The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-05-02

The foregoing enactments would seem
TO be sufficient to prevent military inter-
ference with elections; but the last con-
gress, to remove all apprehension of such
interference, added to this body of the
law section Is, of an act entitled ian act
making appropriation for the support of
the army for the fiscal year ending June
80, 1872 approved June Is, 1873, which
is as follows:
SEC. Is. From and after the passage
of this act it shall not be lawful to en-
ploy any part of the army of the United
States as a posse cODaitdtlLs, or otherwise,
for the purpose of executing the laws,
except in such cases and under such cir
cumstances as such employment of said
force may be expressly authorized by
the constitution or by act of congress.
No money appropriated by this act shall
be used to pay any of the expenses in
CURED in the employment of any troops
| in violation of this section, and any per-
son willfully violating the provisions OF
this section, shall be deemed guilty of a
misdemeanor, and upon conviction there
of, shall be punished by fine not ex.
ceeding $4,000, or imprisonment not
exceeding ten years, or both such fine
and imprisonment.
This act passed the senate, after full
consideration, without single vote re
corded against it on its final passage, and
a majority of more than two-thirds. II
was concurred in by the house of repre-
sentatives. The purpose of the section
quoted was stated in the senate by one
of its supporters as follows:
Therefore, hope, without getting in
to any controversy about the past, but
acting wisely for the future, that we shall
take away the idea that the army can be
used by a general or special duputy mar.
shall, or any marshal, merely for election
purposes, ordering them about the polls
or ordering them anywhere else where
there is no election going on, te prevent
disorders or suppress disturbances that
should be suppressed by the peace Off
GERS of the state; or if they must bring
others to their aid, they should summons
unorganiZed citizens, and not summon
the officers and men of the army as 6
posse cOmItdtuS to quell disorders, anC
thus get up feeling which will be dis
astrous to peace among the people of thu
country
In the house of representatives the oh
ject of the act of 1873 was stated by thu
gentleman who had it in charge in SINH
lar terms. He said: "But these are al
minor points, and insignificant compared
with the great principle which was in
4
reference TO the use of armed men at tn,
polls, in place of the senate amendment
there already, intending what they call
ed and what we might accept as prin
ciple, but they had stricken out the pen
atty, and had also stricken out the wort
expressly" so that the army might b.
used in all cases where authority was i'm
piled, and while the house COMMITTEES
planted themselves firmly upon the doc
trine that rather than yield this funda
mental principle, for which for thret
weeks the house had struggled, the
would allow the bill to fail, notwith
standing the reforms that we had secur
ed, regarding these reforms as of but lit
tie consequence alongside of the grea
principle that the army of the United
States, in time of peace, should be undel
the control of congress, or subject to it!
laws. After long and protracted mega
ton the senate committee have conced
ed that principle in all its length anC
breadth, including the penalty which thu
senate had stricken out. We bring vol
back, therefore, report with the altera
ton of single word, which lawyers as
sure us is proper to be made, restoring II
this bill the principle for which we havt
commended so long, and which is to pro
tect the civil rights and liberties of thu
people. Thus have we this day secured
to the people of this country some grea
protection against standing army which
cost struggle of two hundred years by
the commons of England for the British
people,"
From this brief review of the subject
it sufficiently appears TO me that undel
existing laws there can be no military
interference with elections. No case O
such interference has in fact occurred
since the passage of the act last referred
to; no officer of the United States has ap
peared, under orders, at any place o.
election in any sl9tei no complaint ever
of the presence of United States troops
has been made In any quarter, It may
therefore be confidently stated that there
is no necessity for the enactment of sec
ton six of the bill before me, to prevent
military interference at elections. The
laws already in force are all that is re
quired for that end but that part of sec
ton six of this bill which think is sig
nificant and vitality important, Is olausG
which If adopted Will deprive the civil
authorities of the use of all power to keeL
the peace at congressional elections
| Congressional elections in every district
in very important sense, are Justly 8
matter of political interest and concern
throughout the whole country. In each
state every political party is entitled to 6
share of the power which is conferred
by legal and constitutional suffrage. i
is the right of every citizen possessing
the qualifications prescribed by law, tC
cast an unintimidated ballot, and to have
his ballot justly counted. So long a.
the exercise of this power and the enjoy
ment of this right are common and equal
practically as well as formally, submits
sion to suffrage will he accorded loyalty
and cheerfully, and the departments O
the government will, with true Vigor o.
the popular will thus expressed, enforce
them. Two provisions of the constltu
ton authorizes legislation by congress
for the regulation of congressional cleo
tiOns. Section four of article one, of the
constitution, declares the times, places
and manner of holding elections for sen
ators and representatives, shall be pre-
scribed in each state by the Legislature
thereof, but congress may at any time
by law, make or alter such regulations
except as to the places of choosing sena
tors. The 18th amendment of tile con
stitution is as follows;
SEC. l. The right of citizens Of thl
United States to vote shall not be denied
or abridged by the United States or any
state on account of race, color, or pre-
Vious condition of servitude.
SEC. 2. Congress shall have the poYe
to enforce this article by appropriate leg
islation.
The supreme court has held that thi
amendment invests citizens of the UniteC
States with new constitutional rights
which is within the protecting power o
congress. That right is declared to b.
exemption from discrimination in tn,
exercise of the elective franchise on &C
/ count of race, color, or previous condi
ton of servitude. The power of con
gress to protect this by appropriate leg
islation is expressly affirmed by the cOuri
National legislation to provide safe
guards for free and honest elections
necessary, as experience has shown, no
only to secure the right to vote to the en-
franchised race at the south, but also 4
prevent fraudulent voting in the larg
cities of the north. Congress has excl
cised the power conferred by the consti
tuition, and has enacted certain laws T.
prevent discrimination on account O
race, color or previous condition of SCI
vitude, and to punish fraud, violence ant
intimidation at Federal elections. Al
tention is called to the following section
of the revised statutes of the Unitet
States:
Sec. 1904 Which guarantees to al
citizens the right to vote, without dis
tinction on account of race, color, or pre-
Yious condition of servitude.
SECS. zoos and 2.0O6. Which guarante
to all citizens equal opportunity, with
ont DISCRIMINATION 80 narfOr.,o aII 90