Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1879-05-08

1871, THE STATUTE 81 :;''
Sec. 2,O02. No military Or naval officer,
or other person engaged in the civil, military
or naval service of the United States shall or.
der, bring, keep or have under his authority OF
control any troops or armed men at place
where any general or special election is held
in any State, unless it be necessary to repel
armed enemies of the United States, OF
to keep ths peace at the polls. ~! i:5.1
navy, or other person in the civil, military or
naval service OF the United States who orders,
brings, keeps or has under his; authority or
control any troops or armed men at any place
where general or special election ie held in
any State, unless such force be necessary to
repel armed enemies of the United States, or
to keep peace at the polls, shall be fined not
imprisonment at hard labof. not less than
three months nor mere than i've years. ::
The amendment proposed in this statute in
the bill before me Omits from both of the fore
going sections the words: "Or to keep the
peace at the polls" The effect of the adoption
of this amendment may be considered first
upon the right Of the United States govern
elections for: members. Of Congress, and sec
ono, upon the right of the government, by
civil authority, to. protect these elections from
violence and fraud.
In addition to the sections of the statute
above quoted, the following provisions Of law
relating to the use of the military power at
elections are now in force:
FURTHER RESTRICTIONS.
Sec. 203. No officers of the army or navy
of the United States shall prescribe or fix by
proclamation or otherwise the qualification Of
voters in any State or in any manner interfere
with the freedom of any election in any State,
or with the exercise of the free rights of stuff
rage in any State.
Sec. $500. Every officer or other person
in the military or naval service, who by force,
threat, intimidation, orders, advice or other
wise. prevents or attempts to prevent any
qualified voter of any State from freely exer-
or special election in such State shall be fined
not more than S., 900 and imprisoned at hard
labor not more than five years.
Sec. $500. Every officer of the army and
navy who prescribes, orders, fixes, OF attempts
to prescribe or fix, whether by proclamation,
order, or otherwise, the qualifications of
voters at any election in any State shall be
punished as provided in the preceding Sec
ton.
Sec. 1851. Every officer or other person
in the military or naval service who by force,
threat, intimidation, or otherwise compels, or
attempts to compel, any officer holding an
election in any State to receive vote from a
person not legally ;, qualified to
vote, or who imposes, or attempts to impose,
any regulations for conducting any general
or special election in any State different from
those prescribed by law, or who interferes in
any manner with any officer of election in the
prescribed in section 5,aa9. N 90
Sec. $3.50. Every person convicted Of any
of the otfenses specified in the five
preceding sections shall, in addition to the
o1v k.n1 -
disqualified from holding any Office of honor,
profit or trust under the United States, but
nothing in these sections shall be construed
to prevent any officer, soldier, sailor or marine
from exercising the right of suffrage in any
election district to which he may belong, il
otherwise qualified according to the laws
of the State in which he offers to vote.
be sufficient to prevent military interference,
but the last Congress, to remove all appre.
hensiOn of such interference, added to this
body of law section Is of an act entitled "An
act making appropriation for support of the
army for the fiscal year ending June 80, 1879
and for other purposes" approved June L.
1873, which is as follows:
POSSE coM1TATus.
Sec. Is. From and after the passage Of
this act it shall not be lawful to employ any
part of the army of the United States as q
OF executing laws except in such cases and
under such circumstances as such employ
ment OF said force may be expressly. author
lied by the constitution or by act of Congress
and no money appropriated by this act shall
be used to pay any of the expenses incurred
IN the employment OF any troops in violation
Of this section; and any person wilfully viola
ting the provisions Of this section shall b,
guilty OF misdemeanor, and upon convic
ton thereof shall be punished by fine no
exceeding SIC, 600 or imprisonment not ex
ceeding two years, or both such fine and i'm
prisonment. -,
| UNANIMITY OF ITS PASSAGE.
This act passed the Senate, after full con
against its final passage, and by a majority O
| more than two-thirds it was concurred in b,
the House OF Representatives,. The purpos
of the section quoted was stated in the Senat,
| by one OF It's supporters as follows: There
fore, hope, without getting into any contro
] versy about the past, but acting wisely TO
the future, that we shall take away the ide
that the army can be used by a general 0
| special deputy marshal, or any marshal
| merely for election purposes or posse, or
dering them about the polls or ordering then
anywhere else where there is no election 20
ing on, to prevent disorders or suppress dis
turbances that should be suppressed by TIL
| peace officers OF the State, or if they mus
bring others to their aid they should summon
unorganlzed citizens and not summon th
officers and men Of the army as . posse com
itatus to quell disorder, and thus get up
| ceiling which viii be disastrous topeac
mong the people of this country"
In the House of representatives the objec
of the act of 1878 was stated by tho gentlemen
who had it in charge in similar terms. IL
said: "But these are all minor points and in
signiticantcompared with the great principle
which was incorporated by the House in tn
bill in reference to the use of armed men il
peace. The Senate had already included VIVA
they called and what we might accept as
principle, but they had stricken out the pen
atty and had stricken out the word "express
ly," SO that the army might he used in al
cases where implied authority might be inter
fered with. The House committee plante,
themselves firmly upon the doctrine tina
for which for three years this House ha
struggled they would allow this bill to fail
Notwithstanding the reforms that we had &c
cured regarding these reforms of but littl
consequence! alongside the great princi2l
that the army Of the United States III time q
peace should be under control Of Congress
end obedient to its laws. After, long an,
protracted negotiations the committee hav
conceded the principle in al it's length ant
breadth, including the penalty which til,
Senate had stricken out. We bring YOU bacl
therefore, report with the alteration Of.
single word, which lawyers assure me il
proper to be made, restoring to this bill tn,
principle for which we have co .tended 6.
long and which Is so vital to secure the right
and liberties of the people. Thus have wi
this day secured to the people of this countr,
the same great protection against q standini
army which cost . struggle of two hnndret
years for the commons Of England to secure
for the British people. sss3ga 5assa III 3.
From this brief review of the subject Il
sufficiently appears that under existing law
] there can be no military interference, and
none has in fact occurred since the passage
Of the act 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, Il may, therefore
he confidently stated there is no necessity Of
the enactment Of section 6 Of the bill before
me, to prevent military Interference at cleo
lions. The laws already IN force are all that
are required for that end. : But that part .oi
section 6 Of this bill which is significant and
vitality important is the clause which, il
adopted, win deprive the civil authorities Of