Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-01-31

for the aid of the United States to sup.
press an insurrection against the State
Government. In such cases il was
provided by the laws of 1895 and 1907,
now ro.cnacted in section 5,297 OF the
Revision Statutes, that the President
may, TO suppress the insurrection, call
forth the militia or employ the land
and naval forces. No such case ex-
isted anywhere in the Union when the
President, in last August, withdrew
the troops from very distant posts and
sent them into the Southern States.
The second case in which it is law.
ful to employ the army is when by
reason of unlawful obstructions, com.
binations or assemblages of persons, Or
rebellion against the authority of the
Government OF the United States, it
shall have become impracticable to en-.
force the laws of the United States by
the ordinary course of judicial proceed.
ings In such cases the President may
call forth the militia, or employ the
land or naval forces of the United
States, TO remove the forcible opposi-
tion or obstruction to the execution Of
the laws of the United States. No such
case existed anywhere in the Union,
when the President, last August, with
drew troops from very distant posts
and sent them into the Southern States;
nor was there moment IN the whole
autumn when the courts in the United
States were not open and unobstructed
in every State in the Union, or when
the laws of the United States could not
be executed by the ordinary course Of
judicial proceedings, or when there was
any rebellion against the Government
of the United States. The law which
was intended TO meet such cases was
passed in 1861, and was designed to
meet such condition of things as ex-
listed at the outbreak OF the great re-
bellion. 1t was continued in section
5,29S of the Revised Statutes.
The third case in which there is any
provision Of law that affords any color
even for employing the army within
a State, when there is no foreign war,
is when, by reason of insurrection, do
nestle violence, unlawful combinations
or conspiracies, in any State, the laws
of the State and Of the United States
are so hindered or obstructed in their
execution as to deprive any portion or
class of the people of State of any of
the rights, privileges, immunities or
protection named in the Constitution
and secured by the laws, and the con-
stitutcd authorities OF the State are
unable to protect, or from any cause
fail or refuse to protect in such cases
it was provided by the Enforcement
act of 1871 that the facts should be
deemed denial by the State of the
equal protection of the laws to which
they are entitled under the Constitu.
ton OF the United States. This law,
if there is any force in the decisions OF
the Supreme Court of the United States,
was unconstitutional; but it stands as
section 5000 of the Revised Statutes,
which provides that in such cases,
when the laws of the United States, or
the due course of justice under the
same, are obstructed, the President
may employ the militia or the land
and naval forces Of the United States
to remove the objection. Nosuch case
existed anywhere in the Union when
the President, last August, withdrew
troops from very distant posts and
sent them into the Southern States
nor was there single State in tn,
/, Union, during the whole autumn, il
! which, upon any decent construction
r Of this statute, the execution of the
laws OF the United States, or the due
course Of justice under the same, could
be said TO be obstructed.
. We must now remind our readers ol
J the pretext under which the troops
were originally moved into the South
crn States, and the purpose for which
il was pretended, they would be need
: cd. No one can have forgotten that
the order of the Secretary of War foi
the troops to march, and the notorious
circular of the Attorney General, were
simultaneous, That circular proceed
cd upon the assumption that the Mar.
shals of the United States, at any elec.
ton at which members of Congress and
i. Presidential Electors were to be chosen
Q could use the armed forces of the Uni.
n ted States in keeping the peace at the
4 polls. 1t so claimed expressly and il
' instructed the Marshals TO call upon
u the officers of the army, when they
r needed military force at the polls
b and It left the employment of such
force TO the discretion of each Marshal
Now the law, embodied in the Title Of
+ Revised Statutes relating TO the Elcc
! tive Franchise, which made it the du
! ty Of the Marshals to keep the peace
and protect the Supervisors in the dis
charge of their duties at places OF reg
! istration and voting, did not authorize
) them to use the army of the United
States. They were only authorized
} when iorcibly resisted in the execution
'of their duties, to call on tho bystand