The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-07
Troops at the Polls.

We have not yet done with the circular
OF Attorney G eneral TAFT; for we mean
that this matter shall be thoroughly under
stood by the people and py all official per-
sons before we leave it.
There is a law Of the United States which
Furnishes any civil or military officer of the
United states who places troops or armed
men at any place in any state where
general or special election IL held, and this,
of course, includes elections for Fed
eral officers as well as all others.
This law was passed in 1865, before the
so called Enforcement acts, before the
Federal election laws, and before the
adoption of the Fifteenth Amendment OF
the Constitution. 1t is therefore impos-
sible that the clause IN the act of 1866,
Excepting to keep the peace at tho
polls, should have referred to the powers
or cuties OF United States Marshals in re-
gard to the Federal elections, or to any
preservation OF the peace at the polls by
anybody but the state authorities. The
exception refers TO those occasions, and
those only, when the State Execu-
tive or Legislature have called upon
the President OF the United States
Tor aid in preserving tho peace
OF tho State against Instruction
or domestic violence. On such occasions,
the law OF 1865 relieves all officers of the
United States, civil and military, from the
penalties denounced against the danger
GUS act OF stationing armed men at the
voting places, and makes it lawful for the
President to put the troops of the United
Efatac "a the nisnnqal ~ ha ENapnftva 81
the State, even at places where voting is
TO he carried on. At all other times and
on all other occasions, with the single fur
ther exception OF a state or war when il
may be necessary 10 repel the armed enc
mics Of the United States, it is made "A high
crime in any officer of the United States to
cause troops TO be present at places OF
voting.
II is impossible, therefore, that this ex-
beption Of keeping the peace at the polls,
simply repeated in the Revised Statutes
from the law Of 1866, should have referred
20 the duties and powers OF United States
harshals under laws OF a subsequent dat @
for although those subsequent laws en-
power The Marshuls TO call to their aid the
hystanders, or posse comitdtus. when they
NJ WIS ilA'A'l III iut performance or lnelT
duties at tho Federal elections, the proh-
b.tou OF the act of 1861, IN regard TO the
presence Of armed men at the polls, must
be taken 10 have excluded all military
bodies from the posse oomitdt1,S on which
III" har2hals may call at such elections.
Military forces are not excluded from
tho posse cOmiiGtUS when the Marshal has
10 enforce process OF the United States
against iorcible resistance. They are not
excluded from the posse cOnUdtus thni
may be employed to keep the peace at the
polls during an election; but they canHot
b. placed nj the polls by the Marshal. OF
b. made to act under his direction. They
must, If they are United States troops, be
detailed by the President, or by some OH
Ger acting by his direction, TO not under
the state authorities, after call has beer
made on the President by those authors
te-' based ON the declared fact that tho
State Is unable 10 protect itself against in
buIrection or domestic violence.
lt IA uoa answer TO this Gain. as theAttor
heS-Heheral ayers, that the Unitod State