The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-05-08
sentatiyes.

sufficiently appears that under existing
laws there can be no military interfer-
ence with the elections. No case Of
such interference has in fact occurred
since the passage Of the act last referred
to. No officer Of tho 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. II
may, therefore, be confidently stated that
there is no necessity tor the enactment Of
section 6 Of the bill before me to prevent
military interference at the elections
required for that end.
| FEDERAL AUTHORITY AT ELECTIONS.
But that part Of section 6 of this bill
which is significant and vitality important
is the clause which, if adopted, will de-
prive the civil authorities Of the United
States Of all power to keep the peace a:
/ Congressional elections. The Congress
| sional elections in every district in very
important sense are justly a matter Of
political interest and concern throughout
the whole country. Each State and
every political party is entitled to the
share of power which IL conferred by the
legal and constitutional suffrage 1t is
|
qualifications prescribed by ! It. TO cast
one unintimidated ballot and 4. nave his
ballot honestly counted. So long as the
exercise Of this power and the enjoyment
of this right are common and equal,
practically rs well as formally, submis-
sion to the suffrage will be accorded 10y
ally and checrfully, and departments Of
government will feel the true yigor Of the
| popular will thus cxpressc
CONSTITUTIONAL AUTHORIZATIONS.
Two provisions of the constitution au-
thorizc Legislation by Congress for the
Section ! of article of the constitution
declares:
The times, places and manner of hold
ing elections for Senators and Reprcsen-
tatves shall be prescribed in each State
by the Legislature thereof, but the Con-
grcss may, Mt any time, by law make or
alter such regulations, except as to the
places Of choosing Senators
The fifteenth amendment to the con-
stitution is as follows:
SECTION 1.-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
or previous condition of servitudc
SEC. 2.-Thc Congress shall have power
to enforce this article by appropriate leg
islation.
The Supreme Court has held that this
amendment invests the citizens of he
United States with new constitutional
right which il within the protecting
power of Congress. That right the
Court declares to be exemption from dis
elimination in the exercise of the cleo
tive franchise, on account Of race, color
or previous condition Of servitude. The
power of Congress 10 protect this right
by appropriate legislation is expressly
ton to provide safeguards for free and
honest elections is necessary, as expert
ence has shown. not only to secure the
right to vote to the enfranchsed race at
the South, bit also 10 prevent fraudulent
voting III the large cities of the North
Congress has, therefore, exercised the
power conferred by the constitution, and
has enacted certain laws to prevent dis
examinations on account of race, color OF
previous condition of servitude, and to
punish fraud, violence and intimidation
at federal elections.
EXISTING PROVISIONS OF LAW.
Attention is called to the following
sections of the Revised Statutes of the
United States, namely
Section 1904, which guarantees all
citizens the right to vote, without distinc-
tlon on account Of race, color or previous
condition Of servitude
Sections zoos and 2O06, which guaran-
tee to all citizens equal opportunity
without discrimination, to perform all the
acts required by law as prerequisite OF
qualification for voting.
Section 2,022, which authorizes the
United States Marshal and his deputies
to keep the peace and preserve order al
federal elections.
Section 2,024. which expressly author
ICES the United States Marshal and his
deputies to summon n posse comitatus
whenever they, or any of them, are for
chilly resisted in the execution of their
duties under the law and are prevented
from executing their duties by violence.
Section 5,522, which provides for the
punishment of the crime of Interfering
with the supervisors Of election and dep
duties at the elections of Representatives
in Congress,
These nrc some of the laws on this sub.
ject which it is the duty of the Execu.
tive Department of the government tc
enforce.
The intent and effect Of the sixth sec.
tion of this bill is to prohibit all the civil
officers of the United States, under pen.
atty Of fine and imprisonment, from EN-.
ploying any adequate civil force for this
purpose at the place where their enforce
mcnt is most nccessary--namaly, Mt the
place where the Congressional election.
are held.
Among the most valuable enactment,
to which have referred are those which
protect the supervisors Of federal election.
in the discharge of their duties at the
polls. If the pending legislation should
become tho law there is no power vested
in any officer of the government to pro
tect from violence the officers of III,
United States engaged in the discharge O
their duties. Their rights and dntie.
i. under the law will remain; but the ma
tional government will be powerless tc
enforce its own statutes. The State.
may employ both military and civil power
to keep the peace and to enforce the law.
mt State elections. It is now proposed
TO deny to the United States even the
{ necessary civil authority to protect the
national elections. No sufficient reason
has been given for discrimination in fa
vor of the State and against the nationa
authority.
} pREMoNITIoNs OF ANOTHER VETO.
If we'll founded objections exist against
the present national election laws al
good citizens should unite in theil
amendment. The laws providing the