Paoli Weekly News, Volume 7, Number 32, Paoli, Orange County, 23 April 1879 — Page 1

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;. Wis. .mft i mmint-thesoft bre whiter; .T--r i e.imiwr!' the k!4 birdtfca nine; .1".', it coTulr.g-X tear hr qnlcJc footstep; Vur U t the beautiful priii. " . .,, from her throne ia ib wood. i. rominff, and I cannot tUy; t m cb!'Jren have crept fponi mj bOBOm; ',.- tM l"tt bat Uryrinjt My. ..;.'7thr.;;Kl briirU 'Mmer i crowned Wltfr Vrji !a fte foret trbntus doth bUl; ! t-MM of U the rejoicing ; rJ,ls Jnue a! y disown me?" le cried. , ia the nf!ow h utectps to the daisies, 'r-;i tlie firt bloom from tho rrle n-fearta rob ma of all her sweet apples; 'j'w'll like one from her ftore of them now." , i,,vti,(m! IhearthegUa echo; " r-JtfiS Tinm o'er the mountain ad plm; ,",5 ",r,rii!S l"fp the beoSifal woodlaadn; " B,,rat, j,r,py fuiumer bfrtas bcr sweet reign. j DYING CONFESSION. m,r jail IWtsov Ecajil thr Gallons. T.Y BALLET II. HEWITT. The following bit of legal sharp prac;,v (not mcntioneJ in Elackstonc) liapout on tlie border. i - I won't pay Tvi.t border, because you v uaJ.orstand that on tho border Emails "out "West," and to be mora si:5iiiit might be injurious to mo. It was the best trick I ever heard of, ml I don't think it was ever played before. I not only think that, but Bill Encore will "get down on his knees ami swear it was any time you throw a EbJow of a doubt on it to him. Bill was tho principal one for whom the trick was played, and he must needs admire it more than any one else. It was about the time preachers came around holding meetings; tho country vas being settled by down-Easters, and law was coming into practice. It was just three days before that they Ltd their first trial by Judge and jury, and used books. Bill and a wandering refugee gotinto an argument over tho trial, and the stranger was worsted. Bui nsed as a conclusive point in Ids argument a navy, and the stranger's lat words were "I'll stand the drinks at the other ha Keating, we supposed, the bar that Gdmel stands behind. I nJi'f tie cew-fangled arrangements there wxs a SheriS and ten others they espied a posse, and this gang immediately took Eili into their care and said tliej would hold him for murder. M,ir.y of us did not think the word was i'roreny used. To be sure we all knew iriisi it-Ecact, but we h.d never used it u onr lingo, and thought it sounded hi when it Lad reference to Bill, who ha merely wiped out his man. Some of us got together at the dive 'talked the matter over regarding Ia"3 &x 3d 1 thought he should be Twer, ed was for mobbing the Skri28 Eaa? Rd getting Bill in that but, as we all knew Smith would Eevtr such an enterprise, howfer lti"t he thought it to be, we topped his plan. tea we had nearly.ibne intimating osr ews of the one-sidedness t:s pha the out stage came in. driver, Pete Marbow, was a lifeW fried of bill's, and, s such, we ' natil vo had thoroughly satk with his treat to make sure of wjw- before breaking the news to i.::u. rhzV a '1 deal, fure," he fv.id, id I ani r. lie i--' 1 ITU. is in iT it r." 1 nv . . 1 i cy meet th c.i i i . ... . ' 1 1 j ri ; 1 , "j fcr L ? s t.ati-d fi ir t1 t . v ; i I 1 , 'I? ' t i 1 . 1

Mi

VOLUME VII.

Tllbct.Le'3aa5-Io-e.M Penny, tMakii! of the w:: car v'eii ness, fehook Lis he lied Eaid : " The SlicrifTcaa swallow him Im plying that his oriir."l was better tluta our lawyer had ecen a States paper a wc f : err i . I cr to before, and thought a lawyer tricky enough to sell bis grandmother. "Well, the morning came and tho trial started. The Sheriff and all his posse swore that Bill Budsore had killed the stranger. ' i . IIi3 Honor remarked : " I guess that is plainly evident. Is there anything more to be said? If not I'll close with the sentence." Our lawyer had been sitting down all the time the trial had been going on without saying a word; but now lie got tip and said : " It you please, your lienor, I am here to defend thi man. Ton are--trying him for -murder, and, before you pass sentence, I should like to call your attention to the fact that, in our courts of justice, it is customary to give a prisoner a chance to defend himself; and also you entirely ignore the jury. It is customary, too, to give prisoners time to get their witnesses, but I, to-day representing the prisoner at the bar, waive that privilege, and aza quite ready to advance the defense of my client." His Honor appeared highly astonished at this, and turned to whisper to one of the jury. "I beg your Honor's pardon," said our lawyer, "but it is a very unusual thing to see a Judge whisper to the jury. It is not only unbecoming to the court, but affords good ground for an impeachm en t. I recognize the distance we are from civilization, but I rely upon these noble men around us to seo fair play and justice done." He was touching our sentiments especially Bed Smith's, who thought the closing remark favorable to his mob idea, and his Honor considered with himself before attempting anything more in the presence of one who understood these fine points of court proceedings much belter than ho did. So," putting on a dignity that looked funny to us who had seen him as a cheap stable hand at the Opposition stage barns, he allowed the defense, thq right to proceed with his arguments. And he did proceed. Our lawyer made the Sheriff and his posse tell their "whole lives, and wound up by asking them if they saw the shot fired that had killed the stranger. Every one of them was compelled to answer, "ITo." Somewhere at about this time of the trial, Pete left the room, much to our surprise and wonder. Our lawyer then opened on his argument. It was delivered in just the style to catch the fancy of the jury. He used nearly our own lingo, and, after making more than one max squirm by talking of mothers, sisters, wives and daughters, he wound up with : - "And now, gentlem.cn cf the jury, I have but a few words more to say. I have alluded to all but one point I can think of in the prisoner's favor. That one is, might there not have been some enemy of the deceased present who may have taken advantage of the prisoner's peculiar situation, and fired the shot that killed tho strexger? Ton know that there were more than, one in the room at' the time, and why not among them eosxe one who desired the r r t. 1 's de Ih id took the oppor-d-a when th . r. was & poshcr m-u h.'.v to r.rLSwxr f ?r the cv: -c ? 1 1 11 cu, 7 : ll: rienci rued 1 3 ei tc 1 1. he Jud 2"e . tuph..ry, j-ri-c: But j fv, tie t y rv - 1', i--'J 1 .

PAOLI, ORANGE

Or- : r t - : f . . i : " filer hearing this re':n ::h : o conitdetex u".T , ... 1 IT. .T&Z l 13 Cut! r. .... ly exhonorates the prisoner, I am will ing to hear the jury's verdict." "Are you ready to return the verdict?" the Judge asked of the jury. "TTe are," they said. "Guilty, or not guilty?" "Not guilty!" "Then the prisoner- is discharged, with the treats. Mr. Sheriff, unbind Sir. Badsore." I happened to pass near our lawyer on going out with the crowd to take the drinks, and I heard him say low, "Fools!" which set me thinking. I stepped around the corner of the shanty to let the crowd get out of sight that I might see this lawyer and ask him what " fools " meant. I had not been there over fifteen seconds when our late confession ist and dead man came out through a loose slab of the shanty and made for the timber at a lively gait. Then I eaw the mouse I had smelt; and, as I went to the saloon where the crowd had gathered, I thought that thai lawyer must think us all children. . Of course the story got out, but it only made Budsore the lion of the piece, and though the Judge was rather sheepish about it for a while, and with the Sheriff had to stand a great many treats, yet they often laugh over the trick, and Penny is forced to admit that watered whisky does not always indicate the drinker's character. Iowa. City, Iowa. HEGICIpE. Tie Attempt Vjton the Cznr's Life. fFrom tbe Chicago Evening Journal. The marksmanship of the European King-haters is something remarkable A would-be assassin at St. Petersburg fires five times at the Czar of Russia and no harm done. , There have been numerous cases of the same sort, only the German Emperor was peppered a little on one occasion. Either "there's a divinity doth hedge a King about," or "Mary Ann" had better take lessons in pistol practice before making any more attempts upon royalty. In this country there was never but ""one shot fired at the chief ruler of the land, and that was fatal. If the Wilkes Booths of the Old "World were like him in execution, as in design, hardly a monarch in all Europe would have been alive to-day. In the olden times sovereigns were in danger of assassination from rivals and those who looked for the succession. There were very few Brutuses. Now-a-days the danger is quite different. Bestiveness under monarchical despotism explains the peril of royalty. The masses are uneasy, and deem it high time the dream of self-government was realized. They see France and the United States getting on well under a republican form of government, and their democratic instincts are quickened into unwonted activity. There is no mistaking the springs of this regicidal mania, albeit the number of those who are prepared to assert the right of self-government by assassination may not be large. As deeply as we may deplore and as emphatically as we may denounce the assassination policy, it is impossible to misread its cause and purpose. There is no country of Europe in which there exists more occasion for discontent than "Russia. The ruling idea of the Government is absolutism. The Czar himself is not a very bad man. Indeed, he has done lanch to win .the applause of good men. But the Muscovite method of administering justice is a Hit grace to civilization. Only a fow days ago were reported the horrors of a prison buvchcry infinitely wore? than rrgi.:ide, and thr.t r. -" r .: :re was pro! chly the immodk.t3 occasion of this attempt at r. in: tie:-!. Evil begcta evil, r:.d one miamy kzi-S XS1 net "to lu 3 CXT.. o metier. d ly v. cruchy T ed. On the ccni: is u;-c:i th , it live 3 i i en the roT3 c; ' " ; c f a 1 r--. t l-y hill J u: i ; c i cf careers ri ,- 1 1 1 ir . r t

CO., INDIANA, WEDNESDAY, APEIL 23, 1879,

r5 m It f V wm.- mem -wf m F 9 n .j. -is t j 1 - 1 I Q Tho Great Struggle for Free Elections. Spceclt or Senator Wallace, of Pennsylvania. Tlie Army bill being tinder consideration in the United States Socato, Jlr. Wallace, ok rennsylyania, spoko aa folIowB: Thia bill contains but a eingla disputed section. To that the Senator from Maine addressed himself ; to that we address ourselves. There ia but a single issue presented by thia bill, to that I shall try to confine myself. All that hear mo and the country know that the convulsive throes cf a great people in a tremendous civil war have caused many departures from those vital principles that lie at the base of all civil liberty. The histsry of our race and the precedents of the past point them out as essential elements' in the preservation of our own freedom, and its most earnest struggles ever have been and ever will be made for tueir safety. The necessities of the hour may cause a free people to bear for a time the subjection of the civil to vhe military power, the suspension c f the writ of habeas corpus or the presence of armed troops at election polls, but these must pass away with the necessity that gave them birth. They can never he crystallized upon th& necks of AngloSaxons. The single issue involved in this bill is, shall the executive arm of the Government longer possess the power to place troops at the election polls? Their presence there or the power to place them there ia equa-'y a menace to the people and a departure from ; .ie right of free elections. That is tne issue, the sole, the only issue that ia in this bill. Wo maka no other; we will be diverted not troni tma. The mer 9 presence of ar polls ia j menace to indiv shadow of the power of art a threat, and no free penr seel troops at tlie lual liberty. Tiaa 3d men is ia itself 3 will bear it It was one of the struggles between Chrles L and his first three Parliaments tbat he should yield to them the right he claimed to quarter troops upon the people. Parliament refused to give him the money and he was accustomed to send troops into tiie country districts ind compel them to be quartered and supported by the people -without authority of law. The Commons placed it in tueir bills; they formulated and crystallized it in the petition of right, and they made the King yieid to their just demands in behalf of the people. This right and privilege is registered ' in the bill of rights of nearly every constitution ia all this land. The power to quarter troops upon the people was wrung from the Kingly power of Great Britain by placing it upon bills under which he was votej supplies to carry on a war for the Palatiuate with tipiia. Before they would yield, him thoso rtpplies they compelled' him to agree to a concession of thia great r ght,and tnerigUtto be free from such intrusion became fixed and certiin. The corre ative right in regard to free election and the absence of troops from the polls is found still further bacfe ia English history. The menace of aimed troops at the polls was rrohibited by a statute in the reign of George L, and it recites the existence of the ri.ht to be free from thia menace as old as tnetinToof Edward I In the thirteenth century, nearly OuO years ago, the race from whom we obtain our iioeity and law, from whose loins we mainly sprung, asserted the doctrine that thia right of tree election belooged to the people and ought not to be jeopardized. It was a right wrung, absolutely wrung, Irom the hand of power in the t me of Edward L It was resurrected in the time of George II , and then enacted into law in 1735. Cet us see what was done. I shall not read the statute. A law was passed in 1735 which forbade the presence of armed troops within two miles of the election polls. Subsequently,! n 1741, the executive power (forgetting the existence of this statute) and "During the corrupt administration of Sir Robert Walpole, at an election held for the city of West-minster, under an order signed by three magistrates of the county, a body of armed Boldiers was marched np and stationed in the churchyard of Saint Paul, Covent Garden, in the vicinity of the poll ; and, on thia being shown to the House of Commons, they passed a resolution affirming that the presence of a regular body of armed soldiers at an election of members to serve in Parliament, ia a high infringement of tho liberties of the subject, a manifest violation of the freedom of elections, and an open defiance of the laws and constitution of this kingdom.' The High BaiiiJi was taken into custody by order of tne House, and the three magistrates who signed the order were brought to the bar and reprimanded by the Speaker, upon their knees, as the House had directed ; and, after this, the House passed a vote cf thanks to the Speaker for his reprimand of the delinquents, and directed the same to be printed." Brightly"1 '8 Leading Cases on Elections, 603, 004. Sir, this right, thus vindicated, ia a part of our system. These privileges are a part of our own free liberties. . They come to us with the system of laws under which we live. They belong to ns as an integral part of our system of free elections, and we would be false to our highest duty if we should fail to protect them and assert their existence. I now quota "from McCrary oa Elections, section 418. lie says : " Tiicre can, however, be no doubt but that the law loots with great disfavor -upon anything like an interference by the military with the freedom of an election. An armed force in the ceighborbood cf the polls ia almost' of necessity a menace to the voters, and an interference with their freedom and independence, and, if such armed force be in the hands of or under ihe control of the partisan fri- n 's of Tuy particulir candidate or st,t of canji-'a-ti-i, ia probability of an improper in:!uence becomes ! p tc ' cr. " 'i Us 1 rep or I'.'oa d " "s net ff sr. 1 aVne on the thot"' t of ttk;: -2 out of thi f- 'tt.cn the author!. 7 for tl e f rtrrr cf fisrv 1 tro.-; - "at t..e prd'a ct: ler ltd Til iiw, let it g'xa beyond t. i a--! 1 - ? 1 ri -'i ff i ."ti r.v.t ;a ii ' t cf 1' e i "at to cr..-A tl. 3 t- ,.t Laely. "l.c c-.r trcl cf free election, tua c (-3 en-

f,ntcf f ;.r t". ir c:u . ... e, d not l-Uoi.g to t! 6 li " t1 t'.uvcrru.' at; it Lt !:'. -j tj th". FtAtts t -f Hti r 1 a'. '; ts& bclo- : -1 ther. 1 1. c 1.: "f t' ! every c le ia th.3 c.i,i.try c."nt .", a ii i I 11 of r;-vi a f, j'Yrt,".1!. 5 cf Ino lfx:.. Hi j !-..i-5 1 rril' " 1 f n frcL.-t3. nh fLtri, 1 - .it... r If : ii r: , -i f-f t,-- c. --t-..:u;. ' . J, 1 " ft ner r 1 u.o r- t f J. I . ) r 1." -r 1 ' i: :i 1 I cis t i"..? ' .' -3 fi -j-i Tr r r -, - 1 t-.J V.i I i"i' 3f' t t f 1 i , , I t t ' t- t ! it ' 8 I I ' i , , I X ' '1 t r t .3 4 . " i- . cCi rt v e . i - ft- .' f , ; i 1 f l't 1 r:y i 1 i t "i ti i . "i ij t n 1 ( 'r iV ilia I .5 l TT - , ' ri (, t ? 1" ' . t ' (- 1 i t j -t I 1 ! 1 i i'1 of fir 1 I., mli 1 - - 1 - - f f " ' i I tI ' , 1 'J ' ' . f " e 1 , . - f I

voter from military service on e7 c' o 1 ' v, t, 1 denied the franchise to every non-co'iic.v. 1 cflicer and private in the United St tea army or seaman or marine in the Unit 1 tv s 1 .u, while Maryland prescribed tat ro oS r should muster or march any troops w. view of the polls on election day. I tike the constitution of t't"rIv la of IST.i sad I read from the bill of r ,h "Elections shall be free and equal; and no power, civil or military, shall at a tU'oi !tfere to prevent the free exercise cf the rights of suffrage. Ttdti lis embodied, too, in tho co-sLtutior of Colorado and liissotui, enacted since, aLnoit ta word and letter. But, sir, the Federal constitution has not a

synaoie on that subject .Neither in its mam nor in the original amendments which secured the liberties of the people is there a word upon the subject cf free elections. The Federal Government has no control over the subject: and they did not attempt to assert any such rigut in reierencs to it. ice control ot eiectijns and the guarantee for them belonged to the States; there it was vested and there it is to remain. Prior to lSt4 the only attempt at its control here was when John Marshall, in the House of Representatives, ia the year 1800, under the elder Adams, repoited a ouviuie giving to tne xeaerai government con trol of elections so far as to prevent armed in terf erence at the polls ; but when the measure came to the Senate it was defeated. It failed because the Federal Government had no con trol Over it. There was no dream, no thought of exercising this riarht by the Federal Govern ment until it was done under the war power in the border States in lS62-'(w-'64. Troops were then placed at the polls for the alleged protection of what was claimed to bs the rights of socalled loyaLrfiien there. The first exercise of this right by the Federal Government was under tne war power. It aid not come from any grant from the people or the States, but solely ana exclusively irom wnat was claimed as a war power, and, like many others of the same chiracter, force was its essential element To escape from this and to restore to their people tbat which they -had never parted from with their own consent, tbe act of 1865 was introduced at the close of the war by Senator Powell, of Kentucky. In its original form it gave security from intrusion, and re-enacted what was the undoubted law of every State. It was not permitted to pass until it was amended by Republican Senators by the insertion of tlie words that are now proposed to be taken out, and the guarantee of free elections claimed from the Federal Government thus became a means for intruding its mailed hand at the polls. Nothing but the abnormal condition of the country in 1865 and since could have produced the excrescence that we now propose to remove. The bill as originallyintroduced Ihave it before me had no words authorizing troops to be present either ta repel the armed enemies of the United States or to keep the peace at the polls. As introduced, tlie bill was a guarantee of ihe rigat that existed in the State-, and a restriction upon the power of the Federal Government, which was then being used wrongfully and oppressively upon the people of the border States. The bill was sent to the Committee on the Judiciary of thia body, a Republican committee. It slumbered there for a number of months, and then came back with a report by Mr. Howard with a negative recommendation. He held that the right to exercise the war power of 1864 to prevent men who were not loyal from voting was a just and proper ex ercise of power, senator Powell, desiring to relieve his people from wrongful oppression, pressed the bill again and again, until in June, 1804, it was put upon its passage, and he agreed to the amendment that troops might be used to repel the armed enemies of - the United States. This was adopted without dissent Then Mr. Pomeroy, of Kansas, a Republican Senator, moved to add the words " or to keep peace at the polls." Upon that amendment the yeas and nays were called. Every "yea" vote was given by a Republican and every Democrat voted " nay. " Reverdy Johnson, J ohn P. Hale, and Senator Hicks, of Maryland, voted with the Democrats. This provision which is now proposed to be 'eliminated, "or keep peace at the polls," was adopted by a vote of sixteen Republicans against fifteen Democrats and o'hers. Then the question came upon the passage of the bill thus amended, and the Senator from . Kentucky, desiring to protect his people, was willii g to take anything to save them from the pressure that was upon them, and accepted the bill in that form; but even then they were ssarcely willing to pass it Nowhere else in all the t istory of this Government had this claim of power appeared. Here, and here alone, is the only instance of the iron-clad arm of the Federal power appearing at the ballot-box. We are done with the abnormal condition that came from tho war. This people ask to be restored to their normal rights, whether it be in the North or in the Soutn. Just here I will tell the Senator from Maine that at the election in 18(H) for Governor of Pennsylvania, in the Third precinct of the Fifth ward of the city of Philadelphia, an armed body of marines were brought to the polls; that they took possession tnereof and closed and kept them closed for an hour, until they saw fit to open them and permit those to vote whom they thought ought to yote. Sir, the mail-clad armor of the Federal Government has shown itself in Broad street, Philadelphia, within three years. The people of our State want no mere of this. I speak for my people. They want free elections, without either the shadow cr the substance of military power, either State or Federal. They want the very essence of the provisions of our own constitution recognized m practice as it is in truth, aa the law of the land. I am here representing, so far as I can, that people in asking at the hands of the Senate of the United States that this menace, this threat, this assumption of right that docs not belong to the Federal Goverrraiect may be eliminated from her statutes and that the States and the people of the States may control this question as they ought and of right are entitled to do. In Mexico, even in poor, downt ' ITe-ico, y brn our tro-7s t .-re at the C. y cf Lsesico i 1 tl.a war of li')-4, bcdue tLre -p-j.3 a provi ion in t clr liws that troc s -.11 n.it I ? r.-iif t i .3 p ii', t1 3 I"c'tl ar v y ns v. 1 ; uiawn t erxin'-i, in orJir ti.at t re t f 1 j :i t be ion i.ace or co'itn !, a'-d I iy it'jT?eiiU'l in U.e ro-Ti rf t..r.i .At, ll.e IV lrrrd trcps obeyed V e Ji-y cf I.iico I .cs.jrJ :- vi- a ; art" cf t e h-.siciap-'.r; '.ecf cvii'i. iy, an 1 1. .xi'. -3 our arn, u c 1 -ers and p l r?, iatDr"3 diva rc-T7 ' " 1 tl'o isoctr'ie wiifch we com- ul t -r r..iT,"t' at .er.i'v'pof -;' Jnc is't..epo.,s 13 n-rL? ir.eai:' it bl 3 r, r . fr e e'-'-'Kins. 'i,e!.-'7' i to t-leo'it few or ."a "to kfthe p. ,'.'o at t ' . poll-," and t' e etattita wi l V en et.- J 83 i- l,.w of Pennoylva-u t ydty. C f t ,e ittO"f f:.r t ' a." ' ar. '. g fr. 1 T'k'l -.1 L 1 1 l.-t y.v I c. -; t !f vii ,t 1 Tl of t 1 Ti-JO t IO t pi's fti'O r :i t" -j t . 1 I-' , " ' cm ij j t t it - 1 1. t 1 , ' - " t -' la . ."'i a it to p'. 'i! !I Ll Cf s 3 ; l a r. I 3 ; v; ; i t

NUMBEI

" . 7 t " (rr ' ! 1 1 1 t' "t c e ti Ja V e poer cf a gi -t 1 " 1 0 j.. r At the c r tu.J n a," or t 1 ha r"--5-ri aliiM 1 r t e r : 1 i f 1 Lo ri sy be da . 1 ltuwi. tr j ni . .icy n.y f id for L..i t ju e L.3 11-3 rf ; iwi'r n t e (' ; nvs cf J' t rtL-tr: 'tt -th li nn.-' v m cv ry 1 ifj I'-tiii -i c 1 f7, t t 1 rV 'r -"i i t f 1 r 5 ', l'aj ..tcf t ,'.raiti'!.t h r.n a-. 1 to I 3 j n '1 1 ' ir.Llprt -itl cvta at i-etaii-r, "ti t. 3lbilcf Vr ' j-fc 1 1 ere I s t i ua t.e jut n 1 1 g of tl tiiii', &n 1 rs c'.ii. rfwit now awavene oft er : jjJci .:.5t r.h'J t. ;t It ltv.-s to this people. We propose to bike away this power. V'e propoi-e to stand by the American system cf free elections. That is our doctrue in this bill. We propose to stand by the American system as it exists m the bills of right of the States and a s it was found all over this country tmtil this exercise of war power ia 18452. lbtJ and l;;34 We propose to separate the ballot from the bayonet We propose to restore to tne civil power its absolute control over ail the machin- fy of Government. A free system of laws cannot tolerate even the possible ne of force at the fountain-head of power. It ia a sianding menace, a perpetual threat Ia the interest of the people, in the light i f the plain est principles of civil liberty, 111 the performance of a plain duty, in the exercise of the legislative power of this people, we propose to re store to the American people their system of iree elections, The Congress of the United States makes appropriations for but two years. The President of the United States cannot enlist a man or pay a dollar without an appropriation by Congress. Congress makes rules for tbe :vernrnent of tne land and naval forces, and tnese short appropriations and this limited authority of the Executive over them are the very bafds of our system. We propose, as I have said, m the cx ecution of a plain purpose, following prece dents and practice and law and organic law to their legitimate results, to restore by this bill to the American people their own system of free elections. Why should we not do this 7 Who denies the right to free elections? Ha? the Senator from Maine denied this right? Will any Senator deny thia right? Will any gentleman attempt to argue that the right to free elections does not belong to thia people as one of their great cardinal rights? If su, why not restore it? The answer is much narrower than the concealed but real argument. Are the people not entitled to free elections? Why is it that Senators do not rise in their places and assert that the people have not a riht to be free from Executive interference? The argument of the Senator from Maine ia that you will not be interfered with, no troops will interfere with you; there are ooly so many troops here and so many there; you are not beiDg interfered with. Rut the Senator forgets that upon the statnf-e-b oks of thia country there stands a law which gives to the Executive the power, the right to do thi 5 thing, and that in partisan bitterness, in the control of elections by one party or the other, a standing menace may b'-come an actual, a terrible factn the future as it has been in the past Are we met with a frank denial of the value of this right or of the right of this people to be freed at the polls from fhe menace of armed force? I venture to say that no Senator will put his argument upon that ground. None so bold as to sert that in the heated partisan contests that occur in the elections of this country the presence of armed troops, controlled by tlie one or the other political party, conduces to free elections. Either the substance or the shadow of md tary power at the polls is destructive, of the essential element contemplated by almost every State constitution in this country in its express guarantee of free elections. Another argument ia used. Let ua see what it is. First, we are denied the power to moid legislation. That is the first argument Tbe two houses of Congress, the legislative power, ia denied the right to mold legislation hi its own way. Second, it ia said to be a revolutionary practice and coercive of the Executive; and third, that onr intent ia (that is ihe drift of the argument made by the Senator from Maine) to break down the Government My colleague 'in the House, the oldest in service there, who trains with the other side, who does not belong to the Democratic party, treated this talk about revolution and coercion very well when he ea;d it was " revolutionary in a Pickwickian sense." There is no revolu tion nor coercion here. There is an attempt to play upon words and upon pajsion in order to get a response from the people in antagonism to the assertion of the people's plain right The form of this legislation ia sustained by precedents without number. The processes that we pursue are the modes of the constitu tion. Vi e neither seek to coerce the Executive nor submit to be coerced by him. We follow the line of precedent and the modes pointed out by the constitution in every particular; there is no departure. The labored argument of the Senator from Maine that this ia the dictate of a Democratic caucus is an entire error. No Democratic caucus ever saw thia bill, no agency but that of the Senate and the House and the committees of the Senate and the House ever saw this bill and passed npon it It ia here as a resu't of the right of the representatives of this people to mold legislation j through the recognized constitutional bodies. : It is said that we are trjing to coerce the Ex- ! eeutive. There is no attempt here at coercion. Where do you find it in this bill? It exists only i in the lively imagination of the gentlemen who i assert it Sir, we will cot coerce, nor will we submit to coercion, notwithstanding the firselyounded periods with which the Senator from Maine concluded his remarks a few minutes ago in the effort to produce coercion. We have our rights under the constitution, and wa propose to follow them to their legitimate conclusions. Ihe Executive has his rights, and our performance of our d ty will not be by one jot or tifle ia the way of hii performanfie of his duty as lrj t'.l .in 1 1 -ht to perform it under his oath acl the cor.m..u-ju. Ia f e c-Tt rc.e of a 1 .hi d "v 1 'post-l rpoa th h ,irlative power, j'.t j is ver--J t:e power to re'"-" anrii . to mike ru.--8 f-.r it goverur-irrt, ard to 'v.:t all lis r " c 1 -ry to ei.rry i;.:o execiil.va tl e toit'i? pr-- b 1 11 it, ti -o bor.i - are ah-'- 1 1 '--i- t i t '! h c vc! -fQ . h Ii w 1 r '. 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;. .-3i , ( f .3 c rt t.ve 1 s c ti r 1 v .itr, tin t I' iu ii mi e are c1.J n n! . c r i I r w . ry 1 t c- riH'. L -t 7;-""' t a 1 . 1 cv . h. s- I 1 ,ivi t.- t tl.t lift - -y t,-0 t1 rJs t. " it tr 1 a v-,o, whitf Ljin? ,d i; ' .t; t y a--i . i-'-i I ! I R't 1: li. -5 f r Ar-"1 v 3 t I " wai.t c f twv-th;r ! ae t 1 ? copt'" 1 1 n - 10 c r b ' J we to p.". t a a e niu-t !' t . 1 i.i ! -i f ' 1 T"Hir-" 1 lit.' 1 1 to d. i.i- m t , i- a ri,; i t..'i 1 lr.1 t C.lU-i- t' 3 I I'.tir. 'tifi .i-sn't vi, t. . : act niiM.T S-.h circus ", iTi ht (f t; 1 1 ou-e S") J rf ti, . 1 ci the to 1 r ,(: . r i"i ts r rur-.-y ia t .0 r. ' t of t. l'i t -i i.l. i s r -, t 1 ' '...H3 1 1 f, further: we i,e'd no' luitlAto t , r t tir ft a 1 i -- iive a . . 1 1 3 vet 1 a and p no o 1. -.at n ar" If -v-e coi.il b rr",v ti tlif then the mib'endtnct of each bran, h at ' t.,o iud'ptndonce of ti e l-'nljitas p'WvrnsK-3-lntf-ly Tin'', and vou have : j I"- .-"rai"-, rfv vote for the President, and tho minority can coerce legislation and the minority' become the majority, and, with an nrtocrapnlona Executive coheringthe power of the jiiiuority with patronage an J place, you have your Government revolutionized by the minority usurping and controlling the power of tho majority, in which, tinder our system, it is reeled by the constitution and the laws. This is tho ine'vitable result There is do power anywhere. It belongs to the legislative branch to act or to docliue to act When it does decline to act, it ia exercising a plftio, clear, constitutional ri.ght, and it must act, as must the Exc-euu've act, m full view of its responsibilities to the people. That ia where -the responsibility centos at last. The power to da this is wi;h us, but we mast act in the view that it is ultimately to bo judged of by the last tribunal in this country, the tribunal of the people, and if we are not standing t v doctnues and measures which the people will approve, if we are not maintaining the rights and tbo liberties and the ancient freedom of tliiw people, they will not sustain us, and thy ought not; but if, on the contrary, we decline to act, ia obedience to our clear constitutional right in defense of the rights and liberties ai.d privileges of a free people, they will sustain us, and this Congress will write upon the history of this people an ioeffaceable record that their representatives in the Forty-sixth Congress were true to the liberties of the American people. Sir, each must be responsible for its conclusions and ita actions "to the people themselves, and each must act in full view of thtt ultimate tribunal The power of tho legislative branch to raise armus and vote supplies ia to be exercised as that lfgialauve branch judges wise. There is no power to control, to direct, or to coerce it If the Executive differs, his negative controls nnlea two thirds overrule it. If not, the bill falls, but his negative does not compel U8 to act. Sir, this mode of coercion never was intend ed to be used upon the legislative branch. mere is nothing iu the constitution or 111 the history of this people that can be construed to mean that the legi-la ive branch Khali act at tho duration of the Executive: it ia not found in our system anywhere, and it caunot be cited to deter us from that which is a plain, clear duty. Another argument has been made use of in regard to theexerci-te of the ngtive of the President, which it seems to me ia without foundation; that is, that he has the right to judge at all times and under all circumstances of the character of the legislation that he shall veto. Where this power" is used upon-a bill that he Judges to be unconstitutional, of is hasty, unwise, or improper legislation, then it ia very clear that he has thia iiuht, aid he ought to have it But when in tbe history of thi Government was he ever called upon to or d4 any i n-f 1 it-nt ever veto a repealing statute? v, hen. where, under what circumtaiicc-s, in what condition of affairs, did the Preeidentot the United States ever veto a bill that repealed a law which cUthed him wish power and took it trom the people? When an 1 where did any President of the united states ever veto a bsil to repeal a law that gave him control to send troops to tho places of election with the power to coerce the people and take from tbera their rights? When and where has the i'resiaent ever vetoea a Did giving the people of this country anv of their liberties, or repealing' a statute which took from them their rights ? There are none such, and the people wui never sustain sncn action. Tho Executive negative practically refers the question to the people, and to them we and ho must appeal, lhis power never waa latcuuoa to be used to keep a yoke on the people or to destroy a repealing stafn'e. Orciioadly tho people sustain vetoes. Why? Because of tho refusal by the Executive to accept power wrung from the people; but scppoie you reverse this and by your repealing statute give to tho Executive more power, which power is wrung from the States and the people, then there cornea an entirely different question; and I tell Senators that we can face the ultimate tribunal of the people in denying supplier to the Executive power on a bill which gives back to them a great cardinal right In'fiueli a case we will have the id question of Kingly prerogative against popular right; and npon that issue we can go to the people with perfect confidence and safety. But is it not a strange argument that tlie legislative power which controls the purse, and, through that, the sword, has no right to say who troops are to be used; that the legislative power is not to have any control over ti-i budject? It seems to roe this ie a very singular arsrument The purse was given to the legis lative power to control tbe 'sword, nnd they ro together, and the rights and the kberueaof thi people are to be taken care of by their immediate representatives arid the representatives of the States ia this Chamber as the lcgto'aUve power cf the country, ana" when an atcempt ia made to coerce them from an effort to rcntore to the people their plain, clear right, a iiew issue ia made up, and" oae that we can very well place ourselves upon. S.r, the veto powi r n'er vii i-:tendel ?r.d Di'vcrlnlc a udto d-jrtve tie p.-'"-'3cf free thct.xtis or to etrue iljun :"? . r r f t:.e caracal rights cf a fi""t i ' V.'l nin hi, 1 for nu'-!i a purvi.-o vie Diay v . hi ". .1 ti rxt await t;.e veri i t f a U-'.-st i " i onfrfcd pcf lo. If it ho to fwh a ien t u c- - h a i-f -' t ,e At'Ti-u j ' ; !i a-o j'i - 1, t..3 h" - y . lvo r:i;'jMi"y i.i (i .rt' .1 a. I in m r -tj'in te s -r of our 1 h'tory a i,r-w a- If ot TTi"'ofcf the t 1 1: ri . a'. i r.f A- r'u. .i f r-i rr --1 to Ui d an 1 m-.n tun t. r oh n p' i c ; f r cs ' " r . i .7, we t r h -v r f ! t ) i j h. . r r r r : r'1 ir-rm'ive d ity, : 1 we flu ilJ lf f lisiil - 1 t f . ' fj t 1 i i i a i'rf iiic . i . s ri i t'iff t. a 1 K-fj.,ctt'epWj i), f: - hiidi1 aln r f t Ivd LI ci tv ; tne tiaoval c f 1 itt t' it I c,e t t' T"". f" it" c i, 1 c.j' .'. -l.n whi h f.nir j r fii ' r I !ti""'i!'-'i:t . i .itjt. l cf !' I :.t- 1 t tj-it t! l(r,. i" -y v 1 ti-irt of. i- oi'i x tr', i j i-i i' w 1 ' d lave i.o f : r. "v'f" . 1 i t i t-" a j t 3 j 1 s if v a lil i 'V '"" : J . : i f V i ; ,v. ; 1 i i t r t c r c , A . I . rl'f r- left ' r ). n , !r c ( . - w 1 . i1, h i: t - r us 'i f. - t ;)-"-. c . w r r 1 1 r i i (,i t . , ; . t i i i lL oi !? ii'-. T;. 11 J 3 p i ,' I '! ri-r i.i'