Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-05-08

States with a new constitutional right which !.
within the protecting power OF Congress. That
siS5t, the court deC.2rts TO be an exemption from
discrimination in the exercise Of the elective frau
chse on account of race color or previous condition
OF seTYItude The power Of congress TO protect this
right by appropriate legislation Is expressly affirmed
By the court. National legislation to provide safe
guards for free and honest elections is necessary,
experience has shown, not only 10 secure the right
to vote to the enraHchsed race at the SOUTH but also
10 prevent fraudulent voting IN the large cities OF the
nor h. Congress has therefore exercised the power
conferred by the constitution and has enacted
tain laws to prevent discrimination on account of
race, color previous condition of servtude and
punish fraud violence and intimidation at the fed
eral elections
Attention is called to the following sections of the
revised statutes of the United STAGES, viz: Section
2uU4 which guarantees all citizens the right TO vote
without distinction on account of race color pre-
Fous condition of serYitUde; sectohs 2J0 and 2C6,
which guarantee TO all citizens equal opportunity
without discrimination TO perform all acts required
by law as prerequisite or qualification for voting:
section ZUzZ. which authorizes the United States
marshal and his deputies 10 keep peace and preserve
order at general elections; section 2U24 which eX
pressly authorizes the United States marshal and his
deputies to summon posse c0nlitdtnS whenever
they, or any of them, forcibly resisted in the
execution OF their duty uader the law, and pre-
vented from the execution Of their duty by violence
section 5Oz2 which provides for punishment for
the crime of interfering with supervisors of cleo
tons aud deputy marshas in the discharge of dulles
at elections OF representatives in congress These
are some OF the laws this subject, which is the
uuty OF the executive department OF tie government
TO enforce.
THE INTENT AND EFFECT
OF the 9th section of this bill is 10 prohibit all
civil officers of the United States under penalty
OF tine and imprisonment from employing any
adequate civil force Tor this purpose at The place
where their enforcement is most necessary, viz:
at places where congressional elections he d..
Among the most valuable enactmentS to which l
nave referred, are hose which protect the SUI
peryISors of federal elections in the discharge of
their duties at the polls Ii the pending legisla-
8 l. Vt1Sf-
ed In any officer of the government to protect
from violence the officers of the United States en-
gaeed in the discharge of their duties. Their
rights and duties under the law will remain, hut
the nauonaI government will be powerleSS TO en-
force Its own statutes. The states may employ
ooth military and civil power to keep peace ana
tnloICe laws at state elections; II is proposed
! 10 deny to the United states even the necessary
CIVIL authority tG protect national elections. No
suIlclent reason has been given for this dIsCrim-
lnation in favor OF the stat. and against the na-
| tIohai authority. If well-iounded objections ex-
ISL against the present nat NAL election laws all
! good citZens shOu d unite to amend them SO az
10 provide safeguards of elections which shouId
! oe lmpa tlai. just and efficient They should if
poSsloie DC SO unpalt san and fair in their opera
LIONS that the minority party out of power will
nave no just ground to complain. The present
laws nave, IN practice, unquestlcnably conduced
PREVENTION
| OF ffaud and violence at elections In several Of
tne states, members of different political parties
| nave applied for safeguards which they furnish II
|
| u eHacG ana enforce laws which will secure free
| In9 lar congressional elect ems. The laws now
IN ioEce should not be repealed except in Connec-
! tlou Win the enactment of measures which will
better accomplish that important end.
relieving section OF the bill before me will
weaken II lt does not altogether take away the
po"eI, OF the national government to protect
iederal elections by civil authorities. am forced
| to the CONCLUSION
1T OUGHT NOT TO RECEIVE MY APPROVAL.
That section is, however, rot presented 10 me as
q as separate and independent meaAure but is
! mas been stated, attached to the bill making the
usual annual appropriations for the support OF
! me army. lt makes vital change in the cleo
tlon laws of the country, which is in no way con-
! necttd With the Use at the army. IL prOblbiLs
! under heavy penalties, any person engaged in
Inc civil service of the United States from having
! any force at the place of any election, prepared
10 preserve order, to make arrest, to keep peace,
or In any manner enforce the laws. This IS alto
gethef foreign to the purpose of an army appro-
| prlatlon Dill The practice of tackIug to the
! army appropriation bills measures not pertinent
10 such bills did not prevail until more than forty
! years after the adoption of the constitution. 1t
! has become common practice. All parties
| when in power have adopted it. Many abuses
! and great waste of public money have in this
! way crept into appropriation bills. The public
opinion of the country is against iC. The states
which have Tecen ~ adopted constitutions have
generally provided a remedy for the evil by
! tnacting that no law shall contain more than one
| subject which shall be plainly expressed in its
| Title. The constitutions Of more than half of the
! states contain substantially this provision. The
| public welfare will be promoted in many ways
| by return to the early practice Of the govern
mcnt and 10 the true principle of Legislation
which requires that every measure shall stand or
! il according o its Own merits If il were I'M
defstood that to attach to an appropriation
measure irrelevant to the general object of the
| oil would imperl and probably prevent its flal
| passage and approval, a valuable reform in the
/ parliamentary practice of congress would be ac-
| compliShed.
THE REST JUSTIFICATION
! that has been offered for attaching irrelevant
de5s to an appropriation bill is that it is done for
convenience sake TO facilitate the passage of
! measures which deemed eXpedient by all
! branches of the government which participate in
! legislation. 1t canuOt be claimed that there is
| any such reason for attaching this amendment
OF the election law TO the army appropriation bill
| The history CT the measure contradicts this as
! sumption. majority of the house of representa-
ives IN the last congress was in favor OF this bill
! 1t was knoWnthat jority OF The senate was OPP
! posed 10 it, and that as separate measure il
| couldn't be adopted. 1t was attached to The army
appropriation bill to compel the senate to assent
! to It. 1t was plainly announced 10 the senate
| that the army appropriation bill would not be al
| owed to pass unless the proposed amendments OF
Inc election laws were adopted with it. The sen
ate refused to assent TO the bill account of this
| irrelevant section. Congress thereupon adjourn
| ed without passing the appropriation bill for the
| army. and the present extra session of the 10th
congress became necessary to furnish means to
! carry On the government. The ground upon
! which The action Of the house Of representatives
IS defended has been distinctly stated by many Of
| itS advocates. week before the close of the
last session of congress the doctrine in question
| was stated by one of its ablest defenders, viz:
1t Is our duty to repeal these laws, but 1t is not
worth While 10 attempt to repeal them except
| upon the appropriation bill ArepuOlican senate
! would not agree to, nor q republican president
| sign the bill for such repeal. Whatever obiec-
/ ton to legislation upon appropriation bills may
be made in ordinary cases il does nOtapply where
ree elections and the liberty of citizens are con-
cerncd. We have the power to vote money.
Let us annex conditions to it and insist upon the
! redress OF the grievance"
| By another distinguished member of the house
! 1t was said: The night OF representatives of the
! people to withhold supplies is as old English
liberty. History records many instances where the
! common feeling chat the people were oppressed
! by laws that the lords
WOULD NOT CONSENT TO REPEAL
by ordinary means of LEGISLATION, obtained redress
! at last by refusing appropriations unless accom-
! panied by relief Measures
That this question of gravest magnitude, and
n W in this country, raised by this course of
! proceeding was fully recognized also by its de-
! tenders. ltwas said by distinguished senator:
| Perhaps no greater question of reform ever
! considered by he American congress in time of
peace, for it involves not only the merits and de-
| merits of laws which the house bill proposes TO
repeal, but Involves the rights, the privileges, the
! powers. the duties of the two branches OF con-
greSs, and of the president of the United States.
| 1t Is question whose importance can scarcely
be estimated. 1t is a question that never yet has
! been brought so sharply before the American
| congress and the American people as it may be
! now 1t Is question which sooner or later must
| be decided, and the decision must determine
! WHAT ARE THE POWERS OF THE HOUSE OF REPRE-
sENTArIYEs
| under the constitution. and what is the duty Of
that house in the view OF the trainers OF that con-
stltuton according TO its letter and its spirit Mr.
| President, l should approach this question II |
were in the best possible condition to speak ard
| to argue it, with very grave diffdence, and GER
| tainly with the utmost anxiety; for no one can
mink over 1t as long ana carefully as l have
! thought Of it without seeing are at the begin
ming perhaps OF a struggle that may last long ID
t1ls country, similar struggle in what we are
| accustomed TO call 'motherland lasted for two
| centuries before it Ultimately decided 1t 10
not likely 10 last long here. but 1t may last un