The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-25

the courts on the United states were not
open and unobstructcd 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 Govern
ment OF the United States. The law which
was intended to meet such cases was passed
in 1861, and was designed to meet such IA
condition of things as existed at the out
break of the great rebellion. 1t was con-
tnucd in section 5,29s of the Revised
Statutes.
Tn third case in which there is any pro-
vision of law that affords any color even for
employing the army within State, when
there is no foreign war; is when, by reason
OF instruction, domestic violence unlawful
combinations or conspiracies in any State,
the laws OF the State and of The United
States are so hindcred or INSTRUCTED In
their execution as TO deprive any portion or
class of the people Of "A state Of any OF the
rights, privileges, immuntics or protection
named in the Constitution and secured by
the laws, and the constituted authorities of
the State are unable 10 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 n denial
by the State Of the equal protection Of the
laws TO which they are entitled under the
Constitution Of the United States. This law,
If there is any force in the decisions Of the
supreme Court Of the United States, was
UNCONSTITUTIONAL; nut IL 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 Prcsi-
dent may employ the militia or the land and
naval forces Of the United States to remove
the obstruction. No such case existed any
where in the Union when the President, last
August, Withdrew troops from very distant
posts and sent them into the Southern
states nor was there IA single State in the
Union during the whole autumn, in which,
upon any decent construction of this statute,
the execution Of the laws of the United
States, or the due course of justice under
the same, could he said to be INSTRUCTED.
We must now remind our readers Of tho
prcteXt under which the troops we're origi-
nally moved into the Southern States and
the purpose for which, 1t was pretended they
would be needed No one can have forgot
ten that the order of the Secretary of War
for the troops to march, and the notorious
circular Of the Acknowledgement. were sim
ultaneOus. That circular proceeded upon
the assumption that the Narshals OF the
United Statcs at elections at which mem
bcrs of Congress and Presidential Electors
were TO be chosen could use the armed forces
Of the United States in keeping the peace at
the polls. 1t so claimed expressly, and II
1ttl.a g
icers of the army, when they necdcd mill
tary force at the polls; and left the employ
ment of such force 81 the discretion Of each
Marshal. Now the law, embodied in the
Title of the Revised Statutes relating TO the
Elective Franchise, which made II the duty Of
the Marshals TO keep the peace, and protect
the Supervisors in the discharge Of their du-
ties at places Of registration and voting. lid
not authorize them 20 use the army Of the
United States. They were only authorized,
when forchly resisted in the execution of
their duties, to call on the bystandcrs or
posse comitatus Of their districts. Although.
under some circumstances, a military force
may sometimes be used AS part Il the
posse comitatus, it is apparent that the
! army of the United States cannot
be so used at elections in time of peace. The
very first section Of tho Title Elective Fran
chisc, section 2,o62 prohibits any person in
the civil, military. or naval service of the
United States from bringing, keeping, or
having under his authority OF control, any
troops or armed men at the place whore any
| general or special election is held In any
| State, unless it be necessary 90 repel the
armed enemies 81 the United States, or IA
keep the peace at the polls. The condition
Of things here contemplated Is state Of
war, IN which il may hc necessary TO holl
elections as at all other times; aud the keep
ing Of the peace refers 20 the necessity for
securing the neighborhood Of tho voting
places from disturbance by the enemy. II
would be strange Inconsistency If, after
| having denounced severe penalty against
any civil or military officer who should have
troops at voting place within II stat"
Congress had authorized i general keeping
Of the peace, when there arc no armo'
enemies OF the United States to be re
pollei, 20 be made the excuse fpl
doing the very thing that is prohibited
Congress has provided other means Tor keep
ing the peace at elections in viii n Congress
has anything TO do with the peace, namely
Icy empowering the Marshal TO call for th'
aid Of the by-tandors, or posse cnmltatus O
his own district The army % the Unito'
Statcs Is not and cannot be- a part OF tn
posse comitatus Of the district ~ any Mar
shall. ia Marshal has a process to enforce
anl is resisted, and it is necessary to use
military force Of the United States 20 oXo
cute That process il is to be done under an
otner provision Of law, with which the poac
at elections has no concern
We have thus taken some pains 10 stat
the law as it is ON this subject ~ employing
the army within the States. The excuse
offered in the Presidents message sti
remain TO be examined.
The TaN payers aud the Tax Consumers
The rcsult 81 the conference Of citizen
held at Mayor ELY's Office on Tuesda
afternoon was simply to demonstrate aires
the ignorance and holplessncs Of the taS
payer Of this city and the power Of its Ia