The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1879-04-29


ciently appears that under existing laws there can
be no military interference with elections. No
case OF such interference has in fact, occurred
No soldier of the United States has appeared
under orders at any place of election In any State;
no complaint of the presence Of United States
troops has been made in any quarter.
II may therefore be confidently stated that there
Is no necessity for the enactment Of section six OF
the bill before me to prevent military interfer-
once with elections; The laws already in
force are. all that is required for that
end, but that part of section six Of this bill,
which is significant and vitality important, is the
clause which, II adopted, will deprive
the civil authorities OF the United States Of all
power TO keep peace at the Congressional cleo
tons
The Congressional elections in every district in
very important sense are justly matter OF po-
lltlcal interest ard concern throughout the whole
country In eaci State every political party is ell
titled To share the power which is conferred by
the legal and constitutional suffrage.
1t Is the right of every citizen possessing the
qualifications prescribed by law to cast one unin-
timidated ballot and to have his ballot honestly
counted. So long as the exercise OF this power
and the enjoyment OF this right are common
nomnuy nHa f2' sbssde Practically tse rssa, wS as
suffrage win be accorded Loyalty and cheerfully,
and all the departments of the Government will
feel the true vigor of the popular will thus
expressed. Two provisions OF the Consti-
for the regulation OF the Congressional elections,
Section OF Article of the Constitution declares:
'Thc times, places and manner of holding eec-
tionsfor Senators and Representatives shall be pre-
scribed in each State by the Legislature thereof.
But the Congress may at any time
by law make or alter such regulations, except as
toplaces of choosing Senators.
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 servtude
Section .. Congress shall have power to en-
force this article by appropriate legislation" The
Supreme Court has held that this amendment in
vests the citizens Of the United States
with new Constitutional right, which
is within the protecting power of Con-
gress. That right the Cons tuition declares to be
| exemption from and discrimination in the eXer-
else Of the elective franchise on account of race,
color or previous condition OF sevtudc. The
power OF Congress to protect this right by ap-
proprfate legislation is expressly affirmed by the
Constitution. National legislation to provide safe
guards for free and honest elections is necessary,
| as experience has shown, not only tD secure the
right to vote to the enfranchised race at the South
ins "n0 in large PI' cities Of IDt'A' the North.
conferred by the Constitution, % and has enacted pTedi
certain plans to prevent Determinations Oh ac-
count OF race, color, or previous condition OF
servitude, and to punish fraud, violence and in.
| tmdaton at Federal elections. Attention is
called to the following sections of the Re.
vised Statutes of the United States, viz:
Section 20Oi, which guarantees to all citizens the
| right 10 vote without distinction on account OF
| race, color or previous scrvitude; Sections 2005
and , 2OO5, which guarantee to all citizens equal
opportunity without distinction to perform all
acts required by law as prerequisite or quaitica.
| ton for voting.
Sec 2022, which authorizes the U. s. Marshal
and his deputies to keep the peace and preserve
order at Federal elections. Section 202l which
expressly authorizes the U. S. Marshal and his
deputies to summon posse comitatus whenever
they or any OF them ere forcib!y resisted in the
execution of their duties under the luw, or are
prevented from executing such duties by vic.
| lcnce.
Section 5522, which provides for pun
ishment OF the crime OF interfering with Su,
pervi ors Of Elections and Deputy Marshals in the
discharge of ther duties at elections of Repre-
senatves in Congress.
These are some Of the laws on this subject which
tits the duty of the Executive Department OF the
Government to enforce. The intent and effect o
the sixth section OF this bill is to pro
hib!t all the civil officers Of the Unitet
States, under penalty of fine and imprison
mcnt' from employing any adequat,
civil force for this purpose at the place wher,
| their enforcement is most necessary, namely, n
| the places where the Congressional elections ar,
| held. Among the most valuable enactments Il
which have referred are those which protect the
Supervisors of Federal elections in the discharge
OF their duties at the polls.
| II the proposed legislation should become law
there will be power vested in any officers Of th(
Government to protect from violence the officer
of the United States engaged in the discharge O.
| their duties
Their rights and duties under the law will re
main, but the National Government will be pow
| powerless to enforce its own statutes The State
may employ both military and civil power t.
keep the peace, and enforce the laws at Stat,
elections.
II is now proposed TO deny to the United State
Government the Necessary civil authority to pro
| tect national elections.
No sufficient reason has been given for this dis
elimination in favor OF State and against Nationa
| authority.
Ii well-founded objections exist against tn,
present national election laws, all good citizen
| should unite in their amendment
The laws providing the safe guards Of the elec
tons should be impartial, just and efficient. They
should, If possible, be so non partisan aud fair il
their operation that the minority "the party ou
of power" will have no just grounds to complain.
| The present laws have in prnctice unquestion
| ably cOnduced to the prevention of fraud anC
violence at the elections. In several Of the S ate
members Of the different political parties have ap
pealed for the 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 law
now in force should not be repealed
OF measures which will better accomplish
that important end. Believing that Section & o
the bill before me will weaken, if it does not al
together take away. the power of the Nationa
by the civil authorities, am forcec
to the conclusion that it ought not to receive my
approval. This section is, however not pre-
scntcd to me as separate and independent meas
ure, but is AS has been stated attached TO the
bill making the usual annual appropriations
the support OF the army.
1t makes vital change in election laws Of the
country which is in no way connected with the us,
OF the army 1t prohibits under heavy penalties
any person engaged in the civil service of III,
L. S. from having any force at the place OF an.
election prepared to preserve order, 10 make al
rests, TO Keep the peace, or in any manner to en-
force the laws This is altogether foreign to tn,
pu pose OF an army appropriation bill
The practice of lacking to appropriation bill
measures not pertaining to such bills, did not pre-
vail until more than forty years after the adop
ton of the Constitution 1t has become acommoI
practice.
All parties when in power have adopted it
Many abuses and great waste OF public money
have in, this way crept into appropriation
have recently adopted the Constitution
have generally provided remedy OF this evil b.
enactIng that no law shall contain more than Oh,
subject, which shall be plainly expressed in ii
title.
The Constitutions of more than half of thu
States contain substantially this provision Pub
lie welfare will be promoted in many ways by
return TO the early practice OF the Governmen
and TO the true principle of legislation
which requires that every measure shall stand o
fall according to its own merits. II were under
stood that to attach to an appropriation bill
a measure irrelevant to the gen
eral object of the bill, would
imperil and probably prevent its final passage ant
approval, valuable reform in the parltamentar!
practice Of Congress would be accomplished.
The best Justification that has been offered TO
attaching irrelevant riders to appropriation bill.
is that it is done for convenience sake to facilitate
| the passage of measures, which are deemed ex
pedient by all branches of the Government which
participate in legislation. 1t can not be claimec
that there is any such reason for attaching th
amendment of the election laws to the Army Ap
proprintion Bill