The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1876-10-01
THE CONSTITUTION AND THE LAWS
VERSUS GRANT IND HIS CABINET
o tho Editor Of the Boston Post

To the Editor Of the Boston Post:
Neither the Attorney General nor the Sec.
rotary of War, nor the President of the
United States, can authorize an act t0hich
the laW makes punishable by fine and i'm
prisonment dthdrd labor and disquali fcation
from holding office.
"That in ali cases, the military should
be under strict subordipation to and gov
erued by the civil power" is q principle
which cannot be disregarded by any Gov
eminent which deserves to be called Re-
publican; and in constitutional govern
ment, whether called republican or mon
| archical, it is essential "that elections
should he absolutely tree, therefore all un
due influences upon electors are illegal,
aud strongly prohibited" MIR. Locke
T tDks it "amorg those breaches of trust in
the Executive magistrate, which, accord
| ing to his notions, amount to q dissolution
of the government, if he employs the force,
treasure, and officers of the society to cor
ropt the representatives, or openly to
pre- engage the electors and prescribe What
manner of persons shall be chosen. For
| thus to regulate candidates and electors,
and new model the ways of election, what
| is it, but to cut up the Government by the
roots, and poison the very foundation of
public eecurityf"
To do these things, whether by means of
the army or otherwise is beyond the consti
tutional power of the Queen of Great Britain
| aDO lTelanu, OF OI tno TTebluoEC Oh Gne
| United States, and consequently is not
within the lawful power of any officer or
person acting under either. Sir William
| Blackston has said that, las soon there
fore as the time and place of election, either
in counties or in bOroughs are fixed, all
soldiers quartered in the place are to re-
move, at least one day before the election,
to the distance of two miles more, and
not TO return until one day after the poll is
ended."-1 Bl. Com. 1879. And the Revised
Statutes of the United States passed by
the Forty third Congress Q673 ~ provide
| as follows: -.
Sect. 5528. Every officer of the army
or navy, or other persons in the civil, mil
| itary or naval service of the United States,
| who orders, brings, keeps, or has under his
authority CT control, any troops or armed
men at any place where general or special
election ls 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
| five Thousand dollars, and suffer imprison
ment and hard labor, not less than three
months, nor more than FIVE years."
Sect. 5529. Every officer or other per-
son in the military or naval service, who
by force, threat, intimidation, order, advice
or otherwise, prevents or attempts to pre-
vent, any qualified voter of any State from
freely exercising the right of suffrage a.
any general or special election In suct
State, shall be lined not more than nv<
thousand dollars, and imprisoned at hare
labor not more than five years."
"Sect. $3.50. Every officer of the army
or navy who prescribes or fixes, or attempts
, to prescribe or fix, whether by procIama
ton, order or otherwise, the qualification
of voters at any election In any State, shall
be punished as provided in the preceding
section"
} "Sect. 5531. Every officer or other per
son IN the military or naval service who b,
force, threat, Intimidation, order or other
wise, compels or attempts to compel, an.
officer holping an election in any State t.
receive vote from person not legal.
qualified to vote, or who imposes or at
G tempts to impose, any regulations for con
} Quoting any general or special election in
, State, different from those prescribed b.
: law, or who interferes in any manner witt
any officer of an election in the discharge o
his duty. shall be punished as provided il
section $500"
, 'Sect. 5532 Every person convicted O
! any OF the offences specified in the fv
preceding sections shall, in addition to tn
punishmen:s therein prescribed, be dis
qualified from holding any Office of honor
profit or truet under the United States"