The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-05
TROOPS AT THE POLLS.
THE REAL ISSUE BEFORE CONGRESS
AND THE AMERICAN PEOPLE.

THE REAL ISSUE BEFORE CONGREss
AND THE AMERICAN PEOPLE.
History of the PerniciOus Legislation
THAT the Democrats Propose To Re-
peal-The Beginning Of nm Important
Parliamentary Struggle.
Correspondence New York SUM-
WASHINGTON, March 30.-The Republican
leaders in the present House OF Representa-
tives are not displaying that consummate
tact and marked ability which has heretofore
gives their side decided advantage in polit-
ical debate. In the preliminary skirmish OF
the great struggle which is soon to engage
the attention of the whole country, the DEM
oerats have won all the points of vantage. In
their partisan zeal the Republicans have
risked their whole case upon false issue, and
unless their adversaries stupidity blunder,
they will be morally defeated before the CON-
test Is fairly begun. Already the impartial
sense Of the thoughtful portion Of the people
has been prejudiced by the inconsistency OF
Republican Senators like Conkling, Blaine,
Anthony, Hamlin and Hoar, inveighing
against the removal of Senate officers on the
ground that 1t was blow at civil service re-
form. Such arrant hypocrisy is eaualled only
by the shameless demagoguery OF the men
who assert that the Democratic majority in
Congress is determined to either revolution
lie the government or to starve 1t to death.
The simple issue involved In the leglsla-
ton proposed to be incorporated in the army
appropriation bill is this: Has the House OF
Representatives the right cOnditionally to
appropriate money p Under the rules OF the
the proposed legislation in order upon an ap-
PROPAGATION bill: First, is it germane; and,
second, is it In the interest OF economy. The
legislation which the Democratic majority
propose In the army appropriation Dill Is SIM
ply the repeal OF a single sentence OF section
2O02 of the Revised Statutes. It was under
the cover of the colorado authority which
this single phrase conferred upon the Execu-
tive that Federal soldiers were put to. the
baSest partisan use in almost every Southern
State. The employment OF troops for the
purpose of controlling elections Is not only
violative of the spirit of our institutions, but
Is menace to the life OF the Republic. So
jealous Of the military power are the Eng ish
people that one OF the conditions upon which
a standing army is permitted to exist Is that
on election days troops shall be quartered in
their barracks, and not suffered to approach
within two miles Of a polling place. All Eng
lish and American writer's upon election laws
hold that the mere presence OF troops at the
polls, without any interference upon their
part, is presumptive evidence that the cleo
ton was not a fair and free expression OF the
viii Of the qualified electors. The use OF
troops, therefore, for the ostensible purpose
to the genius OF republican institutions, at
variance with the spirit Of our constitution,
and Is standing menace TO the liberties OF
the people.
And yet the Republican leaders In the
House insist that to strike out of q section OF
the Revised Statutes half dozen words which
were never intended to confer the power that
has been exercised under them. revolution
airy blow aimed at the Life OF the government.
To appreciate the absurdity Of this PROPOSE
the history of the act of 1865, which the
Democrats propose to amend The constitu-
ton places the army wholly under the con-
troll Of Congress- The President Is COM
mander-in-chief, but subject to the rules and
regulations prescribed by Congress. The act
of 1895 prescribed the manner In which the
President should, upon the request OF the
Legislature OF a State, or OF the Governor,
the Legislature not being In session, en-
ploy the militia to suppress insurrection
control. Theact Of 1908, after the formation of
O regular army, authorizes the use OF Federal
soldiers In accordance with the constitutional
provisions to suppress domestic violence,
State authority. Thus the law stood in 1861,
when the necessity Of civil war justified Con-
gresS In ebestoWing extraordinary power upon
the President. The civil war having ended
in the overthrow OF the rebels and the undis-
puted establishment of the civil authority IN
every Southern State it was deemed proper
to recall the extraordinary power which had
been vested in the President as commander
in-chief of the army aud navy. For this pur-
pose Senator Powell, OF Kentucky, intro
duced at the first session of the Thirty-eighth
Congress q bill to prevent military inter-
ference in elections In the States. He desired
t, have 1t referred to the Judiciary Commit
tee. but the Republican majority sent it to
the Military Committee. This was in 1864,
when the war fever was still at a white heat.
1t was claimed that the rebellion was not yet
at an end; that spirit OF defiance still ex-
listed even in the border States Of the South
toward the Federal authority, and that it
would be unwise to lift entirely the heavy
Committee OF the Senate reported adversely
upon Senator PowelPs bill, and, after much
discussion, it was informally laid aside. On
June %, 1864, Senator Powell again called it
The essential portion Of the bill, as Senator
Powell proposed 1T, was as follows:
''That it shall not be lawful for any mill
tary or naval officer Of the United States, or
other person engaged in the civil. military
or naval service of the United States, to order,
bring, keep or have under his authority or
control any troops or armed men within one
mile OF any place where any general or spe-
cial election is held In any State of the United
States OF America, unless it shall be neces-
ShI W lCpC1 lAC OIL AuCa Cl1SAulC6Ol lll0 OullGu
States"
Senator Pomeroy, Of Kansas, successfully
moved to amend the clause by adding, cor to
keep the peace at the polls" whereupon Mr.
Powell said: Il object to that. It would de-
stroy the effect Of the bill. The State author
tiles can keep peace at the polls" And Sena-
tor Salisbury, Of Delaware, said: "That is
the very pretext on which these outrages
were committed in my State, and it is the
very same pretext that will be put forward
again"
Senator Pomeroy claimed that the troops
had been used in the Territory OF Kansas
ostensibly to preserve the peace at the polls
and he thought the Democrats should be
chary Of legislating now altogether to pro-
hibit the use OF troops really to preserve
peace at the polls.
Senator Howard, of Michigan, of the Com
mittee on Military Affairs, explained that the
adverse report from his committee was upon
the ground that it is not the right of an
enemy of the country to vote or exercise any
political functions, whether that enemy be a
rebel, traitor in arms against the country,
and hence domestic enemy, Or whether he
be a public enemy. owing allegiance to a for