Year: 1879

and liberties Of the people: Thus have we
this day secured to the people of this country
the same great protection against standing
army which cost a: struggle OF two hundred
years for the commons Of England to secure
for tho British people.


From this brief review Of the subject 1t
sufficiently appears that under existing laws
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 nyquarter. It may, therefore,
he confidently stated there is no necessity OF
the enactment Of section of the bill before
me, to prevent military interference at elec.
tions. The laws already iu>force are all that
are required tor that end. But that part Of
section 8 of THE 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 to keep peace
at Congressional elections. Congressional
elections in every district in very important
sense are justly matter of political interest
and concern throughout the whole country.
Kach, State, every political party. is entitled
to share of power which is conferred by
legal and constitutional suffrage. 1t is the





tions prescribed by law to cast one unin-
tlmidated ballot, and have his ballot honestly
counted. So long a. the exercise of this
power and the enjoyment of this right are
common and equal, practically as well as
formally, submission to suffrage will
be accorded Loyalty and cheerfully, and all
departments Of the government will feel the
true vlgor OF the popular will thus expressed.
Two provisions Of the constitution author
ize legislation by Congress for the regulation
OF Congressional elections. Section of ar
ticle Of the constitution declares the time
and place and manner of holding elections for
Senators and Representatives shall be pre-
scribed in each State by the legislature there.
OF, but Congress may at any time by law
make or alter such regulations except as to
places OF choosing Senators. The fifteenth
amendment Of the constitution is as follows:


Sec. /. 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 ac-
count OF race, color, or previous condition OF
servitude.


Sec. 2. The Congress shall have power to
enforce this article by appropriate legislation.


The supreme court has held that this
amendment invests citizens of the United
States with new constitutional right which
is within the protecting power of Congress.
The right the court declares to be the ex-
cmption from discrimination in the exercise
OF the elective franchise on account of race,
color, or previous condition of seryitude.
The power OF Congress to protect the right BY
appropriate legislation is expressly affirmed
by the court. National legislation TO provide
safeguards for a. free and honest election
is necessary, as experience has shown, not
only to secure the right for all to the enfran-
chised race at the South, but also to pre-
vent fraudulent voting in large cities of
the North. Congress has therefore cxer-
cised the power conferred by the constitu-
ton, and has enacted certain laws to prevent
discrimination on account Of race, color, or
previous condition Of servitude, and to pun
ish fraud, violence and intimidation at federal
elections. Attention is called to the follow
Ing section of the revised statutes Of the
guarantees all citizens the right to vote with
out distinction on account Of race, color, or
previous condition of servitude; sections 2OO5
and 2OO6, which guarantee to. all citizens equal
opportunity, without discrimination, to per-
form all acts required by law as prerequisite
or publication for voting; section 2020, which
authorizes the United States marshal and
his deputies to keep the peace and preserve
order at general elections; section 2O24,
which expressly authorizes the United States
marshal and his deputies to summon a posse
commitatus whenever they or any of them
are forceably resisted in the execution OF their
duties under the law, and are prevented from





555222, which provides for the punishment of
the crime of Interfering with supervisors of
elections and deputy marshals in the dis
charge OF duties at elections of Representa-
tives in Congress.


hese are some Of the laws on this subject
which it is the duty of the executive to en-
force. The intent and effect of the sixth sec.
ton OF this bill is to prohibit all civil officers
of the United States, under penalty of fine
and imprisonment, from employing any ade-
quate civil force for this purpose at places
where their enforcement is most necessary,
namely: the places where Congressional
elections are held. Among the most valuable
enactments to which have referred are those
which protect the supervisors Of federal elec-
tions in the discharge of their duties at the
polls. Ii the pending legislation should be-
come law, there is no power vested in any
officer of the government to protect from VIC.
lence the officers Of the United States engaged
in the discharge Of their duty. Their rights
and duties under the law will remain, but the
enforce it's own statutes. The State may en-
ploy both the military and civil powers to
keep the peace and enforce the laws at State
elections. It is now proposed to deny to the
United States even the necessary civil author
ity to protect national election. No sufii-
ton in favor OF the State and against the
national authority. If well-founded objec-
tions exist against the present national
election laws, all good citizens should unite in
their amendment. Laws providing safeguards
OF election should be impartial, just and eff.
cient.


They should, if possible, be SO non.partisan
and fair in their operation that the minority
party out Of power will have no just grounds
TO complain. The present laws have in prac-
tice unquestionablY conduced to the preyen
ton OF fraud and violence at elections. In
several Of the States members Of different
political parties have applied for safeguards
which they furnish. It is the right and duty
OF the national government to enact and en-
force laws which will secure free and fair con-
gressional elections. The laws now in force
should not be repealed except in connection
with the enactment of measures which will
better accomplish that important end. Be-
ieving that section six of the bill before me
will weaken, if it DOES not altogether take
to protect federal elections, by the civil
authorities, I am forced to the conclusion
that it ought not to receive my approval.


That section is, however, not presented to
me as separate and Independent measure,
but as has been stated, it is attached to the
election laws of the country which is in no
way connected with the use of the army. It
engaged in the civil service of the United
States from having any force at the place Of
any election prepared to keep order, to make
arrests, to keep the peace, or in any manner
to enforce the laws. This is altogether for
eign to the purpose Of an army appropriation
bill. The practice of tacking to army appro-
priation. bills measures not pertinent
to such bills did not prevail un-
til more than forty years after the adoption Of
the constitution. It has become the common
practice, and all parties, when in power, have
adopted 1t. Many abuses and great waste Of
public money have in this way crept into ap-
appropriation bills. The public opinion
Of the country is against it. The States which
have recently adopted constitutions, have
generally proved remedy for the evil by
electing that no law shall contain, more than
one subject, which shall be plainly expressed
in it's title. The constitutions of more than
half the States contain substantially this
provision. The public welfare will be pro-
NOTED in many ways by return to the early
practice of the government and to the true
principle of legislation, which requires that
every measure shall stand or fall according
to ita own merits. II it were understood tha
to attach to an appropriation bill n measnre