The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-05-01

that
SHOULD BE SUPPRESSED
by a peace offer Of the State; or, il they
must bring others to their aid, they should
summon unorgsnized citizens snd not sum-
mon Officers and men of the army as a
posse emmjtus 10 quell disorders aud thus
get up a feeling which will be disastrous
TO peace among the people of the country"
In the House Of Representatives, the OBJ
iect of the act Of 1878 was stated by the
gentleman who had il in charge in similar
terms. He said:
"But these are all minor points and in
significant, compared with the great prin-
c'ple which was incorporated by the
House in the bull in reference 10 the use of
armed men. The Senate had already in
cluded what they called and what We might
sccept a. a principle; but they had stricken
out the penalty and had stricken out the
word expressly" 40 that the army might
be used in all cases where the implied
authority might be inferred; and with the
House committee,
PLANTED THEMSELVES FIRMLY
upon the doctrine that rather than yield to
the fundamental principle for which, for
three yesrs, the House had struggled, they
would allow the bill to fail, notwithstsnd-
ing the reforms that we had secured, re-
garding these reforms a. Of but little con-
sequence along side the great principle that
| the armv of the United States in time Of
peace, should be under the control Of Con-
gress and obedient to its laws. After long
| and protracted negotiation, the Senate
committee have conceded that
principle, in all is length and breadth,
including the penhlty which the Senate mad
stricken out. We bring you back, therefore.a
| report, with the alter alton of single word,
which lawyers assure US is proper to be
| made, restoring TO the bill the principle Tor
| which We have contended 80 long and which
| il so vital to the civil rights and liberties
| the people. Thus have We this day secured
| to the people OF the country some great pro-
| lection against the standing army, which
| cost a struggle Of twenty years for the Com
mons OF England for the British people"
FROM THIS BRIEF REVIEW
of the subject, it sufficiently appears to me
that, under the existing laws, there can be
| no military Interference with elections.
| No case Of such interference has, in fact,
| occurred tince the passage of the act last
| referred to. No officer OF the United States
| has appeared under orders at any place Of
election in any State; no complaint, even,
of the presence of United States troops has
been made in any quarter. 1t may, then, be
confidently stated that there is no necessity
for the enactment of section 6, of the bill
before me, to prevent military interference
at elections. The laws already in force
are all that is required for that; and that
part of section 6, of the bill which is sig
nitcent and vitality important, il clause
which, if adopted. will deprive the civil
| authorities of the United States Of all its
power to
| KEEP PEACE AT CONGRESSIONAL ELEC-
| TIoNs.
Congressional elections, in every district,
in every important sense, are justly mat
ter Of political interest and concern
| throughout the whole country. In each
State, every political party is entitled to its
| share OF the power which ia conferred by
legal and constitutional suffrage. 1t ia the
right Of every citizen, possessing the quail
tications provided by law, to cast an uniutimi-
! dated ballot and TO have his ballot Justly
| counted. So long as the exercise OF the
power and enjoyment of this right are COM
mon and equal, practically as well as for
| maily, submission TO suffrage will be ac-
corded loyalty and cbeerfuliy, and depart
| pents OF the Government will teel the true
yigor Of the popular will thus expressed.
two provisions Of the constitution au-
| thorize legislation by Congress for TIE &c
| gulaIIoa Of Congressional election. Sec
| lion 4, Of article CUe OF the constitution
declares that the times, places and manner
of .hOiJiug elections Of Senators and Re-
representatives. shall be prescribed in each
State by the regular statutes thereof but
Congress may, at any time, by law,
MAKE OR ALTER SUCH REGULATION,
except as to the place of cAosing Senator's
The Fifteenth Amendment Of the constitu-
ton is az follows:
| SECTION |. The right Of citizens Of the
United States to vote shall not be denied or
abridged by the United States or by any
State, on account of race, color, or previous
condition of servitude.
| "oECrIoN .. Congress shall have the pow
er to enforce this article Inappropriate leg
| islatiou."
| The Supreme Court has held that the
| amendment Invests citizens Of the nited
States with a new constitutional right,
which is within the protecting power OF
Congress. That right declares 10 be exemp
| from discrimination in the exercise OF cleo
ton franchise, on account OF race color or
| previous condition of servitude. The pow
er of congress TO protect the right by appro
pirate legislation is expressly affirmed by
| the court.
National legislation, to provide ssfe-
guards for free and honest elections, is nee
essary, as experience has shown, not only
to secure the right to vote TO the enfrsn-
chised race at the south, but al.o to
PREVENT FRAUDULENT VOTING
in large cities Of the North. Congress has
therefore, exercised the power conferred by
the constitution, and has enacted certain
laws to prevent discrimination on sccount
| OF race, color or previous condition Of
servitude, and to prevent fraud, violence
and intimidation at federal elections.
Attention is called to the following Sec
| tions of the revised statutes of the United
| States, to-wit: Section 2004 which guar
antees to all citizens the right to vote,
| without distinction on account of race,
color or previous condition Of servitude !;
sections zoos and 2006, which guarantee to
| all citizens equal opportunity, without dis
elimination, TO perform all acts regarded
by law as here requisite, or qualifi cation
for voting section 2022, which authorizes
| the United States Marshal and his deputies
TO keep peace and preserve order at federal
elections /; section 2025, which expressly
authorizes United States Marshal. and hi-
deputies to summon posse c0nmitus,
when ever they OF any OF them are forcibly
resisted in the execution of their duties or
under the law are prevented from executing
their duties by violence; section BOZ,
which provides for the punishment of the
crime of interfering with supervisors of
election andl deputy :marshals, in the dis
charge Of their duties at elections OF Rep
resentatives in Congress.
THEE ARE SOME OF THE LAWS
on this subject, which it is the duty OF the
Executive Department OF the Government
to enforce. The interest and effect of the
9th section of this bill il TO prohibit all
civil officers of the United States, under
penalty of fLe and imprisonment, from en-
ployipg any adequate civil force for this
unite in their amendment.
THEIR RIGHTS AND DUTIES,
under the law, will remain; but the national |
government will be power!ess to enforce its
own statute.
States may employ both the military and |
civil power TO keep peace and enforce laws
at State elections. 1t is now proposed to
deny to the United States the pecessary
civil authority IN prntect N stinnal eI.c,i.ps |