The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-06

ion with reference TO the execution OF thet
and all other process. But in 1885 an actor
Congress was passed, now reenacted In the
Revised Statutes, section b,52s, making II
highly pcnal offence for any of1oer oil the
army. or other person in the civil OF mill
tarv service of the United states, to order.
bring. keen. or have under his authority
or control, any troops or armed men at
any place where general or special cleo
ton Is held IN any State, unless such force
be necessary TO repel armed enemies of the
United States or 10 keep the peace Mt the
polls. The same provision also stands in
section 1909 Of the Revised Statutes, at
the head Of the title, THE Elective Fran
ohise."
We have already pointed out, in our
issue Of Monday, Sept. 4, why the excep-
ton of keeping the peace at the polls, so
far as the use Of military power is con-
oerued, can exist only when the State. un-
able to keep its own peace, has called on
the President of the United States for aid.
The law which sternly prohibits even tho
presence of military forces ut the place OF
an election necessarily excludes them from
the posse comitdtus which the Marshal is
to summon aud call to his aid for the pur-
poses set forth in the title on the elective
franchise. The great purpose of the law
OF 1865 was to prevent officers OF the army
from stationing troops at any place where
an election is held. excepting when they
are acting, not under Marshal OF the
United States, but under the Executive
authority of the state after call on the
President which has resulted in a detail
OF United States forces to act under the
orders of the State authorities.
This circular. therefore, of the Attorney
General will utterly mislead the Marshals
and their deputies us well as officers of the
army, Ii IL induces them TO believe that
Marshal, under the pretcxt Of keeping
the peace of the United States" can use
troops of the United States ut the polls TO
aid him in the discharge Of his duties in re-
gard to the protection OF the elective tran
ohise. He may undoubtedly use the whole
Of what constitutes the posse comitdttts in
the discharge of his duty ut the polls. ex-
cepting that he must take exceeding good
care that he does not employ the troops OF
the United States as part Of that posse
comitdtus. IL he does, no circular of any
Attorney General that ever lived will
afford him the least protection.
We have no doubt whatever that the dis
tinotion on which we now insist will here
after be held by the judiciary TO be cor
rect. Upon any other construction Of the
provisions Of the Revised Statutes, II would
follow that any United States Marshal in
any State, upon his own judgment anc
discretion, without any action OF the State
authorities, without there having been
| any call by the state Executive for the aid
of the United States In protecting the
State against domestic violence, and when
no process OF the United States is 10 be ex-
ecuted, may place troops of the United
States at the polls to act under his orders,
and do whatever he may judge necessary.
our liberties are not in such desperate
condition, as all Marshals Attorney-Gen-
erals, and all other officers will find when
this election Is over.