The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1876-12-14
The Army LII the SOuCh.

Neither the Electoral votes of Louis
lana, Florida, nor South Carolina, can
legally be counted for Hayes, because
the election in the latter State was held
in subordination to and under the con-
troll of the Federal army, as was the
canvass of the votes in the other two
States. Brightly, in his work, "Lead-
ing Cases on Elections" pages 603-45,
says (Trigg VS.. Preston, 1 Cong. Elect.
Cas-. 7S): "In 1903 Committee of the
House of Representatives reported
against the right of member 10 his seat
on the ground of the presence of Federal
troops in the immediate vicinity of the
polls, and the interference of some of the
soldiers with the freedom of the election"
Blackstone says: at is essential to the
very being of Parliament that elections
should be absolutely free; therefore, all
undue influences upon the electors are
illegal and strongly prohibited" Il Bl.
Com. 1879 MIR. Locke ranks it among
those breaches of trust in the Execu-
tive Magistrate which, according to his
opinion, amount to dissolution of the
Government elf he employs the force,
treasure and offices of the society to cor
rupt the representatives or openly to
pre-engage the electors and prescribe in
what manner 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 fountain of public security"
Locke on Government, p. 2, sec. 222:
sin 1S41, during the corrupt Administra-
tion of Sir Robert Walpole, at an election
held for the City of Westminster, a body
of armed soldiers, under an order signed
by three Magistrates of the county, was
marched up and stationed in the church
yard of St. Paul, Covent Garden, in
the vicinity of the poll; and on this
being shown to the House of Commons
they passed resolution affirming that
the presence of regular body of armed
soldiers at an election of members to
serve in Parliament is high infringe
ment of the liberties of the subject, a
manifest violation of the freedom OF
elections, and an open defiance of the
laws and Constitution of the Kingdom.
The High Bailiff was taken into custody
by order of the House, and the three
Magistrates who signed the order were
brought to the bar and reprimanded by
the Speaker, upon their knees, as the
House had directed; and after this
the House passed vote of thanks to
the Speaker for his reprimand to the
delinquents. and directed the same to
be printed" When we remember
that the trainers of the Federal Con
stitution so feared the danger of al
Administration, by reason of its great
power and patronage perpetuating it
existence and its abuses to the danger O
the people, that they excluded any one
! holding an Office of trust or profit undel
the Federal Government from eligibility
as Presidential Elector, thus clearly
condemning Federal interference in tn,
election of a President, the above citation
apply with peculiar force against tn,
validity of the Presidential election
in all these States. The army officer
and soldiers may have tried to be just
but the precedent, if allowed to stand
may bring upon the field, in tn
future, very different class of officer
and soldiers The only safety is il
laying down and adhering to the broa'
principle that where armies begin, ther
elections end. If the army be necessar
to hold an election in any State, tina
State is not, at the time of such election
capable of self-government, and no vail
election can be held therein, for the pee
pie of State who are incapable of sci
government have no right to take pal
in governing others. Let Congress col
denim the example by declaring the ele'
tion void and refusing to count the vote