Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-05-02


fined not more than 900 and suffer imprisonment
at hard labor not less than three month nor mora
than five years
The amendment proposed in this statuto
in the bill before me Omits from both OF the
foregoing sections the words. 'or to keep
the peace at the polls.
The effect of the adoption of this amend
ment may be considered FIRST, upon the
riobt of the United States Government to
use military force to keep the peace at the
election of members Of Congress Second,
upon the right OF the government, by civil
authority. to protect these elections from
violence and ieaudS.
In addition 10 the sections OF the statute
above quoted. the following provisions CT
law relating 20 the use OF the military pow
er at elections are now in force
The President hero gives The sections oil
the U. 5. Statutes which provide that no
soldier or sailor in the L. 5. army shall
prevent any qualified voter from freely ex-
ercising the right OF suffrage, or compel
any State officer from receiving vote from
a qualified voter upon heavy penalties OF
fine. IMPRISONMENT and dsq ratification from
holding any Office Q. honor or trust under
the United States.
AMPLE SAFEGUARDS AGAINST MILITARY INTER-
FERENCE.
The foregoing cnactments would seem to
be sufficient to prevent military interference
with the elections, but the last Congress, to
remove all apprehensions OF such interior
ance, added to this body Of law, Section Is
of an act entitled. IAN act making appro-
priations for the support OF the army Tor
the fiscal year ending June Both, 1875. and
for other Purposes june 18th, 1875.
which il rs follOWs
Section IT, nom and after the passage OF Thu act it
shall not be lawful TO employ any part OF the army OF
the United States as posse conltatus or othefWl-t
for the purpose OF executing the laws except IN such
cases and under such circumstlncts AZ such en-
ployment Of sa force may be specially author 1ed
by the Constitution or act Of Congress, and no
money appropriated by this act shall be used to
pay any OF the expenses incurred IN the employ
nent OF any troops in violation o: this section. and
any person wiliy violating the provisions OF tins
section shall be deemed guilty OF a misdtnelnor
and on conviction Thereof, shall be punished by
fine not exceeding Two years, or by both such hne
and lmprsonment
This act passed the Senate alter full
consideration without single vote record
ed against it on its final passage, and by
majority of more than two-thrds 1t was
concurred IN by the House Of Representa-
tives.
The purpcs. of the section quoted was
stated in the Senate by one Of It7 support
ers. as follows
Therefore, / hopc without getting into any con
trovrrsy about the past, but acting wisely Tor the
future, that We shall take away tne idea that the
army can he Ised 10y general or special deputy
marshal or any marshal merely for election pur
poses as pose, ordering them about thu polls or
ordering them anywhere else wien Their i no cleo
ton going on to prevent disorders or TO suppress
dstu rbances that should be by the peace
officers Of the State, or II they must bring Others to
their aid they should summon the unor sanzed
citizens and rot summon the officers and men OF the
army a a posse cemitGfEs TO quell disorders, and
thus get up feeling which will be disastrous I"
peace among the people OF the country.
In the House of Representatives the object
of the act of 1878 was stated by the gentle
man who he'd it in charge, in similar terms.
He said
Thus have we tbs day secured to the people o.
this country the same great protection against 1
standing army which cost Il struggle o! ND years
for the Commons Of England 10 secure for the Brit
ish people.
From this brief review OF the subject it
sufficiently appears that under existing laws
there can be no military interference with
the elections.
No NECESSITY FOR TIE rider.
No case of such interference has IN fact
occurred since the passage of the act last
referred to. No soldier vi the United
ISthLts mas hppcilGu uHNti ~ bhJ
place of election IN any State. No COM
plant even of the presence of United
States troops has been made in any quarter.
1t may therefore be confidently stated that
there is no necessity Tor the enactment OF
section of the bill before me, to prevent
military interference with the elections
The laws already in force are all that IL
REQUIRED for that end. But that part of
section L Of this bill, which Is significant
and vitality important is the clause which,
if adopted, will deprive the civil authorities
Of the United States OF all power 70 keep
the peace at the Congressional elections.
The Congressional elections IN every dis
trict. in ! very important sense, are justly
matter of political interest and concern
:hroue bout the whole country.
AraEE VOTE AND \ FAIR COUNT.
Each State and every political party Is en-
titled to the share ol power which Is con-
Ierred by the legal and constitutional sui
frage. 1t il the right of every citizen
possessing this qualifications prescribed by
law to cast one unntimidated ballot and 20
have his ballot honestly counted.
So long as the exercise Of this power and
the endowment of this right are common and
rqual, practically a. well as formally. sub
mission to the results of the suffrage will be
accorded Loyalty and checriully, and all the
departments OF government will feel the
rue vigor Of the popular will thus ex-
pressed. Two provisions OF the COnslitu-
hon authorize legislation by Congress Tor
he regulation OF the Congressional cleo |
ions.
Section Of article | of the Constitution
declares that the times, places AMI manner
g. A
.entatIyes shall DO prescribed in each State |
~ the legislature thereof. but Congress |
nay at any time BY law make or alter such |
equations. except as TO the places OF |
choosing Senators.
The 18th amendment OF the Constitution |
: a. follows
lection / Tie right Of the citizens OF the United
States To vote shall no, be denied or abridged by
he United States or by any STATE on account vi |
race. color or previous condition OF syTrtude.
Section ,. Congress shall have power 10 enforce |
his article by appropriate legislation
The Supreme Court has held that this
amendment invests ths citizens Of the |
United States with new constitutional
light. which is within the protecting power
If Congress, that right the court declares
o be exemption from discrimination in the
xercise of the elective franchise on account
~ IhCt, Iblui VI ElNh iuu' " sS'
'itude The power of Congress to protect
bis right by appropriate legislation Is ex
,rossly affirmed by the court. National
egislation to provide safeguards Tor Tree
md honest election l. necessary, aS *
,erienc5 has shown, not only to secure the
ght to vote 10 the eniranchsci race Mt the
,Outh. but also to prevent fraudulent voting
n the largo cities OF the North.
Congress has therefore exercised the
,oser conferred by the Constitution, and
as enacted certain laws To prevent dis
on account ol race, color or
reyious condition OF seryltuic. and to
unish fraud, violence and intimidation ut
federal election.
Attention il called to tho following sec
ions OF the Revised Statutes OF the United
tates
Section 2OOl, which guhrantcos to all Citi-
ems the right 10 vote without di-tictiun On
count of race, color or previous condition
{ seryltude.
Sections zoos and 2oO6 which guarantee
: all citizens equal opportunity without
Termination. u perform Eil tho acts re-
urcd by law Is p peTquIsit, % GuallhcA
on Tor voting.
Section 2099. which suihorr''s the y. ).
larshal and his deputies &c Keep .hJ
ehtC anu ITt SGINS Ulutl ~ NiI i''Ati ~ wv
Ong
Section 9O3i. which expressly authorizes
no y s. Marshal and his deputies To sum
ION II p1S., .JpnfdiIN whenever they OF
ny OF them are iOrcIply resisted IN tho ex-
,ution Of their duties under the law or are
rss eniei from executing such duties Nv
.2ieGce.
Section 5j,J. which PROVIDES i"T .hc pun
hmentiO the crime Of interfering win tns
lperyisors oi elections and deputy marsii,lr
tao discharge Of their duties ut the clec-
VHs OF Representatives, IN Congress.
THEsr AgR sOME o. TnE LAWS
D this subject which it j. the duty OF the
IeeutjSs department Of the i'oHc:Amcnt To
flores fbr lntont and Ciiect OF the teAt e!
lis nil Is to r,ohibii all the c'v'l "ihttr+ OF
le United States under penalty oil hne
nd Imprisonment from employing any