Year: 1879

llCu Nj PCuCC-


The senate had already included wha,
they called and what We might accept as
a principle, but they had stricken out the
penalties and had stricken out the word
expressly" so that the army might be
used in all cases where implied authority
might be inferred. The house committee
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 notwithstanding reforms that
we had secured, regarding these reforms
of but little consequence alongside of the
great principle that the army ofthe United
States in time of peace should be under
control of congress and obedient to its
laws.


after long and protracted negotiations
the senate committee has conceded the
principle in all its length and breadth, in.
cluding the penalty which the senate had
stricken out. We bring you back, there
fore a report, with the alteration of a sim
gle word, which lawyers assure me is prop
er 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 a standing army which cost a





England to secure for the British people"


From TINS brIef review OF the subject, it
sufficiently appears that under the existing
laws there can be no military interference
with the 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 appeared under orders at any
place of election in any state. No COM
| N tnf oxyar, Nf fha .Nf V-,,st staxl
States troops has been made in any quar-
ter. 1t may therefore be confidently
stated that there is no necessity for the
enactment of section of the bill before me,
to prevent military interference at elec.
tions. 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 vitality important, is the clause
which, if adopted, will deprive the civil
authorities of the United States of all pow
er to keep peace at congressional elections,
which, in every district are important,
since they are justly matter of political
interest and concern throughout the whole
country. Each state and every political
party is entitled to the share of power
which is conferred by legal and constitu-
fional suffrage. 1t is the right of every
citizen possessing the qualifications pre-
scribed by law, to cast one unintimidated
4 ooAiot ouo W nave his OdllOt hOucctly
counted. So long as 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 the
departments of the government will feel
the true vigor of the popular will thus ex-
pressed in two provisions of the constitu-
tion, authorizing Legislation by congress,
for the regulation by congress of con-
gressional elections.
Section 4 Of article of the constituti on
declares3"thc times, places and manner
of holding elections for senators and
each state by the legislature thereof; but
congress may at any time by law, make or
alter such suggestions, except at such
places of choosing senator's"


The fifteenth amendment of the consti-
tuition is as follows: I" Section l. 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 &C
count of race, color, or previous condition
of servitude; section 2, the congress shall
have power to enforce this article by ap-
propriate Legislation" --- :, :


The supreme court has held that this
amendment invests citizens of the United
States with new constitutional right
which is within the protesting power of
congress. That right the court declares
to be exemption from discrimination in
the exercise of the elective franchise on
account of race, color or previous condi-
ton of servitude. The power of congress
to protect this right by appropriate legis-
lation is expressly affirmed by the court.
National legislation to provide safeguards
for free and honest elections is necessary,
as experience has shown, not only to Sc
cure the right to vote to the enfranchised
race at the south, but also to prevent
fraudulent voting in large cities of the
north. Congress has therefore exercised
the power conferred by the constitu-
tion and has enacted certain laws to pre-
vent discrimination on account of race,
color or previous condition of servitude, and
punish fraud, violence and intimidation
at federal elections.


Attention is called to the following sec
tiOns Of the revised statutes OF the United
States, VIZ:


Section 2O4, which guarantees all citi-
zens the right to vote without distinction
on account of race color or previous con-
dition of servitude.


Sections zoos and 2OO6, which gauran-
tee to all citizens equal opportunity with
out discrimination to perform all acts re-
quired by law as prerequisite for equalIfi-
cation.


NCStiOh SOSS, dutuOTlLeS .Iue
United States marshal and his deputies to
keep posse and preserve order at federal
elections. .r


Section 2024, which expressly author
lied the United States marshal and his
deputies to summon pOsse comitatus
whenever they or any of them are forcibly
resisted In execution of their duties under
the law and prevented from executing their
duties by violence.


Section 5,523. Which provides for the
punishment of the crime of interfering with
supervisors of elections and deputy mar
shals in the discharge of their duties at
elections of representatives in congress
These are some of the laws on the subject
which ever is the duty of the executive
department of the government to enforce
The intent and effect of the 9th section
of this bill is to prohibit all civil officers
of the United States under penalty of fine
| and imprisonment from employing any
adequate civil force for this purpose at
the place where congressional elections
| are held. Among the most valuable en-
those which protect supervisors of federal
elections in the discharge of their duties
at the polls.


If the pending legislation should be-
come law, there is no power vested in
any officer of the government to protect
from violence the officers of the United
States engaged in the discharge
| of their duties. Their rights
and duties under the law will
remain, but the national government will
| be power,ess to enforce its own statutes
The states may employ both military and
civil power to keep peace, and to enforce
laws at state elections. 1t is now proposed
to deny to the United States even the
necessary civil authority to protect nation.
al elections. No sufficient reason has
been given for this discrimination i'm favor
of states and against national authority.
If we'll founded, objections exist against
the present naturalization laws. all good