Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1878-09-07

! altCnllON-l IUue to the CNpeaSeS in
CURED IN carrying out the provisions of
the enforcement law-which | am sorry
|" say dIsgraccs our statute book, (act
"i March II, 1900 The act is entitled
An act to enforce the right of citizens
10 vote IN the several states OF the Un-
ION Not to punish for a violation of
the right, but to enforce the right 1t ls
4 new feature in the Legislation OF the
country, AMI owes its origin to republi-
can rule. heretofore in this country, as
III ali tree countries, il laws were viola
t"'! the person who committed the Of
tense was punished, and he was not SUBJ
irci 20 punishment until he had violated
the law; II rights were tramplcd upon,
the citizen who was wronged could pur-
sue his remedy under the law against
the oilcndcr; but under this law rights
are 10 be enforced; OF course they must
br enforced against some one who has
threatened or is abou; to commit 4 viola
ton OF right; it IS intended to guard
against an intended violation OF the law,
and the officer who is To enforce the law
must Judge OF that intention, and act ac-
coritngly, without trial-w ithout giving
the party charged with the guilty ipten-
ton an opportunity to he heard And
lnnrShals ot the several judicial districts
III the United States. prior 10 any cleo
ti"m iur members of congress, are au-
th"rized to appoint deputies nj COM
peusatiOn of 81 per day,to carry the law
into effect, and Il, the last election the
mar>hais throughout the United States
We're in-tru ted by the attorney general
that "deputics to discharge this class of
duties may be appointed to any number,
according to the discretion OF the mar
sHIis, in AL states whose shcriiis have
the power to appoint deputies; and to
enforce this right. the marshals were
further told in this letter of instruction
that they and each OF thcirdcputies have
The right tn summon to their assistance
every person IN the district above the
aye Of - Years. and including the NIL
itpry ot all denominations. militia. SOL
I dicrS or marines. all OF which are alike
( bound 10 obey YOU. The fact that they
are organized IL military bodies whether
oI state OF of the United States, under
the immediate command OF their own
officers, does not in any wise affect their
l"gal character--they are st!ll the posse
( comitut">.H
The act oi congress defines the epowers
"t these deputy narshals to be Ito keep
the peace and support and protect the
supervisor, ul elections in the discharge
OF their duties, preserve order at the
pace, OF registration aud al the polls.
Pfsr'M fraudulent registration and
fraudulent voting thcreat, or fraudulent
cpni"cf on the part OF any officer of
election, and Immediately, either at said
pl;tr'' OF registration or polling place, or
elsewhere. and either before or after
registering or voting. to arrest and take
INTO custody. with or without process.
any person who shall commit or at
tempt ur offer to commit any OF the acts
or ollrnSes prohibited by the act, or who
sinai. commit any otfense against the
laws 81 the United States.
And who are the persons upon whom
these vast powers and responsibilities
have been imposcd-the power to arrest
any citizen or any number OF citizens on
their WAY to the polls, or at the polls.
nppn their own Judgment and without
warrant. and 20 call on the military, both
state ard national. to his assistance, and
10 hu.d the parties in custody until the
time tor voting has passed? They are a
part If the great army OF ofiic, holders
who live 10y party patronage and feed
on executive favor; political bummers,
whose bread and butter upon the success
"i the party in power-ignorant. Tor the
most part. of all law. They are to de-
;crminc vino, under the law, is entitled
to vote; who ha, committed. or is about
Tt commit. fraud upon the elective
franchise: how the election law is to be
interpreted. and what are the rights of
citizens under it Surely. in all the his
tory OF American legislation. there never
was law so traught with danger to the
liberties OF the people.
just before the last presidential
81 rIl"n the secretary OF war issued an
order 10 ;hr commanding general of
iHe army directing him to hold all
hr available force under his COM
mani not engaged in subduing the
Sava@"a on The western frontier, in
rc2dlncss 10 ne used upon the call or
r"qaiSltIon OF the proper legal auth
toTlti"> for protecting all citizens.
without distinction OF race, color. o1.
political opinion, in the exercise of
the right t" vote as guaranteed by
the ti;tcc~th amendment. That means
I" secure the election OF the republican
ticket by military force wherever it.
could h" used advautageousiv. And
tins l. called securing the freedom
.! elections and enforcing the right to
vote
Ihi- enforcement law was put into
operation in the city of St. Louis at
the last presidential election. in 1876.
the | nliei states circuit court an.
p"lHted two supervisors of election.
anI the marshal appointed one thou
sand and twcntv-cIght deputies, at
nVe dollars per day each, to aid the
supervisors aud supcriutend the cleo
hon. | protested in open court
"galnSt the appointment of the su-
prrvlsnrs. upon the ground that the
law was unconstitutional. The dem
uiy marshal did not dare to make
any arrests, because they had no mil.
'tnry force to support them; and any
| attempt to make an arrest would
have beer resisted, an ought to have
| been resisted. But one thousand
| political bummers aud electioneerers,
| distributed at ninety precincts, were
able To accomplish something for
| th"ir party, and the result was the
election of tire. republican members
tr"m The city of st. Louis.
In the city OF New Orleans these
| deputy mnrshals did make large
| numb n ofarrcs,s, and deprived MANY
citizens of the right to vote. There
they had a military force to support
them-a part of the Uuited States
army within the city.
| The WHO C number of special dep.
utirs appointed at the November
election OF 1876. according to an Off
rial report made to t!c last congress.
iii the different cities of the United
states, amounting to n,l66-at S.
per day wouid be upward Of S55, 900
a ~ a. al l.,-