The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-04
A Word OF Warning.


As it is expected that the Attorney C en-
sral OF the United States will soon pro-
mulgate an official opinion justifying the
presence of troops at the coming elections
70 be held In the South, we may rs we'll
warn all concerned in this business that
the path of Official duty and power In the
premises liz an exceedingly straight ana
narrow way. We should think that the
Federal Judges who may have occasion to
charge Grand Juries before the day Of
election would regard it rs their duty To be
very plain spoken on this subject. At all
events we shall discharge our duty to the
public and to all officers of the army. high
and low, by explaining the meaning of
section 5,52S of the Revised Statutes of the
United STATES, n reunactment OF law
passed in 1885, and which reads a. follows:
p the cv,I mini y or n,vsi service OF the Tilted
Sac; ~n9 ytI,T', bsug-' sees OF his under ~, "a
where Agenera or sn,ea' ectou IL het IN any - =,
OF tne United atcs OF to Soep III peace the vol
men, A. her M TIg teas o1o3i Seo su
more than I'VE years"
This statute does not of itself authorize
any officer of the army, or the President
himself, TO station troops ut any place
where an election is held In any State, for
the purpose of keeping the peace at the
polls. highly penal statute, designed for
the protection of the ballot box from even
the presence OF military forces OF the
United States, is TO have its exceptions
construed with reference TO the legal con-
ditions that create the occasions on which
those exceptions are to operate. 1t cannot
ha a.lf
Eons. To haveany legal existence at all,
30 as TO constitute exceptions TO what is
prohibited, the excepted occasions must
have an Independent legal existence.
Thus, to excuse the presence Of troops at
any place where an election is held, for the
purpose of repelling armed enemies of the
United States, there must be state OF war
duly and legally existing; otherwise there
can he no armed enemies OF the United
States to be repealed. IN the same way,
to excuse the presence of troops for the
purpose of keeping the peace at the polls,
there must he n state of things that creates
lawful authority in the President OF the
United States to use force TO keep tine
peace in any state. This can only be when
the Legislature, or the Governor when the
Legislature cannot be convened, has called
upon the President TO aid the State i'm sup
pressing an instruction or to protect it
against domestic violence. When such "A
call has been made, If the polls are in dan
ger of disturbance and if the state author
titles require the presence OF troops Of the
United States 10 AID in keeping the peace
there, then the troops may be present aud
the officer who orders them to be present
Il lt.lI .taI,,.
troops are present without the previous
request of the State Legislature or the
Governor, the officer is liable to the severe
punishment imposed by the statute.
Any other construction OF this law
than that we have now given would
lead to this absurdlty, that while the Con-
stitution Of the United States has carefully
defined aud created the occasion on which
alone the forces of the United States can
got in preserv ng order in State, and has
limited that occasion TO call by the Legs
hture or the Executive of the State, yet a
statute OF the United States designed ex-
pressly to keep the Federal troops away
from places OF election, has so nullified it's
own purposes as to authorize the Presi-
dent. on his own motion alone, to station
ing the peace, which he Judges to be in
danger OF being broken What protection
does the statute afford 10 the ballot box
against the presence of military forces Of
tho United States. if the pretence of some
underlined danger and some imagined ne
oessity for Keeping the peace at the polls
Is sufficient, without any call from the
State authorities, to authorize their pres
sncei
Let il be noted and remembered that
not only are the miiitary Officers who vio-
late this law liable 10 Indictment and pun
Hhment, but every civil officer who gives
All order that leads to "A violation Of the
N" IL equally liable. The President, the
secretary OF War, every army officer, who
eiuers' brings, keeps, or has under his au-
~0'''y Any Hoops % armed psp at any