Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1879-05-07

ments of the government will feel the true vigor
| the popular will thus expressed
| Two provisions of the constitution authorize
legislation by congress for the regulation of
gressonal elections. Section 4 of article /. of the
| constitution dec ares:
The times, places and manner of holding elections
for SCI ators and representatives shall be prescribed
in each state by the legislature thereof but congress
may at any time, by law, make or alter such regul
| tons except as to places of choosing senator's
! The 10Th amendment of the constitution is fol-
! lows: .s...... s.
! section t. The right of citizens of the United
States to vote shall be denied abridged by the
United Stats by any state on account of race,
| color previous condition of serwtnde. a' si
Section The congress shall have power to en-
force this article by appropriate legislation. .s..
E# THE SUPREME COURT HAS HELD
that this amendment invests citizens of the United
>tates with II new consttutsoEal 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 fran
chse account of race, color previous condition
of servitude The power of congress to protect this
right by appropriate legis alton is expressly affirmed
by the court. National legislation to provide safe
guards fer free and honest elections is necessary
experience has shown, not only 10 the right
vote to the enranchsed at the SOUTH but also
to prevent fraudulent voting in the large cities of the
nor h. Congress has therefore exercised the power
conferred by the constitution and has enacted
tain laws to prevent discrimination account of
color previous condition of servltude and to
punish fraud, violence and intimidation at the fed
eral elections.
Attention Is called to the following sections OF the
revised statutes of the United STAGES, viz: Section
1904, which guarantees all citizens the right to
without distinction on account of race, color pre-
vous condition of serv tude; sections 2000 and = CO
which guarantee to all citizens equal opportunity
without discrimination, to perform all acts required
by law apre-requisite qualification for voting:
section 2022. which authorizes the United States
marshal and his deputies to keep peace and preserve
order at general elections; section 2024 which :
pressly authorizes the United States marshal and his
deputies to summon posse cOmitdtus whenever
n ham rpsis tp6 in no
execution of their duty under the law. and pre-
vented from the execution of their duty by violence;
| section 1922, which provides for punishment for
the crime of interfering with supervisors of cleo
lions aud deputy marshas i'll the discharge of duties
at elections of representatives in congress These
some of the avs this subject, which it is the
duty of the executive department of the government
to enforce. -.. -.
THE INTENT AND EFFECT
of the 9th section of this bill is 10 prohibit all
CIV officers of the United States under penalty
Of fine and Imprisonment from employing any
adequate civil force Tor this purpose at the place
Where their enforcement is most necessary, viz:
at places where congressional elections are he'd.
Among the most valuable enactments to which |
have referred, are those which protect the SUI
peryiSOrs of federal elections in the discharge of
their duties at tie polls. III the pending leglsla
ton should bee ONE law there is no power vest
ed in any officer of the governments to protect
from violence the officers of the United States
gaged in the discharge of their duties Their
rights and duties under the law will remain, hut
4
force its own statutes. The states may employ
both military and civil power to keep peace and
,nforce laws at state elections; 1t is now proposed
to deny to the Unlteu States even the necessary
civil authority to protect national elections. No
sufficient has been given for this dlscrim-
inatien in favor OF the state and against the ma
tion.i authority. If well-iounded objections ex-
ist against the present nat Ona election laws, all
good citizens shou unite to amend them So a.
TO provide fe-guards Of elections which should
be lmpai tial. just and efficient They should, if
possible. be so unpart san and fair in their opera
tlOns that the minority party out of power will
have no just ground to complain. The present
laws have, i'll practice, Cnquestonably coHduced
to
A PREVENTION
of fraud and violence at elections In several of
the states, members OF different political parties
have applied for safeguards which they furnish 1t
Is the right and duty of the national government
to enact and enforce laws which vii secure free
and fair congressional elect ons. The laws now
in force should not be repealed except in connec-
tiou with the enactment of measures which wilt
better accomplish tnat important end.
Believing section OF the bill before me will
weaken If it does not altogether take away the
power of the national government to protect
federal elections by civil authorities am forced
to the CONCLUSION
IT OUGHT NOT TO REcElvE MY APPROVAL.
That section is. however. not presented 10 me as
a separate and independent meaaure but is as
has been stated, attached to the BIZ! making the
usual aonual appropriations for the support OF
the army. 1t makes a vital change in the cleo
ton laws of the cou ntry, which is IN no way con-
nected with the use of the army. 1t pI Ohibits,
under heavy penalties. any person engaged in
the civil service of the United States from having
any force at the place of any election, prepared
to preserve order, to make arrest, to keep peace
or IN any manner enforce the laws. This is alto
getheT foreign to the purpose of an army appro-
! priaton bill The practice of lacking to the
army appropriate on bills measures not pertinent
to such bills did not prevail until more than forty
years aft er the adoption of the constitution. 1t
has become common practice. All parties
when In power have adopted it. Many abuses
| and great waste of public money have in this
way crept into appropriation bills. The public
opinion OF the country is against it. The states
which have recen ly adopted constitutions have
generally provided a remedy for the evil by
enacting that no law shall contain more than Que
subject which shall be plainly expressed in its
| title Ghe constitutions of more than half Of the
states contain substantially this provision. The
public welfare will be promoted in many ways
by return to the early practice of the govern
ment and TO the true principle of legislation
which requires that every measure shall Stand or
fill according 10 its own merits If it were I'M
derstood. that to attach to an appropriation a
bill would imperll and probably prevent its fnal
passage and approval, valuable reform in the
parliamentary practice OF congress would be ac-
compliShed.
Es THE BEST JUSTIFICATION s-.ar 4.
that has been offered for attaching irrelevant
ideas TO an appropriation bill is that it is done for
convenience sake to facilitate the passage OF
measures which are deemed expedient by ali
branches of the government which participate in
Legislation. 1t canuot be claimed that there is
any such reason for attaching this amendment
of the election law to the army appropriation bill.
The history OF the measure contradicts this as
sumption. majority of the house of representa-
tves in the last congress was in favor OF this BILL
1t was known that anajOrty of The senate Was OPP
| posed to it, and that separate measure it
couldn't be adODted. 1t was attached to The army
appropriation bill to compel the senate to assent
1 to it, 1t was plainly announced TO the senate
that the army appropriation bill would not be al
lowed to pass unless the proposed amendments OF
| the election laws were adopted with it. The SEN
ate refused to assent 70 the bill account of this
| irrelevant section. Congress thereupon adjourn
ed without passing the appropriation bill for the
army. and the present extra session of the doth
congress became necessary to furnish means to
carry on the government. The ground upon
which the action of the house OF repres enta,ives
is defended has been distinctly stated by many OF
| its advocates A week before the close of the
| last session of congress the doctrine question
was stated by one of its adj est defenders, viz:
" 1t our duty to repeal these laws, but 1t is not
| worth while 10 attempt to repeal them except
upon the appropriation bill Arepuhlican senate
would not agree to, nor repu lican president
sign the bill for such repeal. Whatever objec-
| ton to legislation upon appropriation bills may
be made in ordinary cases it does not apply where
Tree elections aud the liberty of citizens are con-
| cerncd We have the power to vo5e money
Let us annex conditions to it and insist upon the
| redress of the grievance z.Af 9-&H'Hta 5as
By another DISTINGUISHED member of the house