The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-09-04

{
the State elections, the colored citizens of the
| South, at present, can have no protection
| against dlsfr&nchlsement at their own State
! elections. The decision of the Supreme Court
was rendered in 1876, since which time the
! House OF Representatives has been in the
hands OF Democrats Colored voters cannot
look to a Democratic Congress for appropriate
legislation to secure the rights of citizens under
| the Fifteenth amendment to vote st State cleo
lions, without distinction of race, color or pre-
vious condition of servitude." When the Re-
publlcans shall again control both houses of
Congress, and not till then, can the coiored cit
liens OF the Southern States hope to have this
great amendment made effective to give them
their constitutional right to vote at State cleo
tions.
Fellow citizens, it is an error to suppose that
the appointment Of Deputy Marshals to assist
In the enforcement of the Election laws is
military appointment, or increases the use of
military power. If Marshal or Sheriff
meets with forcible resistance he may embody
9 posse. That is not a military proceeding.
1t is civil proceeding. But his posse may in
clude such persons as are within his jurisdic-
ton, whether civilians or soldiers This is not
peculiar to Marshals in keeping the peace at
Congressional elections, but is a necessary
power of both Marshals and Sheriffs, as off,
GERS of the peace.
The outcry against the Marshals and against
the military, being called upon on proper
occasions to keep the peace is groundless and
absurd. We have but a handful of men in our
peace establishment, compared with the extent
and population of the country. 1t is employed
IN overcoming resistance to the laws, and in
keeping the peace on our interminable from
tiers, while cur navy is wanted to police the
ocean.
Gentlemen, thu characteristic of Govern
ment as distinguished from league or confed-
Grafton OF States is that the Government has
power to enforce its own laws by the use of all
It's force when necessary. Ii the laws are re-
sisted with force, that force must be overcome,
and Government such as the United States is
has power to do it. even to the extent of using
the military. 1t must be so, OF it would fail of
it's mission. The attempt of the present Con-
gress, therefore, to take away that power was
blow aimed at the heart of the General Govern
ment.
The trainers Of the constitution knew what
was necessary to make good Government and
provided that whenever any resistance to any
law Of the United States should become too
great to be otherwise overpowered, force should
be applied under the constitution and laws.
This is precisely the difficulty with Democrats
in Congress. They wish to make an exception
in the case of the Election laws, and to have all
resistance to those laws left to the States If
the Election laws are to remain in force then
the power to enforce them should remain. The
Election laws which provide for Supervisors
and give the Marshals power to appoint special
Deputies, were made necessary by the enor-
nous frauds in New York and other cities, and
by the frauds and intimidation in the Southern
States. ui. .at
The Supervisors are by the law authorized to
observe what is done by the officers Of election
In receiving and counting the votes. Their du-
ties are harmless and need to annoy nobody
who is willing to have an honest election. The
law requires the appointment of the two Super
vlsors from different parties and this the courts
have carried out In Cincinnati last year,
where the Democrats refused to serve the
court took one from the Republican and one
from the National or Socialist party.
The constitution and the laws enacted under
it gave to the Government expressly all the
powers which we have ever claimed for the
execution of the laws By the constitution
(Art. l, Sec. 8, Oh. 13) Congress has power to
provide for calling forth the militia to execute
the laws of the United States, suppress insur-
rection ard repel INVASION"
Article 2, section 2, chapter |: @The Presi-
dent is the Commander in Chief of the army
and navy, and of the militia in the several
States when called into active service"
Vie sha1 take care that the laacs be FAITHFULLY
executed"
Article 4, section 4: ~The United States shall
guarantee to every State in this Union repub-
s&ch of them against INVASION" and. on proper
application, against domestic violence"
BY the Fourteenth amendment to the consti-
tuition, "AL persons born or naturalized in the
United States, and subject to the jurisdiction
thereof, are citizens Of the United States, and
of the State wherein they reside"
The Fifteenth amendment has already beer
quoted.
l cannot quote the acts which have been
passed On the subject giving power to the Gov
eminent to enforce all the laws by the Mar
shals-and where resistance is too great to be
otherwise overcome, by the President calling
forth the militia, or using the army or navy as
he may deem expedient These Enforcement
acts have been passed at sundry times and re-
main unrepealed.
The first Enforcement act was passed by
Congress in 1892 which provided that the
President have authority ito cali forth the
militia to suppress insurrection, and to over
come resistance to the execution of the laws
too powerful to be overcome by the ordinary
means" 1t was also provided shat the United
States Marshals and their Deputies should have
in each State the same powers in executing the
laws of the United States as Sheriffs and their
Deputies may have by law in executing the
laws thereof"
The second Enforcement act was passed in
Washlngton's second administration, somewhat
charging the authority. These provisions
have been enlarged and strengthened as occa-
sions have arisen, but never repealed. In1S33,
in the administration of Gen. Jackson, it was
enlarged to enable him to deal with South Car
DINA IN it's efforts to nullify the operations of
the Tariff law in that State. In 1861 another
act was passed to meet the emergencies of the
Rebellion.
In 1865 an act was passed providing g that it
should not be lawful for any military officer to
bring troops to the polls unless to resist inva-
sion or to keep the peace at the polls"
| This act seems to have been caused by the
use of Inc troops the year before to prevent
the rebels from coming home to carry the cleo
| tions against the Union, and for the Confed-
| eracy, in Kentucky.
| BY the act OF April 9, 1869, "All persons
| born in the United States, and not subject to
any foreign power, excluding Indians not
taxed, are hereby declared to be citizens of the
| United States;" and under the ninth section of
the act the President ia authorized to employ
| the military power to enforce the protection of
such citizens in their rights.
| By section $500 Of the United States Revised
| Statutes:
whenever instruction, domestic violence,
| unlawful combinations, Or conspiraces in any
State SO obstructs or binders the execution OF
the laws thereof, and of the United States, as
%o olo ~ no "a