Year: 1879


cumstances as such employment of said
force may be expressly authorized by
the Constitution, OF 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 willfully violating the pro-
visions of this section shall be deemed
guilty of misdemeanOr, and upon con-
victiOn thereof shall be punished by a
fine not exceeding $4,000, or imprison-
ment not exceeding two years, or both
fine and imprisonment"


This act passed the Senate, after full
consideration, without single vote re-
corded against it on its final passage,
and by a majority of more than two
thirds it was concurred in by the House
of Representatives. The purpose of the
section quoted was stated in the Senate
by one Of its supporters, as follows:


Therefore, | hope, without getting
into any controversy about the past, but
acting wisely for the future, that We
shall take away the idea that the army
can be used by a general or special Dep
uty Marshal, or any Marshal merely for
election purposes OF a posse, ordering
them about the polls or ordering them
anywhere else where there is no election
going on to prevent disorders, or sup
press disturbances that should be sup
pressed by peace officers of the State; or
if they must bring others to their aid,
they should summon unOrganized eiti-
Zens, and not summon officers and men
of the army as a posse eomitatus to quell
disorders, and thus get up feeling
which will be disastrous to the peace
among the people of the country"


In the House of Representatives the
object of the act of 1878 was stated by
the gentleman who had it in charge in
similar terms. He said:


but these are all minor points, and
insignificant points compared with the
great principle which was incorporated
by the House in the bill in reference to
the use of armed men in peace. The Sem
ate had already included what they call
ed and what we might accept as a prin-
ciple, but they had stricken out the pen
atty, and had stricken out the word 'ex-
presSly,' so that the army might be used
in all cases where implied authority
might be inferred. The House Com
mittee planted themselves firmly upon
the doctrine that, rather than yield this
fundamental principle for which for
three years this House had struggled,
they would allow the bill to fail, not
withstanding the reforms that we had
secured, regarding these reforms of but
little consequence alongside the great
principle that the army of the United
States in time of peace should be under
the control of Congress and Obedient to
its laws. After a long and protracted
negotiation, the Senate Committee have
conceded that principle in all its length
and breadth, including the penalty
which the Senate had stricken out. We
bring you back, therefore, a report, with
the alteration of a single word, and
which lawyers assure me is proper to be
made, restoring to this bill the principle
for which we have contended so long,
and which is so vital to secure the rights
and liberties of the people. Thus have
we this day secured to the people of this
country the same great protection against
the standing army which has cost a
struggle of 200 years for the Commons
of England to secure for the British
people"


From this brief review of the subject
it 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 officer of the United States has ap-
peared under orders at any place of cleo
ton in any State. No complaint 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 for the en-
actment of section of the bill before
me to prevent military interference at
elections. The laws already in force are
all that is required for that end. But
part of section of this bill, which is
significant and vitally important, is the
clause which, if adopted, will deprive
the civil authorities of the United States
of all power to keep the peace at Con-
gressional elections. Congression cleo
tions in every district, in very import
ant 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 conserred by legal and constitutional
suffrage. 1t is the right of every citizen
possessing the qualification prescribed
by law to cast one unintimidated ballot,
and to have his ballot honestly counted.
So long as the exercise of this power and
the enjoyment of this right are common
and equal, practically as well as formal
ly, submission to suffrage will be accord
ed Loyalty and cheerfully, and all de-
partments of the government will feel
the true vigor of the popular will thus
expressed. Two provisions of the Con-
stitution authorize legislation by Con-
gress for the regulation of Congressional
elections. Section 4, article, of the Con-
stitutiOn declares, "The times, places,
and manner of holding elections for Sem
atOrs and Representatives shall be pre-
scribed in each State by the Legislature
thereof; but Congress may at any time,
by law, make or alter such regulations
except as to places of choosing Senators"
The 18th amendment of the Constitution
is as follows:


"SEC. 1. The right of citizens in the
Uuited 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.


"SEC. 1. Congress shall have power to
enforce this article by appropriate legis-
lation."


The Supreme Court has held that this
amendment invests citizens of the Uni
ted States with new constitutional