Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-09-20

army as a posse conaitatus to execute t
,he laws, which, after long struggle +
with the republican senate, was finally
agreed to, and became law by the ap-
proval OF tho president. June 1S. 1873. T
In the last session OF the Forty Fifth G
congress, we again demanded the en-
forcement of democratic principles IN t
the administration, the absolute supre- c
macy of the civil over the military au- /
thority. tho trial by juries impartlally
selected. and the right OF election by
the people, unawed by soldiers. super
visors of elections, and special deputy
and the support of the state
governments in all their rights. by the
enactment of certain clauses in the bills
making appropriations tor the ermy and
for the legislative. executive and judicial
expenses. The republican senate refus-
ed to agree to our demands, and that
session of congress expired without tho
passage OF these bills. and the called
session Of the Forty-Sixth congress re-
suited. |.
In this called session, the senate and
house, tor the first time since 1861 were
democratic by small majorities. We re-
newed our demands, by proposing Six
distinct clauses of legislation, amending
and repeating certain clauses OF the
revised statutes of the United States,
and providing for empaneling Jurors.
The first was on the army bill, amend
ing sections POOP and 1928 OF the United
States revised statutes by striking from
each section the words ''or to keep the |
peace at the polls. So that thereafter |
no military, naval or civil service of the |
government should order. bring. keep
or have troops or armed men at any
election in any state, to keep the peace |
at the polls, to make arrests or act as |
policemen.
2. The second was clause in the leg
islative bill amending section 752. by
changing the pay Of jurors in the United
States courts from $3 to 90 per day.
8. The third was clause IN the
same bill repeating the part Of section
800 and all OF section 801. providing
special mode of empaneling jurors IN
Pennsylvania.
4. The fourth was q clause in the
same bill repeating sections S2O and 821,
| requiring test oath to be taken by all
jurors in United States courts at the dis
cretion of the Judge. or on motion OF the
United States district attorney.
5. The fifth was clause in the same
bill, providing tair mode of empauel-
ing Jurors IN United States courts. so as
to secure competent and impartial juries.
| 6. The sixth was clause in the same
bill repeating all sections OF the revised
statutes, authorizing the appointment Of
or the performance of any duty by any
special deputy marshal, or other deputy
marshal, of elections, or the payment OF
any money to such deputy marshals OF
elections for such services, and invest
ing supervisors and special deputy mar
shals with arbitrary, unconstitutional
powers. ...
To what extent did we secure these
demands?
Over the bitter oppositian OF the re.
publican party we passed both these
bills with the six clauses of legislation
named, the army bill in April. 1870 .and
the legislative bill in May. ~ --...,,.
Mr.. Hayes vetoed the army bill April
20, 1879. and the legislative bill May 29.
Determined to secure our demands il
possible. and unable to pass the bills
over the presidents veto, for want ol
two-thirds majority required by the con-
stitution in such cases. it was agreed tc
pass the army bill without the repeating
clauses, but containing section in these
words: .... 49,.
THAT no money appropriated in this
act is appropriated or shall be paid fol
the subsistence. equipment, transporta
, ton or compensation OF any portion o
\ the army OF the United States to be uset
+ as police force to keep the peace at th,
i polls at anv 'tion held within any
state"
. 1t was alsn agreed to make the ap.
preparation or the Legislative, exc
! cutive aud Idicial departments il
{ 1.-TWO separate bills, one appropriatinl
for the necessary expenses of the leg
y islative, executive and part of the ju
3 dicial departments, aud the other ap
= propriating So ,OOO,O for certain ju
diclal expenses, with the following
p clauses.
Z "And no money hereby appropria
ted is appropriated to pay any sala
n ries, compensation, fees or expenses
: under or In virtue of title 26 of th'
n revised statutes, or of ally provision
q of said title.
a "Sec. 1. That the sums appropriat
II ed by this act for the persons ant
;, public service embraced in Its pro
3 visions are in full for such person
and public service for the fiscal yea
a ending June 80, 1880, aud no depart
ment or officer of the government
v shall, during the said fiscal year max
any contract or incur any liabilities
a for the future payment under any o
the provisions of title 26 of the re
: vised statutes Of the United St4tes
; authorizing the appointment or pay
:, ment of general or special deput!
marshals for service in connection
o with elections or on election day, un
4 til an appropriation sufficient to NEE
n such contrac or pay such liabilities
e shall have first been made by law
- These three bills were then passed
= %, 1879, and the legislative bill wa
approved June 81, 1879, and the bill
appropriating $1,000, 900 for "certail
judicial expenses" was vetoed by tn
- president June %, 1879.
- 1t was then agreed to make tn
~ So 600, 900 appropriations for certain
;. attorneys aud clerks, and pay o
tual court expenses, and containin,
:; the second, third, fourth aud fiftI
- clauses oflegislation, before specified
% and the other appropriating 5000 ,O0
to pay fees Of United States marshal
i aud their general deputies, and con
J. tanning the same legislative restric
, tlons before quoted from the bil
veoted June 23d.
= These two bills We're then passed
u the first was approved and the las
veoted June 80, 1879.
!. " Congress then adjourned, and tn
y appropriations to pay fees of Unite
States marshals and their general dc
,, puties failed with the whole respou
~ sibility resting Oh the president.
n Thus ended loug, earnest and bi,
+ ter struggle between the Democrat
ic party, having bare majority in tn
v senate and house, and the republica
party, having powerful and well OF
a ganiZed minority in congress, backe,
q by the whole power of the executiv
!. department..
r In the struggle we secured the ID
ic Sd, 4th and 5th clauses OF legislatsor
,f which l have before numbered an,
l. explained, "Changing the pay Of ju
rors from SO to So per day ;" s.Re
# pealing the laws providing u specia
d mode of impaneling jurors in Penn
J. sylvania." "Repealing the test oath,
r and "Provlding uniform and fai