The Superior times. [volume] (Superior, Wis.) 1870-1912, 1879-05-10

Its length and breadth, including the pen
| atty which the senate had stricken out. We
bring you back therefore report with alter.
alton of a single word, which the LAWYERS
assure me is proper to be made, restoring
to this bill the principle for which we
have commended SO long, and which
is so vital to secure the rights and liberties
of the people. Thus have we this day Sc
cured to the people of this country the same
great protection against the standing army
which cost struggle of two hundred years
| ter the commons of England to secure for
the British people,"
From this brief review of the subject it
sufficiently appears that under existing laws
there can be no military interference with
elections. No case of such interference has,
IN fact, occurred since the passing 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 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 of the enactm emit
of section of the bill before me to prevent
military interference at elections. The
laws already in force are all that ara re-
quired for that end.
which is significant and vitality important is
the clause which il adopted will deprive the
civil authorities of the United States of all
power to keep peace at congressional cleo
| tons, and congressional elections in every
district i'll very important sense are
justly matter of political interest
and concern throughout the whole country.
Each state, every political party is entitled
to share of the power which is conferred
by legal and constitutional suffrage. It is
the right of every citizen possessing the
qualification prescribed by law to cast one
unintinidated ballot and have his ballot hon.
estly counted. So long as the exercise
OF this power and the enjoyment of this
right are common and equal practically
aswen as formally submission to suffrage
will be accorded Loyalty and cheerfully and
the departments of the government will feel
the true vigor of the popular will thus ex-
pressed.
Two provisions of the constitution author
ize legislation by congress for the regulation
of congressional elections. Section 4, of
article /, 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 senator"
| The 18th amendment of the constitution
| is as follows:
"Section 1.-The right of citizens of the
| United States to vote shall not be denied or
abridged by the United States or by any
state, on account of race, color, or previous
condition of servitude.
"Sectlon 2.-Congress shall have power
to enforce this article by appropriate legls-
lation."
| The Supreme Court has held that this
amendment invests citizens of the United
States with new constitutional right which
is within the protecting of power 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 court of national legislation to provide
safeguards for free and honest elections is
necessary; as experience has shown, not
only to secure the right to vote to the
enfranchised race at the south, but also to
prevent fraudulent voting in large cities OF
the north. Congress has therefore exercised
/ the power conferred by the constitution,
and has enacted certain laws to prevent
discrimination on account Of race, color or
previous condition servitude, and to
punish fraud, violence and intimidation at
| federal elections.
| Attention is called to the following sec.
tons of the revised statutes of the United
States, viz: Section 1904, which guarantees
all citizens the right to vote without dis
Gus condition of servitude; sections zoos
and zoos, which guarantee to all citizens
| equal opportunity without discrimination
to perform all acts required by law
as prerequisite or qualification for voting;
section 2,022, which authorizes the United
States marshal and his deputies to keep the
peace and presarua order at general cleo
tons; section 1924, which expressly au-
| thorized the United States marshal and his
! deputies to summon a posse cOmitdtus when.
ever they or any of them are forcibly re-
sisted in the execution of their duties under
the law and are prevented from executing
| their duties by violence; section $500,
which provides fer the punishment of the
crime of interfering with supervisors of
elections and deputy marshals in the dis
charge of their duties at elections of repre-
sentatlves In congress.
| These are some of the laws on this sub
ject which it is the duty of the executive
department of the government to enforce.
| The intent and effect of the sixth section of
this bill is to prohibit all civil officers of
the United States, under penalty of fine
and imprisonment, from employing
any adequate civil force for this
purpose at the place where their
| enforcement is most necessary, name
| ly, at the places where congressional
! elections are held. Among the most yalua-
| BILE enactments to which have referred are
| those which protect the supervisors of fed
| eral elections in the discharge of their
duties at the polls. If the pending legisla-
| ton should become law there is no power
vested in an officer of the government to
| protect from violence the officers of the
United States engaged in the discharge of
| their duties. Their rights and duties under
the law will remain but the nation
| al government will be powerless to enforce
| 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
reason has been given for this discrimina-
| ton in favor of state and against
national authority. If we'll founded
| objections exist against the present national
election laws all good citizens should unite
in their amendment. The laws providing
safeguards of elections should be impartial,
just and efficient. They should, if possible,
be SO non-partisan and fair in their opera.
ton that the minority party, out of power,
will have no just grounds to com,
plain. The present laws have in prac-
tice un9uestionably conduced to tne
prevention of fraud and violence at
elections. In several of the states members
of different political parties have applied
for the safeguards which they furnish. 1t
is the right and duty of the national gov
erument to enact and enforce laws which
will secure free and fair congressional cleo
tons. The laws now in force should not
be repealed except in connection with the
| enactment of measures which will better
accomplish that important end.
Believing that section six of the bill
before me will weaken if it does not alto
gether take away the power of the national
government to protect federal elections by
civil authorities, | am forced to the con.
clusion that it ought not to receive nv