The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-08
Aaaesspa gatelliaessseer. s
Grants Excuse :.for Using Troops In
ElnctiNnRs

Grants Excuse :.Yor Using Troops In
Elections.
It is exceedingly difficult to extract
from the Presidents recent message any
consistent theory of justification for the
employment of troops in the Southern
States, during the election last autumn.
If he had designated any State as one
whose Legislature or Governor had called
upon him in suppressing an insurrection
against the State government, and had
stated that he had sent troops into that
State for that purpose only, and after the
call had. been made upon him, his ex-
planation would have been Ineligible.
Or, if he had designated any State in
which the execution of the laws of the
United States, in the due course of judi
cial proceedings, was obstructed, and
said that he had sent troops into that
State to remove such distractions only,
his expla, alton would again have been
ineligible. Or, If had designated any
State in. which, the equal protection OF
the laws of the United States was denied
to any class OF portion of the people,
whereby the laws of the United States
had been obstructed, and said that he
had sent troops into that State only to
suppress the obstruction. his theory might
have been understood. But all these
different subjects are so mixed up in the
message, and there is such a want. OF
exact and specific assignment of any
cause, in any particular State, for his
action in that State, that the country is
left without any means of knowing the
grounds of his action, in any one of the
several States into which troops were
sent.
One thing, however, is clear from the
message, when it is taken in connection
with the notorious fact that without any
other exigency, troops were moved from
distant places into the Southern States,
on the eve of an election. to act under
the orders of the United States 'marshals
at the election, in accordance with in
structions given by the circular of the
Attorney-General. If there had been no
Presidential election approaching, no
troops wonid have: been moved from the
distant and scattered posts where they
were stationed. This is lis clear as day
light; for the circular Of the Attorney
General and the orders Of the Secretary
of War make it so. Now the message
avows. the doctrine that although it is not
lawful to place troops at the voting
places of an election, they yet may be
placed in the near neighborhood where
they can be "ralliedS by United States
marshal as force to. aid in suppressing
violence at such election, whenever the
marshal deems it necessary.
We deny this whole theory, in its
premises and its conclusion, root and
branch, from beginning to end We
maintain that the army of the United
States cannot lawfully be stationed any
where, in reference to an election, for the
purpose of having it used as force by
any civil or military officer of the United
States, in the discharge of any duty con-
nected with that election. Persons who
are fond of what is called strong gov
ernment, and who are prone on all occa-
sions, to use force, may see no; harm in
the employment of the army of the
United States to keep the peace at the
polls. But the great mass of the people
Of this country know perfectly well that
the, presence of armed smenrat the polls,
when those armed men are part of the
army of the United States, is for any pur-
pose, in the highest degree Objectionable.
1t cannot take place without presenting
the Executive of the United States
to the popular feeling, as seeking
to oyerawe the voters, or to secure
an advantage to one political party
over another. -
Moreover, tits and has always been a
characteristic of our people to- be jealous
of the presence of military forces in the
neighborhood of; elections. They have
accordingly prohibited any civil or mill
tary officer OF the United States from
having under his control or command
any armed men, at any place of registra-
ton or election. of what avail is this
prohibition, if marshal can have armed
men where, as President Grant says, they
can be "rallied in an emergency" The
prohibition of, the law is,.sweeping and
positive. Within the sense and mean
ing of the prohibition, the armed men
are at the place of voting, if they are
where they can be "rallied" when the
marshal wants to use them. The instant
they are rallied" the Law is broken, ull..
less the Law contains an exceptions which
clearly and unequivocally allows the use
of this particular kind of force.
The President has been advised by his
Attorney General that troops of the
United States may be employed at cleo
tions ssto keep the peace" But as We
have shown, the marshals are authorized
by express provision of the law, in dis
charging their duties at any elections
with which they can interfere at all, to
use another description of force, namely,
the posse consitatus of their own districts; /;
while the troops of the United States are
excluded from the posse consitatus of any
district, because every civil officer of the
United States is prohibited from having
them under his command or control at
any polling place. The present admins
tration, whose chief is military man,
maintains that the words "or to keep the
peace at the polls," in the section Of the
law containing the prohibition, imply
that the prohibition is removed whenever,
in the Judgment of the marshal, it ought
to be removed. But these words must be
interpreted by their context, which man
ifestly means that the prohibition can be
removed only when it is necessary to pre-
vent the peace at the polls from being
interrupted by armed enemies Of the
United States; that is, in time of war.
Yet even if this were not the necessary
and obvious construction, it would be
glaringly inconsistent and absurd to de-
Clare that a civil officer shall not have
troops under his control at the place of
any election, but, in keeping the peace,
shall rely on another and specially desig-
mated force and yet at the same time
permit him to use his ewn judgment in
the employment of the very same force
which he is forbidden to have under his
control.
The President says that his theory was
not carried out, because the troops were
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