American citizen. [volume] (Canton, Miss.) 1864-1890, 1876-09-16

OF 1900, "rXceptInS to Keep the
peace at the polls" should have re,
f''rred to the powers or duties of
United States Marshals in regard
to the Federal elections, or to the
preservation of the peace at the
polls by anybody but the State
authorities. Tue exceptions refers
to those occasions, and those only,
when the State Executive or Legis
lature have called upon the Presi-
dent of the United States for and in
preserving the peace of the State
against instruction or domestic
violence. GA such occasions, the
law of 1865 relieves all officers of
the United States, civil and mill
tary, from the penalties denounced
against the dangerous act of station
ing armed men at the voting places,
and makes it lawful for the Presi-
dent to put the troops of the United
States at the disposal of the Execu-
tive of the State, even at places
where voting is to he carried OH. At
all other times and OH all other
occasions, with the single further
exception of state of war, when it
may be necessary to repel the armed
enemies of the United States, it is
made a high crime in any officer OF
the United States to cause troops to
he present at places of voting.
1t is impossible, therefore, that
this exception of keeping the peace
at the polls, simply repeated in the
Revised Statutes from the law of
1865, should have referred TO the
duties and powers of United States
Marshals under laws of subsequent
date; for although those subsequent
laws empower the Marshals to call
to their aid the bystanders, or posse
comitatus, when they are INSTRUCTED
in the performance of their duties
at the Federal elections, the prohi-
bition of the act of 1865, in regard
to the presence of armed men at the
polls, must be taken to have ex-
clu,led all military bodies from the
posse clmitatus on which the Mar
shalls may call at such elections.
Military forces are not excluded
from the posse comitatus when the
Marshal has to enforce process of
the United States against forcib'e
resistance. They are not excluded
from the posse comitatus that may
be employed to keep the peace at
the polls during an election but
they cannot be placed at the polls
by the Marshal, or be made to AIT
under his direction. They must, if
they are United States troops, be-
detailed by the President, or by
some officer acting by his direction,
to act under the State authorities,
after call has been made OH the
President by those authorities.
based on the declared fact that the
State is unable to protect itself
against instruction or domestic
violence.
1t is no answer to this claim, as
the Acknowledgement AYERS, that
the United States are empowered
to protect voters at general cleo
lions. The question is, by what
means and by the use of what force
such protection is to be afforded,
and who is to use that force The
radical vice of Mr.. Taft's circular Is
that it assumes it to be lawful for
the BIarshals to employ military
forces at the polls, Notwithstanding
that a law of the United States de-
cIares that no civil or military officer
of the United States shall cause
armed men to be present at the
polls, excepting OH those occasions
which were contemplated by that
law. with which occasions the duties
OF the Marshals at elections have
no relation, and which were known
to the Constitution aud laws of the
United States long before the Mar
shals had any duties whatever to
,,orf.,rp, at elections
1t is not creditable to the Depart
ment of Justice that circular should
have emanated from it so devised
that if it's doctrine could possibly
be regarded as sound law, the con-
would be, in every State
Of this Union, in spite of the act of
1865, that United States Marshals,
upon their own discretion merely,
and on their own Judgment upon
what the circular calls NOTORIOUS
events" and on their apprehension
If a violation of the peace of the
United States" could place armed
men at the voting places. The pre-
.ension is too monstrous to be en-
lured. If this circular correctly |
states the law, then it is in the
,ower of an INSCRIPTIONS President,