message of the President; OF January
1875, in regard to the occupation Of New
Orleans by the military, to the effect tha
military interference with any branch OF
the State Government was repugnant to
our ideas of government, and resnming
his remarks, asked what change had
come over the President since he gave
utterance to those sentiments, Why had
the President since committed acts which
he formerly declared should not be per
mtted. 1t appeared now that upon the
simple ipse dixit Of tn gentleman in the
Attorney Generals Office, the rights of
the State of Virginia had been violated.
1t was for the people of this country to
decide whether such loose Interpretation
of law would be for their interest or their
ruin. Not only had military been used
to take possession of the government, ,bnt
it W now gathering around the Capitol,
and Senators and Representatives were
| to legislate in the shadow of troops. He
referred to the history of other Republics
and asked what were the three things
which preceded their downfall-Corrup
tion, fraud and violence. We have had
corruption, and frauds had been practiced
in the election, as every one knew, and
who would say when third step would
be taken. The people of Virginia were
honestly devoted to the principles OF
constitutional liberty, but they had pass
ed through affection and knew what it
was to suffer. They had lived under a
despotic power in the past and could live
under it again in the future. 1t was for
the Northern people to say whether
tney would give their consent to the
change.
Mr., Whyte said the difficulty in regard
to sending troops into State grew out
of the legislation of 1865. The act of
Congress of that year provided that troops
might be sent into State to keep peace
at the polls. That was broad authority
and the law should be amended by re-
moving the words ITO keep the peace at
the polls"
MIR. WitheIs submitted the following:
ReooIued, That the Committee on Jn-
dietary be instructed to examine wheth
er the construction of laws touching the
elective franchise promulgated by the
Attorney General in General Orders No.
SO of the date, September 7th, 1876. be
correct, and that they report by bill or
otherwise. ....
The resolution was agreed to and the
Senate resumed the consideration of the
report of the Committee on Rules, revis-
ing rules for the government Of the Senate
which were agreed to in Committee oi
the Whole and reported to the Senate.
Pending discussion the Senate ad'
L 1 .