Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1879-05-08

by majority of more tAan two-thirds it
was eoncurred in by the House of Repre- I
sentatives. The purpose of the section /
quoted was stated in the Senate by one of
its supporters. as follows:
Therefore, I hope. without getting t
into any controversy about the past, but t
acting wisely for the future, that we shall |
take away the idea that the army can be
used by general or special Deputy Mar |
shal, or any Marshal merely for election |
purposes or posse, ordering them about
the polls or ordering them anywhere else |
where there is no election going on to
prevent disorders, or suppress disturb
ances that should be suppressed by peace
officers of the State; or if they must bring
others to their aid, they should summon
unorganized citizens, and not summon
officers and men of the army as posse
comitatus to queH disorder, and thus get
up feeling which will be disastrous to
the peace among the people of the coun-
try-o
In the House of Representatives the
object of the act of 1873 was stated by the
gentleman who had it in charge in SINH
lar terms. He said:
"But these are all minor points, and ir-.
significant points compared with the
i great principle which was incorporated
by the House in the bill in reference to
the use of armed men in peace. The Sem
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
J so that the army might be used in all
cases where implied authority might be
inferred. The House Committee planted
themselves firmly upon the doctrine that,
rather than yield this fundamental prin-
: ciple for which for three years this house
had struggled, they would allow the bill
to fail, notwithstanding the reforms that
we had secured, regarding these reforms
of but little consequence alongside the
great principles that the army of the
United States in time of peace should be
under the control of Congress and obedi-
ent to its laws. After long and pro-
eracted negotiation, the Senate Commit
r tee have conceded that principle in all its
length and breadth, including the penal
ty which the Senate had stricken out. We
: bring you back, therefore, a report, with
e the alteration of a single word, and which
lawyers assure me is proper to be made,
Y restoring to this bill the principle for
: which we have contended SO long, and
), which is SO vital to secure the rights
r and liberties of the people. Thus have
+ wethis day secured to the people of this
II country the same great protection against
:, the standing army which has cost strug-
i gle of 200 years for the Commons of Eng.
+ land to secure. for the British people,
From this brief review of the subject
l. it sufficiently appears that under existing
e laws there can be no military interference
with elections. No case of such inter
t. ference has, in fact, occurred since tn,
n passage of the act last referred to. NJ
% officer of the United States has appeared
d under orders at any place of election il
'e any state. No complaint even of tn
le presence of the United States troops ha
y been made in any quarter. 1t may, there
4 fore, be confidently stated that there is n
le necessity for the enactment of section
r of the bill before me to prevent militar
D. interference at elections. The laws al
ready in force is all that is required 70
t. that end. But that part of section 6 o
s. this bill, which is significant and lvital,
Il important, is the clause which, if adopt
ed, will deprive the civil authorities G
or the United States of all power to kee
be the peace at Congressional elections. Con
r gressional elections in every district, i
~ every important sense, are justly a mai
ne ter of political interest and concer
or throughout the whole country.
If Each State, every political power is er
titled to a share of the power which
r. conferred by legal and constitutional su
by frage. It is the right of every citize
'e, possessing the qualifications prescribe
re- by law to east one unintimidated ballo
Lte and to have his ballot honestly counted
If So long as the exercise of this power an
in the enjoyment of this right are commo
an and equal, practically as well as formal,
lot submission to suffrage will be accorde
Loyalty and cheerfully and all depar
ny ments of the government viii feel Il
at true vigor of the popular will thus e,
by pressed. Two provisions of the Const
the tuition authorize legislation by Congre
in for the regulation of Congressional ele
led tions. Ssction 4, article l, of the Cons
tuition declares, ''The times, places al
ho, and Representatives shall be prescrib
err in each State by the Legislature thereo
my but Congress may at any time, by la
} to make or alter such regulations except
sal- to places of choosing Senator's - The
at amendment of the Constitution is as Fl
on lows:
| in sFSEC. 1. The right of citizens. in t
bed United States to vote shall not be deni
ner or abridged by the United States or
dis any State on account of race, color,
! as previous condition of servitude.
''SEC. 2. Congress shall have power
of enforce this article by appropriate leg
five lation.''
n to The Supreme court has held that t
bed, amendment invests citizens of the Uni
e of States with a new constitutional ris
tied which is within the protecting power
hall Congress. That right the court decla
SOL to be exemption from discrimination
sing the exercise of the elective franchise
dis account of race, color, or previous cor
her ton of servitude. The power of Congr
8 of to protect this right by appropriate lei
lation is expressly affirmed by the col
seem Rational legislation to provide 81
lter- guards for free and honest election!
Con- necessary, as experience has shown,
such only to secure the right to vote to the
law franchised race at the South, but ais
maxi prevent fraudulent voting in large ci
rt of of the North. Congress has, theref
j June exercised the power conferred by
ap- Constitution, and has enacted Ger
ows: laws to prevent discrimination on accC
IrNf nF 10