New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-04-30
THE ARMY BILL VETOED.
Continued from First Pare.

cufreu IN the employment OF any troops In violation OF
this section, and any wfully violating the pro
visions OF this section shall be deemed guilty OF
moauor and upon conviction thereof shall be punished
by fine not exceeding $4,000 or imprisonment not
exceeding two years, or both such fine and imprisoD
ment.
This act passed the Senate after full oonsidera-
ton. without single vote led against il on its
final passage, and by majority of more than two
thirds it was cOncurred in by the House Of Repre-
sentatves. The purpose of the section quoted was
stated in the Senate by of its supporters as fol-
lows:
Therefore hope without getting into any
about the past but merely acting wisely the future
tna, we shall take away the idea that the Army he
used by general orspecial deputy marshal any
them about the polls, ordering them anywhere else
when there is no election going prevent disorders
by the peace officers of the state or II they must bring
others their aid they should inorganic
citizens, aud not Summon the officers aud Of
Army as posse comltaus TO quel disorders and thus
the people OF the country.
In the House of Representatives the object of the
Act of 1878 was stated by the gentleman who had
in charge in similar terms He said:
But these are ell minor points and insignificant
points compared with he great principle which in
corporated by the House IN the bill in reference 10 the
uso OF armed men in time OF peace The senate had
already included wat they called and wnat might
accept toe principle, but they had stricken ont me
penalty, and mad stricken out tne word expressly so
authority might &c inferred. The House Committee
planted themselves ignly npon the doctrine tnai.
wnich, for three years this House has struggled,
they would allow the bill to fail, Notwithstanding
the reforms that had COMMUNICATING these
forms OF but little consequence alongside the great
principle that the Army o. Tho United states IN time OF
peace should under the control Of Congress, and ODE
dent to lis laws Aer Oug and plotraeied negotia'
ton the Sela,e Committee have conceded that princ-
Die IN all ength and breadth including the penalty
which the Senate has stricken out We bring back,
single WORD. winch the lawyers assure proper
be mad, restoring 10 this Dill the principle for which
have contended SO long, aud which is so vital TO Sc
cure the rights 0nd liberties o; the people Thus have
we tils Day secured TO the people OF tns country ine
same great protection against standing army when
cost struggle OF 200 Years Tor the Commcns OF Eng
ana 10 secure for the British people.
From this brief review of the subject sufficiently
appears that under existing laws there can be no
military interference With the elections. No case of
such interference has in fact occurred since the pas
sage of the act last referred to. No officer of the
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. 1t may therefore be conf
IDENTITY stated that there necessity for the enact
ment of section six of the bin before me, to prevent
military interference at the elections. The laws
already in force all that srequlred fOI tnat end
THE ACT UNFAIR AND UNJUST
But that part of section 6 of this bill which is
significant and vitality important is the clause
which, if adopted, will deprive The civil authOri-
ties of the United States OF all power to keep the
peace at Congressional elections. The Congress
siOnal elections in every district in very import
ant sense are justly matter of political interest
and concern throughout the whole country. Each
State and every political party is entitled to the
share of power which is conferred by the legal and
constitutional suffrage. 1t is the right of every
citizen possessing the qualifications prescribed by
law to cast one unintimidated ballO,, and to have
his ballot honestly counted. SO long the exercise
of this power and the enjoyment of this right are
common and equal, practically as well as formally,
submission to the suffrage will be accorded Loyalty
and cheerfully, and departments of Government
will feel the true yigor of the popular Will thus
expressed.
Two provisions of the Constitution authorize
legislation by Congress for the regulation of the
Congressional elections. Section OF Article /, of
the Constitution, declares:
"The times, places and manner of holding cleo
lions for Senators and Representatives shall be pre-
scrlbed IN each State by the Legislature thereof
bH the s az cent as To- D he cav paees OF OF
choosing Senators"
The fifteenth amendment to the Constitution is as
"SFCroY The right of citizens of the United
States vote shall not be denied or abridged by the
United States by any State, account OF race,
color OF previous condition OF servltude."
SEC. 2-rhe Congress shall have power to en-
force this article by appropriate legislation"
The Supreme Court has held than tins amend
ment invests the citlZensOf the United STATES with
a new constitutional right, which is within the
protecting power of Congress. That right the
Court declares TO be exemption from discrimination
in the exercise of the elective franchise on account
of race. color previous condition of seryitude
The power of Congress to protect this right by APP
propTiate legislation is expressly affirmed by the
Court National legislation 10 provide safeguards !
for free and honest elections Is necessary eXpe
Tience has shown, not only TO secure the rght 10
vote to the enfranchised at the South, but also
to prevent fraudulent voting IN the large cities OF
the North. Congress has. therefore exercised the |
power conferred by the Constitution, and has en- |
acted certain laws TO prevent determinations on ac-
count of race color previous condition of seryi
t-dn and IN mn lgh r. violence and
ton at Federal elections.
Attention is called to the following sections of
the Revised Statutes OF the United States, viz:
SECTION 2,O04-Which guarantees all citizens |
the right to vote without distinction on account of
race, color or previous condition of Seryitude.
SEcs. zoos and 2,OO6-Whch guarantee to
all citizens equal opportunity. without dscrlmina-
ton, to perform al the acts required by law as |
prerequisite or qualification for voting.
SEC. 2O22-Wlich authorizes the United States |
Marshal aud his deputies to keep the peace and |
preserve order at the Federal elections.
SEC. 2,024--Which expressly authorizes the United
States Marshal and bis deputies to summon posse |
c0mitatus whenever they "r any OF them are for |
cbly resisted the eXecu ION OF their duties under
the law, and are preYenttG from executing their
duties by Violence
the crime OF interfering Will the uDerylsors OF cleo
ton and deputy marsbas IN the discharge of their
duties at the elections Of Representatives in Con-
These are some of the laws of this subject which |
it Is the duty of the Executive Department of the
Government to enforce
bill is to prohibit all the civil officers OF the United
States. under penalty Of fine and Imprisonment |
from employing any adequate civil force for this
purpose at the places where their enforcement is
most necessary, namely, at the places where the !
Congressional elections are held Among the most
valuable enactments to which L have referred are
those which protect the supervisors OF Federal eec
tons in the discharge OF their duties az |
the polls If the pending legislation should
become the law, there Is 10 power vested III
any officer of the Government to protect from yiO-
lence the officers of the United States engaged in
the discharge of their duties Their rights and du-
fina under the law Will remain but the National