Terre Haute Weekly Gazette, Terre Haute, Vigo County, 1 May 1879 — Page 1

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YOLii/iNO.24.

THE VETO

1 iv $ a 4

ffleisace,

Vetoing the Army^Appropriation Bill.

He Gives as Reason Therefor.

That There Has Been no Military Interference at Elections

And That the Laws in Force are Sufficient.

That no Sufficient Reasons Have Been Urged for the Present Bill.

&c. «£c. Ac. &c. &c. &c. &c.

Washington, April 29—Following is the message ol the President of the United States, returning to the House of Repretentative# the bill entitled "an act making an appropriation lor the support of the army for the fiscal year ending June 30, 1880 and for other purposes. To the House of Representatives: 1 have maturely considered the important questions presented by the bill entitled "an act making an appropriation for the support ot the army for the fiscal year ending June 30, 1S80, and for other purposes," and now return it to the House of Representatives, in which it originated, with my objections to its approval.

The bill provides in the usual form for the appropriations required tor the support of the army during the next fiscal year. If it contained no other provision it. would receive my prompt approval. It includes however, further legislation which, attached as it is to the appropriations which are requisite for the efficient performance of some of the most necessary duties ot the government, involves questions of the gravest character. The sixth Eection of the bill is amendatory of a statute now in force in regard to the authority of persons in the civil, military and naval service of the U.S. at the place where any general or special election is held in any state. This statute was adopted February 25,'65. After a protected debate in the Senate and almost without opposition in the Hcuse of Representatives by the concurrent votes of both of the leading political parties of the country and became a law by the approval of President Lincoln, it was re-enacted in '74 in the revised statutescfthe United States, sections 2,002 and 5,528 which are as follows:

Section 2,002: No military or naval officer or other person engaged in the civil, military or naval service of the U. S. shall order, bring, keep or have under his authority or control any troops or armed men at the place where any general or special election is held in any 6tate, unless ft be necessary to repel armed enemies of the United States or to keep peace at the polls.

Section 5,528. Every officer of the army or navy or other person in the cml, military or naval service of the United States who orders, brings, keeps or has under his authority or control any troops or armed men at any place where a general or special elections is held in any state unless such force be necessary to repel armed enemies of the United States or to keep the peace at the polls, shall be fined not more than $5,000 and suffer imprisonment at hard labor not less than three months nor more than five ears.

The amendment proposed to this statute in the bill before me omits from both of the foregoing sections, the words, "or to keep the peace at the poll.'' The effect of the adoption of this amendment tnay be considered first, upon the right of the United States government to use military force, to keep the peace at elections tor members of Congress, and, second upon the right of the government by civil authority to protect these elections from violence and fraud. In additions to the sections of the statute above quoted the following provisions of the law relating to the use of the military power at elections are now in force: Section 2,003. officer of the army or navy of the United States shall prescribe or fix, or attempt to prescribe or fix by proclamation, order or Otherwise, the qualifications of voters in any state, or in any manner interfere with the freedom of any election in any state or with the exercise of the free rights of suffrage in any state.

Section 5.529. Every officer or other person in the military or naval service, who, by force, threat, intimidation or otherwise prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right" of suffrage at any general or special election in such State, shall be fined not more than $5,000, and imprisoned at hard labor not more than five years.

Section 5,530. Every officer of the navy or army, who prescribe* or fixes, or attempts to prescribe or fix, by proclamation. order, or otherwise, the qualifications of voters at any election in any State, shall be punished as provided in the preceding section.

Section 5531. Every officer or other person in the military or naval service whe. by force, threats, intimidation or otherwise attempts to compel any officer' holding an election in any otate to receive a vote from a person not legallv qualified to vol$, or who imposes or attempts to impose any regulations for conducting an -, general or speeu«l election in the state differed', iiytn *.hc.» caress rued by the law, I

cr who interferes in any manner with any officer of election in the discharge Jof his duty shall be punished as prescribed ia section 5,229.

Section 5,512. Every person convict .«4of any of offences specified in five pr&eedlng sections 9hall in addition to punishment therein severally prescribed be disqualified from holding any office of honor, trust or profit under the United

States but nothing in these sections shall be construed to prevent any officer, soldier, sailor or marine from exercising right of suffrage in any elec tion district to which he may belong if otherwise qualified according to laws of state in which he offers to vote The fore going enactments would seem to be sufficient to prevent military interference with elections, but last Congress, to remove all apprehensions of such interference, added to this body of law section fifteen of an act entitled "an act making an appropri ation for the support of the army lor the fiscal year ending June 30, '79 and for other purposes," approved June iS, '7S which is as follows:

Section 15. From and after the passage of this act it shall not be lawful to emplay any part of the army of the United States as a posse comi tatus or otherwise for the purpose of executing the laws except in such cases and under such circumstances as such employment of said jfot'ce may be express by authorized by the constitution or by an act of Congress, and no money appropriated by this act shall be used to pay any of the expenses incured in the employment of any troops in violation of this section, ar.d any parson wilfully violating the provlsuns of this section shall be deemed guilty of a misdeamer and upon conviction thereof shall be' punished by a fine not exceeding $10,000 or imprisonment not exceeding two years, or both such fine and imprisonment.

This act passed the Senate after full consideration without a single vote recorded 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 follow: "Therefore, I 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 the general or special deputy marshal, or any marshal, merely for election purposes, or a posse ordering them about the polls, or ordering them anywhere else where there is no election going on, to prevent disorder, or suppress disturbances, that should be suppressed by peace officers of the state, or, if they must bring others to their aid they should summon unorganized citizens and not summon officers and men of the army as a posse comitatus to quell the disorders and thus get up a feeling which will be disastrous to 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 on similar terms. He said: "But these are all minor 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 Senate had already included what they called and what we might accept as a principle, but they had stricken out the penalty ai.d 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 doctrihe that rather than yield the fundamental principle for which for three years this House had struggled, they would allow the bill to fail, notwithstanding 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 ynu back, therefore, a' Report with the alteration of a single word, which lawyers assure me is proper to be made, restoring to this bill the principle for which we have been contending 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 cost a struggle of 200 years for the Commons of England to secure for the British people.1'

From this brief review of the subject, it sufficiently appears that under the existing laws there can be no military interferences with the elections. No case of such interference has, in fact, occured since the passage of the act last referred to. No officer of the United States has appeared under the orders at any place of election in any State. No complaint even of the presence of United States troops has been made iu any quarter. It may therefore be confidently stated that there is no necessity for the enactment of section 6 of the bill before me to prevent military interference at elections. The laws already in force are all that i» required tor that end. But that part of section 9 of this bill which it 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 Congressional elections. Congressional elections in every district, in very important sense, are justly a matter of political interest and concern throughout the whole country. Each state, every political party, is entitled to a share of the power which is conferred by legal and constitutional suffrage. It is the right of every citizen, possessing th«i qualifications prescribed by the law, cast one unintimidated ballot, and hnve his ballot honestly counted. So ng as the exercise of thi's power and enjoyment of this ri *ht are common and equal practically as

%v "-wit fc S jf

U-

TERRE HAUTE, IND:.^—THURSDAY, MAY 1, 1879.

well as formally, submission to suffrage will be accorded loyally and cheerfully and the departments of* the government will feel the true vigor of the popular will thus expressed.

Two provisions of the constitution authorize legislation by Congress for the regulation of Congressional elections. Section 4 of article 1 oft he constitution declares: The times and places and manner of holding elections for Senators and Representatives shall be prescribed in each 6tale by legislature thereof, but Congress may at any time by law make or alter such regulations except as to tUe places of choosing Senators.

The fifteenth amendment of the constitution is as follows: Section one. The Tight ot the 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.

Section 2. The Congress shall have poA*er 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 previous condition of servitude. The power of Congress to protect this right by appropriate legislation is especially 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 large cities of the North. Congress has therefore secured the power conferred by the coustitution and has enacted certain laws to preveat discrimination on account race, color or previous condition of servitude and to punish fraud, violence and intimidation at federal elections. Attention is called to the following sections of the revised statutes of the United States, viz: section 2004, which guarantees all citizens the right to vote without distinction on account of race, color or previous servitude, Sections 2005 and 2006 which guarantee to all citizens equal opportunity without discrimination to perform all the acts required by the law as a prerequisite or qualification for voting, section 2022, which authorizes the United States Marshal and his deputies to keep the peace and preserve order at federal election, section 2024 which expressly authorizes a U. S. marshal and his deputies to summon a posse comitatus whenever they or any of them are faverbly resisted in the execution of their duties under the law, and are prevented from execution of their duties by the violation of section 5,522, which provides for the punishment of the crime of interfering with supervisors of election 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 i^ the duty of the executive department of the Government to enforce. The intent and effect of the sixth section of this bill is to prohibit all civil officers ot the United States under the penalty of fine and imprisonment from employing any adequate civil force for this purpose at the place where their enforcement is most necessary namely, at the places where congressional elections are held. Among the most valuable enactments to which I have referred are those which protect the supervisors of federal elections in the discharge of their duties at the polls. If the pending legislation should become law there is no power vested in any' officer of the government to protect from violence the officials of the United States engaged in the discharge of their duties. Their rights and duties under the law will remain but the national government willbe powerless to enforce its own statutes. The 6tates may W employ both the military and civil power to keep the peace and to enforce laws at state election*-. It is now proposed to deny to the United States even the necessary civil authority to protect national elections. No sufficient reason has 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. Laws providing for safeguards of elections should be impartial, just, and efficient. 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 practice unquestionably conduced to the prevention of fraud and violence at the elections. In several of the states members of different political parties have applied tor the sufeguards 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. Rehexing that section 6 of the bill before me will weaken if it does not altogether take -away power of the national government to protect the federal elections by civil authorities, I am forced to the conclusion that it ought not to receiye my approval.

Believing that this bill is a dangerous violation of the spirit and meaning of the constitution, I am compelled to return to the House in which it iginated withont my approval.

The qualified negative with which the constitution invests the PresiJent is Ja trust that involves a duty which I cannot decline to perform. With a firm and conscientious purpose to do what can to preserve unimpaired

4 1

the constitutional powers and equal independence not merely of the executive, but of every branch of the government which will be imperilled by the adoption of the principle of this bill. I desire earnestly to urge upon tlie House of Representatives a return to the wise and whclesome usage of earlier days of the republic, which excluded from appropriation bills all irrelevalant legislation.

By this course yeu will inaugurate an important reform in the method of Congressional legislation, your action will be in harmony with the fundamental principles of the constitution, and patriotic sentiment of nationality which is their firm support and you will restore to the country that feeling of confidence and security and repose which is all 60 essential to the prosperity of all our fellow citizens. [Signed.] RUTHERFORD B. HAYES,

THE COLORED EMIGRANTS."

JAY GOL'LD SAID TO HAVE OFFERED THEM FREE TRANSPORTATION. St. Louis, April 29.—The colored peoples' board of immigration of this city, of which Rev. Motes Dickson is President, have received information that several thousand negrees are now at different places along the banks of the Mississippi river, below Memphis, either ready to start North as soon as transportation can be procurred, or are preparing to leave their homes for St. Louis and beyond One party of nearly one hundred is now at Lake Port Landing, Chicot county, Arkansas, almost destitute. It is said that steamers refuse to take them on board and that the whites in the vicinity refuse to sell them provisions. The committee here will endeavor to make arrangements for their removal. About two hundred refugees have been sent West since Saturday last. It is understood that Jay Gould has offered free transportation for them west of Kansas City, and they will probably go right on to Lawrence, Kansas.

Chicago, April 29.—Hon. George Armour, who recently visited the portion of Kansas whither the colored emigrants are moving, has set on loot asuoscription to aid them in gaining a foothold there, and up to to-night about $2,000 had been raised. It will be forwarded at once to Kansas City for distribution among the more needy ones.

SETTLED.

_-r

A9 4V.

7 i?i!

WHICH THE SAME IS IN RELATION TO A BAILROAD COMPANY. Cleveland, April 29.—fudge Tibbois of the court of common pl^as of Summit county, Ofcio, made the following important order in the case of the Trustees vs the Atlantic & Great Western railway company and others, whereby the entire litigation between General J. H. Devereaux, the Receiver, and the United States rolling stock company, is taken from the courts. The contract of settlement is as follows, and is 6atisfactory to all parties: The Receiver shall pay the rolling stock company on or before the 15th of May, 1879,

one

hundred

thousand dollars on account of claims. The Receiver further agrees to pay, from and after January 18th, 1S80, not less than seven thousand five hundred dollars per month on certificates which have been issued to the rolling stock company. The rolling stock company on its part agrees to receive the above pum in full settlement of claims. The Receiver is authorized to borrow one hundred thousand dollars at 8 per cent. The whole amount claimed by the rolling stock company was three hundred thousand dollars.

THE ALSTON MURDER TRIAL

ft it.*

FORMIDABLE ARRAY OF LAWYERS. Atlanta, Ga., April .29.—The case of Cox, who killed Colonel Alston on the nth of March, was called in court today. Counsel for Cox made strenuous endeavors to continue the case to next term, on account of the absence of Senator Gordon, and the prevalence of public excitement. The court refused the mo-tion-on both grounds. Senator Gordon will arrive here to-night. The court room was crowded. Cox is defended by an ar.ay of thirteen counsel the state is represented by eight. Judge Hillier ordered the trial to proceed. The array of jurors was challenged by the defense on the ground that they were not drawn in conformity with the new law the challenge was overruled. The day was consumed in getting six jurors out of 144 offered.

-WRECKED.

A VANDALIA GRAVEL TRAIN—SEVERAL PERSONS INJURED. Special to the Indianapolis Sentinel:

Greencastle, Ind., April

29.—Gravel

train No. 57 on the Vandalia—Tom Vineyard conductor—ran over a cow near Fillmore station, six miles east of here, this afternoon, ditching the engine, tender and 12 cars, and making of them a complete wreck. The total loss is estimated at $20,000. Several of the train hands were badly injured. Daniel Warner, the engineer, had his shoulder deslocated: Fred Maul, fireman, suffered an iujury to the spine, and John Lughrue, braaeman, was injured in the head and thigh. Regular trains on the road were delayed by the accident five or six hours.

ARRESTED ON A CHRGE FORGERY. Boston, April 29.—Geo. J. Curtis, a well known insurance man of this city, has been arrested upon a charge of having forged draftt upon Curtis & Co., of Chicago, and held in $2,000 forexamina tion on Ma/ 7th. ^#4^

FAILURE.

Buffalo, April 29.—O. B. Howe & SOP, leading grain commission merchants, this city, made an assignment. Liabilit'es, estimc ted, $ ,oco ass own

TO-DAY.

Washington, April 30.—Immediately after the reading of the Journal, the Speaker presented the veto" message of the President, upon the army appropriation bill, and it was read by the Clerk.

On conclusion of the reading of the message which consumei 35 minutes. Sparks offered the following order:

Ordered, that the message of the President just read be entered at length on the journal as required by the constitution of the United States and that the House will to-morrow proceed to consider said «n«ssage, and thereafter to reconsider the bill making the appropriation for the support of the army for the fiscal year ending June 30, 18S0, and that said message be printed order adopted. & V-yJrff

mmm &

SENATE.

YESTERDAY AFTERNOON. Washington, April 29. The House bill was taken up, appropriating about $52,000 for the payment of certain clerks and employes of the two houses, and to supply deficiencies in the appropriations for mint and assay officers.

Plumb offered an amendment appropria^ng $136,000 to pay mileage the present session, but before action a message wis received from the House, announcing the death of Representative Clark, when the Senate adjourned.

TO-DAY.

Washington, AprU 30.—Consideration was resumed of the House bill, providing for certain expenses of the present session of Congress and for other purposes, the pending question being whether it was in order to amend, as proposed by Plumb, appropriating $136,000 to pay mileage for the present session.

The amendment was decided in order 33 gainst 23. It was then discussed find greed to.

HOUSE.

YESTERDAY AFTERNOON. Washington, April 29. Prior to the reading of the journal, a message, in writing, supposed to be a veto message, was received from the President.

The House piomptly adjourned as a mark of respect to the memory of the late Representative Clark. Vii

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CONGRESS.

The essage 1 Received by the House.

JOLLIFICATIONS OYER THE VETO Chicago, April 29.—Thirty-eight guns were fired here at 4 o'clock this afternoon, in token of approbation of the President's veto of the army appropriation bill.

Toledo, Ohio, April 29.—A salute of thirty-eight guns was fired at sunset in honor of the President's veto of the army appropriation bill.

Milwaukee, April 29.—The Republicans -«f this city are enthusiastic in indorsment of the veto by the President, and they, to-night, fired thirty-eight guns as a token of their appreciation thereof.

Cleveland, O., April 29.—A salute of thirty-eight guns was fired in Lakeview park, this city, at 8 o'clock to-night, in honor of the President's veto. All prominent Republicans are unanimous their approval of the President's course,

THEELECTBIC LIGH1 Cleveland, April 29.—-The regular lighting of the Monumental park, this city, with the Brush electric light, commenced this evening at (8 o'clock, being the first regular public lighting with the electric light of any city in the United States. There were 10,000 people in the park at the time appointed for lighting. The effect was brilliant in the extreme, and fully demonstrates the success of the light. The light gives three times more effective light as was formerly given by 110 gas burners, there being only twelve electric lights used. The light under contract costs the city $100 per year less than the gas formerly used.

''Thank you. but I am sick as

ever.

For thirty years I haven't known a well day." "Humph! Well, I've known you all that time and I don't recollect the time when you were not the very picture of health." "That just proves the obstinacy and malignity of my complaint, which sticks to me in spite of my apparent robustness."

Panseron had a comma for a nose, but nevertheless consumed pecks of snuff, and ceaselessly flourished a handkerchief as big as the mainsail of a frigate. "I know why you do," said Cherubini to him one day—"it's to make people think you have a nose."

FAST TIME.

Cleveland, April 30.—Wm. H. Vanderbilt and party on a special train passed Cleveland at 1 7 o'clock this rooming. The train is to make the run from Buffalo to Chicago in twelve hours. .. DEATH OF AN EX-CONGRESS

MAN.

Eufaula, Ala., April 29.—Eli. S. Shorter, member of the Thirty-fourth and Thirty-fifth Congresses, is dead age 56.

BUFORD'S TRIAL.

Louisville, April 29.—At Frankfort, to-day, Buford's trial was continued to the third Monday in May. The cause of the postponement was the inability cf several witnesses to attend.

*®ta&

H.7 *t

91.50 PER YEAR.

FOREIGN.

Vt -V,

Arrests

Russia,

every door, with stout sticks. Covered prison vans frequently pass with a police officer mounted beside the driver, and mw General Gourko drives round in an open drosky, escorted by Cossacks cracking the whips. The inhabitants are not accomplices of the Nihilists, but aoathetic spectators.

NEWS FROM THE CAPE.

London, April 29 —A Cape Town dispatch of April Sth says: Colonel Peerson and the Ekowe garrison reached the |ti s: Tugela on yesterdiy. Lord Ghelmsford and staff are on the way to Durban. It is Mated that the Zulus now occupy Ekowe, but that King Cetewayo himself has retired be} ond the Black Umvilsor river. The rumor that the Boers in- p-r: tended to detain Sir Barlle Frere is un-

THE BULGARIAN THRONE. Tirnova, April 29—The Bulgarian assembly of notables, to-day, unanimously s.« elected Prince Alexander of Battenburg to the throne of Bulgaria, with the title of Alexander the First. „wr

EVACUATION OF ROUMELIA^ It seems to be the impression at Constantinople and St. Petersbbrg, that several powers are willing to consent to Russia's retaining a portion of her troops at seme central position in Roumelia ,%l this last portion only' to commence evacuation August 3d. PUBLISHERS FINED ANT IMPRTSONFD.

Paris, April 30.—The publishers of the Revolution Francaise have been condemned to three month's imprisonment and to pay a fine of

1,000

ill

Wholsale in

V'%

Made oh the Slightest and Most

Frivolous Pretences.

t'i

News Prom Sonth Africa— Death of a Princasa

"Vi

is 2} A.

Prince Battenburg* Elected to the Bulgarian Throne.

WHOLESALE ARRESTS.

St. Petersburg. April 29.—The police are openly arreting people by batches a: all hours of the day. Hitherto arrests 1 were made at night. On the slightest «$&*• suspicion against any person his whole family are arrested and domiciliary visits are paid to all their acquaintances, these leading to further apprehensions, on the most frivolous grounds. Eighty-three furnished lodging keepers are in prison for not reporting within twentyfour hours the latest arrivals. Jakeveleff, government official, living in the Winter palace, and his son, an officer in the guards, are among the persons in ii custody. Baron Bistrom, deputy com- srs mandant of St. Petersburg garrison, and ssses* General Gildenstaube, commandant of Moscow have been superseded for insufficient enthusiasm towards the new order of things. There are few pedestrians or carriages on the streets, but an endlesa line of porters are seated on stands at :'.r

mi'-

founded. DEATH OF PRINCESS CHRISTINA. ^I 4 Madrid, April 29.—Princess Christina, second child and daughter of the Duke De Montpensier, died in Seville, yesterday afternoon. King Alfonso goes to S a

THE STRIKERS. Apiil 29.—Three thousand

London,

West Cumberland colliers, now on a strike have agreed to 6end representatives to the conference with the masters with a view to the settlement of disagreementc.

London, April .30.—75 guineas premium is now asked by the Underwriters on the missing steamer, Bernina A

iP"

francs for pub-

lishing a letter justifying the Commune. T«E RACES. London, Apfil 30.—Race for two thousand guineas stakes to-tiav at Newm&rket was won by Lord Talmouth's Cha:ibert In the betting there was 20 to 1 against the winner,., ten to one against the second horse, and six to one against the third horse. There pi wasjtwenty to one against Uncas. In betting on the Chester Trades' Cup Wednesday next, Parole is quoted five to four—sometimes even against the field.

London, April 30.—In the House of Commons to-day Sir Robert Peel complained that there was no minister present to answer his question relating to recent events in Russia of which he had given notice publicly yesterday. He also complained that this |i Speaker had altered the wording of the question. The Speaker explained that the question in the form submitted, being argumentative, could not be put, and it must be raised in the form of a motion.

WASHINGTON.

THB FOUR PER CENTS.

Washington April 30.—Subscriptions to the four per cent, retanding certificates since yesterday's report $400,000 to date $4,311,710.

A young woman who had never learned the gentle art of cookery, being Je^irous of impressing her husband with her knowledge and diligence, manages to have the kitchen door ajar on the clay after their return from the briaal tritf, and just as her lord comes irr Cfom the office exclaims loudly, "Hurry up, Eliza, do! Ha.Y^-t 'Jou washed the lettuce yet? Her, &. ve it me where's the soap?"