The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-05-08

ence of United States troops has been made in
any quarter. 1t may, therefore, be confidently
stated that there is no necessity for the enact
ment of section of the bill before me to pre-
vent military interference at elections.
The laws already in force are all that is re-
CURED for that end But that part of section 6
of this bill which is significant and vitality i'm
portant is the clause which, if adopted, will de-
prive the civil authorities of the United States
of all power to keep peace at Congressional
elections. Congressional elections, in every
district, in very important sense, are justly
matter of political interest and concern
throughout the whole country Each State
every political party-is entitled to share of
the power which is conferred by legal and con-
stitutonal suffrage. 1t Is the right of every
citizen possessing the necessary qualifications
prescribed by law to cast one unintimidated bal
lot, and to have his ballot honestly counted. So
long as the exercise of this power and the en-
joyment of this right are common and equal,
practically as well as formally, submission 70
suffrage will be accorded loyalty and cheerfully,
and the departments of the Government will
feel the true vigor of the popular will thus ex-
pressed. Two provisions of the constitution
authorize legislation by Congress for the regu-
lation of Congressional elections
Section of Article L of the constitution de-
clares:
The times. places and manner of holding
elections for Senators and Representatives shall be
prescribed III each
but Congress may, at any time, by law, make or
alter such regulations, except as to the Iplaces of
choosing Senator'S. 4t. ii
The Fifteenth amendment to the constitution
is as follows:
Section l. 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 previous condition of servitude.
Sec. 2. The Congress shall have power to enforce
this article by appropriate legislation.
The Supreme Court has held that this amend
ment invests citizens of the United States with
new constitutional right, which is within the
protecting power of Congress- That right the
court declares to be the exemption from dis
elimination in the exercise of the elective fran
chise on account of race color or previous
condition of servitude. The power of Congress
to protect this right by appropriate legslatlonis
expressly affirmed by the court of national leg
islation; to provide safeguards for free and
honest elections, is necessary, as experience
has shown, not only to secure the right to vote
to the enfranchised race at the South, but also
TO prevent fraudulent voting in the large cities
of the North Congress has, therefore, exer-
Ct sed the power conferred by the constitution,
and has enacted certain laws to prevent dis
elimination on account Of race, color or previ-
GUS condition of servitude, and to punish
fraud, violence and intimidation of Federal
elections
Attention is called to the following section of
the Revised Statutes of the United States viz ::
Section 2.0O4, which guarantees all citizens the
right to vote without distinction on account of
race, color or previous condition of servitude
Sections zoos and 2,OO6, which guarantee to all
citizens an equal opportunity without dis
elimination, to perform all the acts required
by law as prerequisite or qualification for
voting. Section 2,022 which authorizes
the United States Marshal and his deputies
to keep peace and preserve order at Federal
elections. Section 2,024, which authorizes
the United States Marshal and his deputies to
summon posse comltat1s whenever they, or
any of them, are forcibly resisted in the execu-
ton of their duties under the law and are pre-
vented from executing their duties by violence.
Section 1922, which provides for the punish
ment of the crime of interfering with Super
visors of Election and Deputy Marshals in the
discharge of their duties at elections of Repre-
sentatives in Congress.
These are some of the laws on this subject,
which it is the duty of the Executive Depart
ment 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 i'm
prisonment, from employing any adequate
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 enactments to
which have referred are those which protect
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 pro-
tect from violence the officers of the United
States engaged in the discharge of their duties
Their rights and duties under the law will
remain, but the National Government will be
powerless to enforce it's own statutes. The
States may employ both military and civil power
to keep the peace and enforce the laws at State
elections It 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.
1t we'll founded objections exist against the
present national Election laws, all good citizens
should unite liz their amendment Laws pro-
viding safeguards of elections should be i'm
partial just and efficient. They should, if pos
sible, be so partisan and fair in their oper-
alton that the minority party out of power will
have no just grounds to complain. The pres
ent laws have in practice unqdestionably
conduced to the prevention of fraud and VIC
lence at elections. In several of the States
members of different political parties have ap-
piled for the safeguards which they furnish.
1t is the right and duty of the National Gov
eminent to enact and enforce the laws which
will secure free and f&ir Congressional cleo
tons. The laws now in force should not be
repealed except in connection with the enact
menu OF ID0 measures WHICH Will DottST dcCOIll-
plish that important end. Believing that sec
ton 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 the civil authorities am forced
to the conclusion that it ought not to re-
ceivc my approval That section u.s. how
ever, not presented to me as separate
and independent measure, but is, as has
been stated, attached to tho bill making the
usual annual appropriations for the support of
the army 1t makes vital change in the
Election law of the country, which is in NO
way connected with the of the army. 1t
prohibits, under heavy penalties, any person
engaged in the civil service of the United States
from having any force at the place of any cleo
ton prepared to preserve order, to make ar
rests, to keep the peace, or In any manner to
enforce the laws. This is altogether foreign
to the purpose Of an army appropriation bill
The practice of lacking to the Army Appro-
priation bills measures not pertinent to such
bills did not prevail until more than forty years
after the adoption of the constitution. 1t has
become the common practice. All parties, when
in power, have adopted it. Many abuses and
great waste of public money have in this way
orept into appropriation bills. The public
opinion of the country is against it. The States
1axv0