Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1879-05-07

4, ,'DT., WEDNESD1
to the people Of this country the san
great protection against the standing arm
which cess struggle Of tive hundred yea,
for the commons of England to secure fl
the British people," .
From this brief review OF the subject
sufii ciently appears that under existin
laws there can be no military interference
ence has In fact, occurred since the passin
Of the act last referred to. No officer q
the United States has appeared under Of
ders at any place of election in any statt
No complaint even of the presence Of Unite
States troops has been made in any Quarter
1t may therefore be confidently state,
that there 10 no necessity of the enactmen
Of section six of the bill before me to pre-
vent military Interference at elections. Th,
lAwA sJrssdy In force are all that are re
auire.E for that end.
But that part OF section six Of the bill
which ia significant and vitality important il
the clause which If adopted will depriv,
the civil authorities of the United States o
all power to Keep peace at congressiona
elections, and congressional elections il
every district in a very important sense arr
Justly matter Of political interest and con
cern throughout the whole country. Each
state, every political party is entitled to O
legal and constitutional suffrage. II is the
right ofevery citizen possessing the aualifl
cation prescribed by law to cast one unin
timidated ballot and have his ballot honest
ly counted. So long as the exercise of thii
power and the enjoyment of this right are
common and equal practically as we'll Al
formally, submission to suffrage will be &C
corded Loyalty and chesrfulIy and the de-
partments of the government will feel the
true vigor Of the popular will thus ex.
pressed. -
Two provisions of the eonstitp ton su.
thorize legislation by congress for the regu.
lation of congressional, elections. Section
A. Of article l, of the constitution declares
"The times, places and manner of holding
elections for senators and representatives
shall be prescribed in each state by the leg.
islature thereof, but congress may at any
time by law make or alter such regulations
except as to the places of choosing sen.
ator."
The 18th amendment of the consultation
is as follows!
Section /. The right of citizens of the United
States 10 vote shall not be denied abridged by the
United States by any state, on account OF race,
color or previous condition Of servitude.
Section Z. Congress shall have power to enforce
this article by appropriate legislation.
The Supreme Court has held that this
invests citizens of the United
States with new constitutional right which
is within the protecting power of congress.
That right the court declares to be exemp.
ton from discrimination in the exercise Of
the elective franchise ON account of race,
color, or previous condition of servitude.
The power OF congress to protect this right
by appropriate legislation expressly affirmed
by a court of national legislation TO provide
safeguards for free aud honest elections is
necessary, as experience has shown, not
only to secure the right to vote to the en-
race at the south, but also to
prevent fraudulent voting in large cities of
the north. Congress has therefore exer-
cised the power conferred by the corstitu.
ton, and has enacted certain laws to prevent
on account of race, color or
previous condition eff servitude, and to
punish fraud, violence and intimidation at
fcaerai c1e ctionE. ~
Attention is called to the following sec.
tions of the revised statutes of the United
States, viz: Section 2OO4, which guarantees
all citizens the right to vote without dis.
tinction on account of race, color or pre-.
vious condition OF servitude; sections zoos
and 20O6, which guarantee to all citizens
equal opportunity without discrimination
10 perform all acts required by law as pre-.
or qualification for voting; section
2022, which authorizes the United States
marshal and his deputies to keep the peace
md preserve order at general elections.
lection 2024, which expressly authorizes
he United States marshal and his deputies
10 summon posse cOmitntus whenever they or
my of them are forcibly resisted in the exc.
,utiOn of their duties under the, law and
ire prevented from executing their duties
,y violence; section 55l2, which provides
or the punishment of the crime of interfer.
ng with supervisors Of elections and deputy
in the discharge of their duties at
elections of representatives in congress.
These are some of the laws on this sub.
ect which it is the duty of the executive
department. of the government to enforce.
rhe intent and effect OF the sixth section
,f this bill is to prohibit all civil officers of
he United States, under penalty of fne and
luate Givii force for this purpose at the
place where their enforcement y most nee.
sssary, namely, at the places where con.
yressions) elections are held. kmong tAe
most valuable en&ots1sntssto which l have
referred are those which protect the super.
visors OF federal slections In the afschar9e
of their dnties at the pellsSsIf Ae pending
legislation should become . law there il no
power vested in any officer of The govern.
ment to protect from violence ho~(icersof
he United States engaged in the ,discharee
Of their duties. Their rights md duties
under the law will remain, but the nationsl
government will be powerless toseaforce its
own statutes. The states may employ both
military and civil power to keep The peace
and enforce the law at state elections. 1t
is now proposed to deny to the United
States even the necessary civil authority to
protect national elections. No sufficient
reason has been given for this discrimina.
ton in favor OF state and against national
authority. II well founded objections exist
against the present national election laws,
all good citizens should unite in their
amendment. The Laws providing safe
guards of elections should be impartial,
Just and efficient. They should, ii possible;
be so non-partisan and fair in their opera
ton that the minority party, cut Of power,
present laws have in practice unquestiona-
bly, conduced to the prevention Of fraud
and violence at elections. In several of the
states members Of different political parties
have applied for the safeguards which they
furhish. 1t IL the right and duty OF the
national government 70 enact and enforce
laws which will secure free and fair con.
gressional elections. The laws now in force
should not be repealed sxceptin c0nnsction
with the enactment Of meaSures. which viii
better accomplish that Important end.
Believing that section six Of the bill be.
fore me will WeSkensif It does not altogeth.
er take away the power Of the national gov.
ernment to protect eralelsctions BY civil
am forced TO the conclusion
that it ought not TO receive my approval.
That section IL, however, not presented to
me ~ separate and indeps1dent measure,
but ID, ~ has been stated, attached - the
bill making the usual annual appropriation
for the support OF Tie A41ye slts0akes's
vital change In the election laws Of the
country, which II in NO way connected wiah
the use Of the army. 1t prohibits under
heavy penalties any peTson engaged In the
civil service Of thA United 6tases from hay.
ing any force at The place of any election,
70 preseSye order, to make axrssts,
70 Keep the peace, or in any manner TO On.
force The Laws. TAis 10 altogether foreign
10 the purpose Of an army appropriation
bill. The practice Of tacking % army ~
pf0priation bills measures not pertinent %