266 



CONGRESS, UNITED STATES. 



by the House in the bill In reference to the use of the army 

 in time of peace. The Senate had already conceded what 

 they called, and what we might accept, as the principle, but 

 they had stricken out the penalty, 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 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, notwithstanding the reforms which we had se- 

 cured, regarding these reforms as 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 Con- 

 gress and obedient to its laws. After a long and protracted 

 negotiation, the Senate committee have conceded that prin- 

 ciple 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, which 

 the lawyers assure me is proper to be made, restoring to this 

 bill the principle for which we have contended so long and 

 which is BO vital to secure the rights and liberties of the 

 people. 



Thus have we this day secured to the people of this coun- 

 try the same great protection against a standing army which 

 cost a struggle of two hundred years for the Commons of 

 England to secure for the British people. 



From this brief review of the subject, it sufficiently 

 appears that under existing laws there can be no mili- 

 tary interference with the 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 appeared under orders at any place of elec- 

 tion in any State. No complaint even of the presence 

 of United States troops has been made in any quarter. 

 It may therefore be confidently stated that there is no 

 necessity for the enactment of section 6 of the bill be- 

 fore me to prevent military interference with the elec- 

 tions. The laws already in force are all that is re- 

 quired for that end. 



But that part of section 6 of this bill which is sig- 

 nificant and vitally important is the clause which, if 

 adopted, will deprive the civil authorities of the Uni- 

 ted States of all power to keep the peace at the Con- 

 gressional elections. The Congressional elections in 

 every district, in a very important sense, are justly a 

 matter of political interest and concern throughout the 

 whole country. Each State, every political party, is 

 entitled to the share of power which is conferred by 

 the legal and constitutional suffrage. It is the right of 

 every citizen possessing the qualifications 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 com- 

 mon and equal, practically as well as formally, sub- 

 mission to the results of the suffrage will be accorded 

 loyally and cheerfully, and all the departments of 

 Government will feel the true vigor of the popular 

 will thus expressed. 



Two provisions of the Constitution authorize legis- 

 lation by Congress for the regulation of the Con- 

 gressional elections. 



Section 4 of article 1 of the Constitution declares : 



The times, places, and manner of holding elections for 

 Senators and Representatives shall be prescribed in each 

 State by the Legislature thereof; but the Congress may at 

 any time by law make or alter such regulations, except as to 

 the places of choosing Senators. 



The fifteenth amendment of the Constitution is as 

 follows : 



SECTION 1. 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 account 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 the citizens of the United States with a new 

 constitutional right which is within the protecting 

 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 pre- 

 vious condition of servitude. The power of Congress 



to protect this right by appropriate legislation is ex- 

 pressly affirmed by the Court. 



National legislation to provide safeguards for free 

 and honest elections is necessary, as experience has 

 shown, not only to secure the right to vote to the 

 enfranchised race at the South, but also to prevent 

 fraudulent voting in the large cities of the North. 

 Congress haSj therefore, exercised the power conferred 

 by the Constitution ? and has enacted certain laws to 

 prevent discriminations on account of race 2 color, or 

 previous condition of servitude, and to punish fraud, 

 violence, and intimidation at Federal elections. At- 

 tention is called to the following sections of the Ee- 

 vised Statutes of the United States, namely : 



Section 2004, which guarantees to all citizens the 

 right to vote without distinction on account of race, 

 color, or previous condition of servitude ; 



Sections 2005 and 2006, which guarantee to all citi- 

 zens equal opportunity, without discrimination, to 

 perform all the acts required by law as a prerequisite 

 or qualification for voting ; 



Section 2022 ; which authorizes the United States 

 marshal and his deputies to keep the peace and pre- 

 serve order at the Federal elections : 



Section 2024, which expressly authorizes the United 

 States marshal and his deputies to summon a posse 

 cormtatus whenever they or any of them are forcibly 

 resisted in the execution of their duties under the law, 

 or are prevented from executing such duties by vio- 

 lence; 



Section 5522, which provides for the punishment of 

 the crime of interfering with the supervisors of elec- 

 tions and deputy marshals in the discharge of their 

 duties at the elections of Representatives in Congress. 



These are some of the laws on this subject which 

 it is the duty of the executive department of the Gov- 

 ernment to enforce. The intent and effect of the sixth 

 section of this bill are to prohibit all the civil officers of 



purpose 



necessary, namely, at the places where the Congres- 

 sional elections arc held. Among the most valuable 

 enactments to which I have referred are those which 

 protect the supervisors of Federal elections in the dis- 

 charge of their duties at the polls. If the proposed 

 legislation should become the law, there will be no 

 power vested in any officer of the Government to pro- 

 tect from violence the officers of the United States en- 

 gaged in the discharge of their duties. Their rights 

 and duties under the law will remain, but the Na- 

 tional Government will be powerless to enforce its own 

 statutes. The States may employ both military and 

 civil power to keep the peace, and to enforce the lawa 

 at State elections. It is now proposed to deny to the 

 United States even the necessary civil authority to 



Srotect the national elections. No sufficient reason 

 as been given for this discrimination in favor of the 

 State and against the national authority. If well- 

 founded objections exist against the present national 

 election laws, all good citizens should unite in their 

 amendment. The laws providing the safeguards of 

 the elections should be impartial, just, and efficient. 

 They should, if possible^ be so non-partisan and fair 

 in their operation that the minority the party out of 

 power will have no just grounds to complain. The 

 present laws have, in practice, unquestionably con- 

 duced to the prevention of fraud and violence at the 

 elections. In several of the States members of differ- 

 ent political parties have applied for the safeguards 

 which they furnish. It is the right and duty of the 

 National Government to enact and enforce laws which 

 will secure free and fair Congressional 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. Believing 

 that section 6 of the bill before me will weaken, if it 

 does not altogether take away, the power of the Na- 

 tional Government to protect the Federal elections by 

 the civil authorities, I am forced to the conclusion 

 that it ought not to receive my approval. 



