The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1876-09-21
General Sherman, Taft and the Mar,
shalg,

General Sherman, Taft and the Mar
bio ojl"j71eq % s!nnaals' oa ,ydjrow9ajarq
aiGenerap Sherman does not seem
to be- fully in accord wish h Secretary"
Taft, 9VG0Eefhor7 Chemberlaihe aud,
otBer" *obidsBe5 ointihidatofs Of De.
m6crafic voters Id regard to the use
Of Federal soldiers by. the Marebals
and their deputies. Tn publishing
Taftisl Infamous circular, Sherman
instrpcts military officers that they
must judge for themselves, whether
the service required of them is lawful,
necessary and compatible with their
ordinary military duties. - IF possible,
every application p tor q aid y by the
Marshals or deputies, must be re-
ferred to the President for his Or
doris. and in all cases the highest Of
ficers who can be reached, will alone
assume the responsibility of action.
This is hardly what Taft and his
ihstigatofs Il contemplated, and is
doubtless far below the anticipations
Of Radical politicians in the South.
We shall see. .'' '''''@ - ''.' '..''' .
In the meantime the New York
San, expounds the law for the bene-
fit. of all concerned, in the following
lncid and emphatic fashion:
The only point in relation to the
Attorney Generals circular that is of
the slightest consequence is whether
the President can lawfully authorize
Or instruct the Marshals Of the United
S'a' es, or their deputies, to preserve
what lie calls "the peace of the United
States" at the polls when Federal
officers arc to be chosen, by employ
ing the troops of the United States
rs part Of the, Doase-- -cnmitnins. What
the Attorney General means by the
'peace Of the United States" as dis =
tinguished from the peace of a State
it would be difficult to fell. The S =
preme Court of the United States has
said it cannot be claimed that the
United States have the power or are
required TO do nero police duty in
the States. But assuming that at
Federal elections "the United States,' -
to use the Attorney Generals Ian
gnage, have the ri ght to "secure
voters against whatever in general
binders or prevents them from free
exercise OF the elective franchiso"-
which by the way is not true unless
the voters are molested or .interfered
With on account of their color the
question is whether the Marshals, in
preventing snch molestation, can
use at the polls the army Of the
United States. .,....
Section 2,024 ofthe Revised Stat,
ptes, title, "The Elective Franchise,' p
undoubtedly empowers the Marshal,
when he is by violence, threats or
menaces, prevented from executing
his duties 'or from arresting any per>
son who has committed any offence
for which the Marshal is Authorized
TO make arrest, ''to summon and call
to bis aid The bystanders or posse
connitatus of his district" The quo.
tation which the Attorney General
makes from the opinion Of his pre-
decessor, Mr.. Gushing, to the effect
that military bodies may be included
in the posse comtatus when the ex--
ocntion Of process is resisted, has
nothing whatever to do with the law
tuIness Of stationing troops at the
polls to keep the peace, or to prevent
the commissions of offences, or to
make arrests without process. Mr..
Cushing's opinion was given in 1854,
with reference to the execution OF
process under the Fugitive Slave
law; and it was true opinion with
reference to the execution of that and
all other processes. But in 1865 an
act of Congress was passed, now re-
/ o,aofnI ~ Iho 1Oo,sooJ