The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1879-05-06


breadth, including the penalty which
= the senate had stricken ont We bring
you back. therefore, q report without
the alteration of n single word, which
lawyers assure me proper to be made,
J restoring 10 this bill the principle for
which we have contended 30 long, and
which is so vital 10 serve the rights
and liberties OF the people Thus have
We this day secured the people Of this
country the same great protection
against a standing army which cost q
struggle OF 200 years for the commons
OF England 10 secure for the British
people"
From this brief review OF the subject
1t sufficiently appears that under exist
ing laws there can be no military inter
ference with elections. No case OF such
interference has in fact occurred. Since
the passage Of the act last referred to
no soldier Of the United States has APP
peared 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.
IL may therefore be conclusiyely stated
that there 10 no necessity for the enact
ment Of section OF the bill before me
TO prevent military interference with
elections. The laws already in force
are all that is required for that end
But that part of section Of this bill
which is significant and really import
ant is the clause which, il adopted,
will deprive the civil authorities of the
use Of all power to keep the peace at
congressional elections. The congres.
sional elections in every district ia a
very important eense are justly mat
ter OF political interest aud concern
throughout the whole country. Each
State and every political party is en-.
/ titled TO share the power which "a con.
/ ferred by the legal and constitutional
suffrage OF eyerv citizen possessing the
/ qualifications prescribed by law to cast
one unintimidated ballot and 20 have
his ballot honestly counted, so long as
\ the exercise OF this power and the en-
/ ioyment OF this right are common and
/ equal, practically as we'll Rs nominally.
I Submission 10 the results OF suffrage
will be accorded Loyalty and oheerfully
and AL the departments Of government
will feel the vigor Of the popular will
thus expressed. Two provisions OF the
/ constitution authorizes legislation by
al electioa. Section OF article ! OF
the constitution declares that the
I times, places and manner OF holding
elections for senators and representa-
\ tives shall be prescribed in each State
/ by the legislature thereof, but the con-
gress may at any time by law make or
alter snch regulations, except as to
places of chosing senator's. The
fifteenth amendment Of the constitu-
, ton is as follows:
Sec /. The right Of cIll1en. VI the United
States 20 vote shall not be denied or abridged
by the United States or by any state on ac-
count Of race. color on previous c0rdluon OF
stryltude.
Sec. 2 Congress shall have power 70 en-
force this article by appropriate legislation.
The supreme cOurt has held that this
amendment invests the citizens OF the
I United States with q new constitution
al right which IS within the protect
ing power OF congress. That right the
court holds 10 be exemption from dis
examination ia the exercise of the elec-
tive franchise on account OF race, col
or or previous condition OF seryitude.
The power Of congress 10 protect this
right by appropriate legislation Is eX-
pressly confirmed by the court. Ma
tional Legislation 10 provide safeguards
for free aud honest elections is neces-
sary. as experience has shown, not only
10 secure the right TO vote 10 the en-
iranchised race at the south, but also
to prevent frauds prevalent in large
cities at the north. Congress has there
fore exercised the power conferred by
the constitution and has enacted GER
tain laws 10 prevent discrimination on
account Of race. color or previous con-
dition OF seryitude, and 10 punish
fraud, violence and intimidation at fed
eral elections. Attention ~ called TO
the following sections Of the revised
statutes OF the United States. viz: Beo-
tion 20O4 which guarsttees 10 all citizens
the right TO vote without distinction
on account Cf race, color or previous
condition Of seryitude; sections 2OO5
and 2O06, which guarantee TO all citi-
gems equal opportunity, without dis
elimination, 10 perform all acts reqnir-
ed by law as prerequisite or Qnalih'
cation for voting: section 2022, which
authorizes the United States marshal
aud his Deputies to keep the peace aud
preserve order at federal elections; sec
tion 2024, which expressly authorizes
the United States marshal and his dep
uties to summon posse comitatus
whenever they or any Of them are forcl-
bly resisted IN the exercise OF their
duties under the law, or are prevented
from eIecuting such duties by yio-
lence; section $500, which provides for
the punishment Of the crime OF inter
fering with supervisors Of elections
and deputy marshals in the discharge
Of their duties az elections of repre-
sentatiyes in congress. These are some
Of the laws on this subject, which 10 is
the duty OF the executive department
oi the government 10 enforce.
Tue intent and effect Of the 9th sec.
ton Of this bill Is 10 prohibit all the
civil officers Of the United States. un.
der penalty Of fine aud imprisonment,
from employing any adequate civil
force for this purpose at the place
where their enforcement il most neces-
sary. namely, at the places where the
congressional elections are held.
Among the most valuable enactments
10 which / have referred are those
which protect the supervisors OF feder-
al elections ia the discharge OF their
duties at the polls. IL the proposed
legislation should become n law, there
will he no power vested ia any officer
OF the government 10 protect from yio-
lence the officers Of the United States
engaged in the discharge Of their
duties. Their rights aud antics under
tho law will remain, but the national
government will be powerless 10 en-
force its own statutes. The States may
employ both military or any civil pow
or 10 Keep the peace and 10 enforce the
laws at State elections, bat IL IL now
proposed 10 deny 20 the United States
even the necessary civil authority TO
protect national elections. No suffi-
cient reason has been given for this
! discrimination in favor Of the State
and against national authority. II
I well-fOuDdei objections exist against
the present national election laws, all
good citizens should unite In their
amendment. The laws providing the
/ safeguards OF elections should be i'm
/ partial, iust and effective. They should
l II possible, be go non.paftisan and fair
in their operation that the minority or
party out Of power will have no just
ground OF complaint The present laws
have In practice unqueslionably con
I duced 10 prevent fraud and violence at
I the elections IN the several Btates. .-
Z Manbafs 81 diifcrent Dolitinal uartiea