Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1879-05-08

the United States Marshal and his Dep
uties to summon posse comitatus when
ever they or any of them are forcibly re-
sisted in the execution of their duties
under the law, and are prevented from
executing their duties by violation of sec
ton 5522, which provides for the punish
ment of the crime of interfering with
Supervisors of Election and Deputy Mar
shall in the discharge of their duties at
elections of Representatives in Congress.
These are some of the laws on the SUBJ
ject, which it is the duty of the Executive
Department of the government to enforce.
The intent and effect of the sixth section
of this bill is to prohibit all civil officers
of the United States, under penalty of
fine and imprisonment, from employing |
any adequate civil force for this purpose |
at a place where their enforcement is |
most necessary, namely, at places where
Congressional elections are held. Among |
the most valuable enactments to which |
have referred are those which protect Su- |
pervisors of Federal elections in the dis
charge 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 engaged
IN the discharge of their duties. Their
rights and duties under the law will re-
main, but the national government will
be powerless to enforce its own statutes.
The State may employ both civil and mil
ftary power to keep peace and enforce the
laws at State elections. 1t is now pro-
posed 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 the State against the national au-
thority. If well founded objections ex-
ist against the present national election
laws, all good citizens should unite in
their amendment. Laws providing safe
| guars of election should be impartial, just
and efficient. They should, if possible,
be so non-partisan and fair in their opera
tiOn that the minority party out of power
will have no just grounds to complain.
The present laws have, in practice, un-
questionably conduced to the prevention
of fraud and violence at elections. In
several of the States members of differ
safeguards which they furnish. 1t is the
right and duty of the national govern
ment 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 section 6 of the bill before
me will weaken, if it does not altogether
, take away, the power of the national
government to protect Federal elections
! by civil authorities, I am forced to the
conclusion that it ought not to receive
my approval. That section is, however,
not presented to me as a separate and in
t dependent measure, but is, as has been
! stated, attached to the bill making the
? usual annual appropriations for the sup
: port of the army. 1t makes a vital change
. in the election laws of the country, which
} is in no way connected with the use Of
I the army. It prohibits, under heavy pen
I alties, any person engaged in the civil ser
e vice of the United States from having any
5 force at the place of any election prepared
: to preserve order, to make arrests, to keeI
o the peace or in any manner to enforce the
6 laws. This is altogether foreign to the
y purpose of an army appropriation BILL
: The practice of tacking to army appro
r priation bills measures not pertinent t.
# such bills did not prevail until more thai
Y fifty years after the adoption of the Con
: stitution. It has become common prac
# tice. All parties when in power hav
p adopted it. Many abuses and great vast
l. of public money have in this way erep
n into the appropriation bills. The publ
t opinion of the country is against it. Tn
n States which have recently adopted Con
stitutions have generally provided rem
l. edy for the evil by enacting that no la7
is shall contain more than one subject, ,whicl
f shall be -plaihl expressed in its title.-
n The Constitutions of more than half tn
ID States contaiRsz substantially this provi!
t, ion. The public welfare will be promote
4. in many ways by a return to the earl
I'd practice of the government and to th
n true principle af legislation, which rt
Y, quires that every measure shall stand {
ID fall according to its own merits.
t. If it were understood that to attach I
ne an appropriation measure irrelevant
K the general object of the bill would in
IT, peril and probably prevent its final pas
IS age and approval, valuable reform
C. the parliamentary practice of Congre
IT, would be accomplished. The best just
nd fication that has been offered for attacl
rs ing irrelevant riders to the appropriate
ed bill is that it is done for convenience SAX
#; to facilitate the passage of measur
W, which are deemed expedient by a
as branches of the government which pa
th ticipate in the legislation.
OIL 1t can not be claimed that there is al
such reason for attaching this amen
he ment of the election laws to the army a
ed preparation bill. The history of tt
by measure contradicts this assumption.
or majority of the House of Representativ
in the last Congress were in favor of t
to section to this bill. It was known tha
is majority of the Senate was opposed to
and that, as separate measure, it cou
his not be adopted. It was attached to t
ted army appropriation bill to compel t
yht Senate to assent to it. 1t was plainly a
of nounced to the Senate that the army 6
red preparation bill would not be allowed
in pass unless the proposed amendments
on the election laws were adopted with
ldi- The Senate refused to assent to the
ess on account of this irrelevant sectiC
gis- Congress thereupon adjourned withC
art. passing the appropriation bill for the
afe- my and the present extra session of
5 is Forty-sixth Congress became necessa
not to furnish the means to carry on the g
en- ernment.
o to The ground upon which the action
tioS | tho Housa of RanreSeOtatiVeS Is defant