Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-04-29

ANAeNNAo anu small
be prescribed in each State by the
legislature thereof, but congress may
at any time by law, make or alter such
regulations, except as to places of
choosing senator's.
The fifteenth amendment of the
constitution is as 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.
Sec. 2. Congress shall have power
to enforce this article by appropriate
Legislation"
The Supreme Court has held that
this amendment invests citizens of the
United States with a new constitu-
tional right, which is within the pro-
tecting power of congress. That
right the court declares to be exemp-
tion from discrimination in the exer-
else Of the elective franchise on ac.
count Of race, color or previous condi-
ton OF servitude.
The power of congress to protect
this right by appropriate legislation,
expressly affirmed by court national
legislation to provide safeguards for
fair and honest elections is necessary,
as experience has shown not only to
secure the right to vote to the enfran-
chised race at the South, but also to
prevent fraudulent voting in large
cities of the North. Congress has
therefore exercised the power con-
terred by the constitution and have
enacted certain laws to prevent dis
elimination on account Of race, color
or previous condition of servitude.
and to punish fraud, violence and
intimidation at Federal elections.
Attention is called to the following
sections of the revised statutes of the
United States, viz: Section 2004.
(which guarantees all citizens the right
to vote without distiction on accountof
race, color or previous condition of SER
vitude. Sections zoos and 2006 which
guarantee to all citizens an equal op-
portunity, without discrimination, to
perform all acts required by law as pre-
requisite or qualification for voting.
Section 2022, which authorizes the
United States marshal and his deputies
to keep peace and preserve order at
federal elections.
Section 1924, which expressly ac-
knOwledges the United States marshal
and his deputies to summon posse
comitatus whenever they or any of
them are forcibly resisted in the exc
cution Of their duties under law, and
are prevented from executing their
duties by violation of section 5522,
which provides for the punishment of
the crime of interfering with supervi-
sors of election and deputy marshals
in the discharge of their duties at the
elections Ofrepresentatiyes in congress,
are some of the laws on this subject,
which it is the duty of the executive
department of the government to en-
force. The intent and effect of the
sixth section of this bill is to prohibit
all the civil officers of the United
States, under penalty Of fine and i'm
prisonment, from employing any ade-
quate civil force for this purpose at
the place where their enforcement is
most necessary, namely, at places
where congressional elections are held
Among the most valuable enact
ments to which l have referred are
those which protect the supervisors
of Federal elections in the discharge
of their duties at the polls. If the
pending legislation should become
law there is no power vested in any
officer of the government to protect
from violence the officers of the
| United States in the discharge of
their duties. Their rights and duties
under the law will remain, but the
national government will be powerless
to enforce its own statues,
The States may employ both mill
tary and civil power to keep the peace
and to enforce the laws at State cleo
tions. 1t is now proposed to deny to
the United States even the necessary
civil authority to protect National
elections. No sufficient reason has
been given for this discrimination in
favor of State and against National
authority. If well founded objections
exist against the present National
election laws, all good citizens should
unite in their amendment Laws
providing safeguards of elections
should be impartial, just and efficient
They should, if possible, be so non
partisan and fair in their operation
that the minority party out Of power
will have no just grounds to complain
The present laws have, in practice,
unquestiopably conduced to the pre-
EeRtipn of fraud and violence at
elections, IN several of the States
members of the different political
parties have applied for safeguards,
which they furnish. 1t is the right
and duty of the national government
to enact and enforce laws which will
secure free and fair congressional
elections. The laws now In force
should not be repealed except in
connection with the enactment of
measures which will better accomplish
| that important end. Believing that Sec
tiOn 8 Of the bill before me will weak |
en-, if it does not altogether take away
the power of the national government
to protect Federal elections by civil
authorities. | am forced to the con-
clusion that it ought not to receive my !
approval,
That seeti9p is, however not pre-
sented to me as separate and indie |
pendent measure, but is. as has been
stated, attached to the bill making the
usual annual appropriations in the
election laws Of the country, which is |
in no way connected with the use of
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