Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-29

~ posse conaitdtus or otherwise for the pur-
pose OF executing the laws, except in such
cases and under such circum stances as such
of said force may be expressly
by the constitution or by act Of
congress, and no money shall be used 10 pay
any expenses incurred in the employment
Of any troops in violation of this section,
and any person willfu!ly violating the pro.
visions Of this section shall be deemed gull
ty Of misdemesnor, and upon conviction
thereof, shall be punished by fine not ex-
ceeding ten thousand dollars or imprison.
ment not exceeding two years, OF both.
The act passed the senate after full con-
alteration without single vote recorded
against it on its final passage, and by ma
jority Of more than two-thirds it
was concurred in by the house of
representatives. The purpose of the sec
ton quoted was stated in the senate by one
Of its supporters as follows: "Theiefore
hope, without getting into any contro
versy abou: the past, but acting wisely for |
the future, that shall take any idea that the
army can be used by a general or special
deputy marshal; or sny parshal, merely for
election purposes or posse ordering them
about the polls or ordering them anywhere
else when there is no election going on, to
prevent disorder or suppress dis- |
turbances that should be suppressed
BY peace officers Of the state, or if they must
bring others to their aid they should sum-
mon unorganized citizens, and not summon
officers and men of the army as a posse COM
itatus to quell disorder, and thus get up
feeling which will be disastrous to peace
among the people of the country"
In the house Of representatives the object
Of the act of 87S was stated by gentleman
who had it in charge in similar terms. He
said: "But these are all minor points and in
significant points compared with the great
principal which was incorporated
reference to the use of armed men in time
of peace. The senate had already included
what they called, and what we might &C.
cept as principle, but they had stricken out
| the penalty, and had stricken out the word
expressly" SO that the army might be ustd d
| in all cases where implied authority might
be intcrterred with. The house committee
planted themselves firmly upon the doctrine
that rather than yield this fundamental
principle for which for three years the
house had struggled, they would allow the
bill to fail, notwithstanding the reference
that we had secured regarding
| these remaining, of but little consequence
along side the great principle that the army
of the United States. in time of peace,
should be under the control of congress and
obedient to it's laws. Alter long and pro-
tracted negotiations the committee have
conceded the principles, in all its length
and breadth, including the penalty which
the senate had stricken out, We bring you
back therefor q repOrt-a report with the
alteration of single word-which lawyers
assure me is proper TO be made, restoring
to this bill the principle for
which we have contcnded so long,
and which is so vital to serve the rights
and liberties Of the people. Thus have We
this day secured to the people of the coun-
try the same great protection against q
standing army which cost struggle of 200
years for the commons Of England to sever
from the British people.
From this brief review of the subject it
sufficiently appears that under existing laws
there can be no military interferences with
elections. No case of such interferences
has in fact occurred since the pas.
sage OF the act last referred to.
| No officer Of the United States has acted un-
der orders at any place of election in any
state; no complaint even Of the presence Of
United States troops has been made in any
quarter. 1t may therefore be confidently
stated that there is no necessity for the en-
ac,ment Of section 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
tion six of the bill, which is significant
and vitality important, is the clause which,
if adopted, will deprive the civil author
tiles of the United States Of all pow.
or to keep the peace at congressional elec.
tions. Congressional elections in every dis
trict in every sense are Justly matters Of
political interest and concern throughout the
whole country. In each state every political
party is entitled to share of the power
which is conferred by legal and constitution
al suffrage. 1t is the right Of every citizen
possessing the qualifications prescribed by
law to cast one unintimidated ballot. and to
have his ballot honestly counted. So
long rs this power and the enjoyment
of this are common and equal, practi-
cally as we'll ss formally, submission
to suffrage will be accorded legally
aud cheeriully, and departments of the gov
ernment will feel the true vigor of the no.
pular will thus expressed.
Two provisions Of the constitution au,
thorize legislation by congrass for the re-
gulatiOn of congressional elections. Sec.
tion four of article one of the constitution
declares that the times, places and manner
of holding elections tor senators and repre-
sentatiyes shall be prescribed in each t,tc
by the legislature thereof; that congress
may at any time by law make or alter
such regulations, except as to the place of
choosing senators. The 18th amendment
Of the constitution is as follows:
!, Section l. The right Of citizens of the
United States to voto shall not be denied OF
abridged by the United States or by any etate
on account Of race, color or previous condi
ton Of servitude.
Sec. 2. The congress shall have powe,
to enforce this article by appropriate legisla'
tion.
The supreme court has held that thi.
amendment vests citizens Of the United
States with new constitutional rights, which
is within the protecting power Of congress
This right the:.court declares to be e1emp
ton from discrimination in the exercise o
the elective franchise on account Of race, ,colol
or previous condition Of servitude. The
power Of congress to project this right BY
, appropriate legislation ia expressly affirmed
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