Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-04-30

stitution or by act of congress, and nc
money appropriated by this act shall
be used TO pay any expenses incurred
in the employment Of any troops in
violation Of this section, and any
person wilfully violating the provi-
siOns of this section shall be deemed
guilty Of a misdemeanOr, and, upon
conviction thereof, shall be punished
by fine, not exceeding $4,000 or i'm
prisOnment not exceeding two years,
or both of such fine and imprisOn-
ment."
This act passed the senate after full
consideration without a single vote
recorded against it on its final passage,
and by a majority of more than two
thirds it was concurred in by the
house of representatives.
The purpose of the section quoted
was stated in the senate by one of its
supporters as follows Therefore, |
hope without getting into any contro-
versy about the past, but acting wisely
for the future, that we shall take
away the idea that the army can be
used by general or special deputy
marshals, or by any marshal merely for
election purposes, or posse, or using
them about the polls, or ordering them
anywhere else where there is no cleo
ton going IN to prevent disorders or
suppress disturbance that should be
suppressed by peace officers of the
State; or if they must bring others to
their aid they should summon amor
ganized citizens and not summon Off
GERS and men Of the army as a posse
c%Omitatus to quell disorders, and thus
get upa feeling which will be disas-
trOus to peace amongthe people Of the
country"
In the house Of representatives the
object of the act of 1878 was stated by
the gentleman who had it in charge in
similar terms. He said But these
are all minor points and insignificant
points compared with the great prin-
ciple which was incorporated by the
house in the bill in reference to the
use of armed men in peace. The SEN
ate had already included what they
called and what we might accept as a
principle, but they had stricken out
the penalty, and had stricken out the
word expressly so hal the army
might be used in all cases where i'm
piled authority might be interfered
with.
-.
The house committee planted them
selves firmly upon the doctrine, that
rather than yield this fundamental
principle, for which for three years
this house had struggled, they would
allow the bill to fail, notwithstanding
the reforms we had secured, regarding
these reformso of but little consequence
alongside the great principle that the
army of the United States in time of.
peace should be under the control of
congress and obedient to its law. AT.
ter long and ~protracted negotiation the
senate committee have conceded that
the principle in all its length and
breadth, including the penalty, which
the senate had stricken out, we bring
you back, therefore, a report with the
alteration Of a single word, which
lawyers assure me is proper to be
made restoring to this bill the prin-
ciple for which we have contended so
long and which is so vital to secure
the rights and liberties of the people.
Thus have we this day secured to
the people Of this country some great
protection against a standing army,
which cost a struggle of 300 years for
the commons of England to secure for
the British people,"
Upon this brief review of the sub.
ject it sufficiently appears to us that
under existing laws there a be no
military interference with elections.
No case of such interference has in
fact occurred since the passage of the
act last referred to-. No officer of the
United States has appeared under
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 hal there is no necessity for
the enactment of the section of the
bill before me to prevent military in
reference at elections. The laws
already in force are all that is required
for that end. But that part of section
6, of this bill, which is significant and
vitality important, is the clause on
which it is adopted, and will deprive
the civil authorities Of the United
States Of all power to keep the peace
at congressional elections.
Congressional elections in every
district, in every important sense. are
justly matters Of political interest
throughout the whole country. In
each State every political party is
entitled to a share of the power which
is conferred by legal and constitutional
suffrage. 1t is the right of every
citizen possessing qualifications pre-
scribed by law to cast one unintimi-
dated ballot, and to have his ballot
honestly counted 80 long as the
exercise OF thls power and the enjoy
ment Of this are common and equal,
practically as well as formally. Sub
mission to suffrage will be accorded
loyalty and cheerfully. and the depart.
ments Of the government will feel the
true yigor of the popular will thus
expressed.
Two provisions Of the constitution
authorizing legislation by congress for
the regulation Of congressional cleo.
tions, section 4 of article | of the
constitution, declares that the times,
places and manner of holding elections
for senators and representatives shall
be prescribed in each State by the
legislature thereof, but congress may
at any time by law, make or alter such
regulations, except as TO places of
choosing senators.
The fifteenth amendment of the
constitution is MS follows