The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-08
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Grants Excuse sror Using Troops Ia
Elections,

Granps Exeusa slor USsnS Troops in
Eiectione, f'
II Is exceedingly dificuit 10 extract
from the Presideht's recent message any
consistent theory of justification for .be
employment Of troops in the Southern
States, during the election last autumn.
If be had designated any STATE as one
whose Legislature or Governor mad called
upon him in suppressing ap ilsurrec.icn
against the State government, aaa had
lated that he had sent troops into thgt
State for that purpose only, and after the
cal! had been made upon Kim, his ex-
planation would have been intelligible.
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 obstf1cti0ns only
his explanation would again have becn
Ineligible. Or, il had designated any
State in which the equal, nrotectior, Of
the lava Of the Unite.: Statessvas denied
to any class or portion #of tie people.
whereby the laws Of the United States
had been obstructed, aud said that he
had sent troops into that State ONLY to
have been understood. But al. these
different subjects are 30 m:xed up in the
message, and thee is such want Of
exact and specific assignment of any
carsc, 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 ii O
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 tue eve of an. election, to act under
the orders OF the United States 'marahals
at the election, in accordance with in.
structions given by the circular of the
Attorney General. If there had been nc
Presidential election approaching, nc
troops would have been moved from the
distant and scattered posts where they
were stationed. This is as 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 tiki although It is moi
lawful to place troops at tho voting
places of an election, they yet may bl
placed in. the near neighborbood whert
they ,cah be "rallied's by,, United States
marshal as force to aid in suppressip1
violence at such election, whenever the
marshal deems 1t necessary.
We deny this .;~%hole theory, In it,
premises and its conclusion, root Rnt
branch, from beginning 70 end. W.
maintain that the army of the United
States cannot lawfully be stationed any
where, in reference to an election, for ths
purpose of having it used rs force by
any civil or military officer Of the Unitec
States, in the discharge Of any duty con
nccted 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 bnTm in
the employment OF the army of the
United States to keep the peace at the
polls: But the great inass Of the people
of this country know perfectly well tha,
the presence Of armed men at the polls,
when those armed men are part OF the
army of the United States, Is for any pur.
pose, in the highest degiee objectionable
1t cannot take place without presenting
the Executive Of the United States
tc tho popular feeling, as seeking
to overawe the voters, or to secure
an advantage to one political party
over another
Moreover, it 10 and has always been d
characteristic OF our people to be Jealous
of the presence Of military forces in the
neighborhood of elections. They hive
aoo0TaiT5iy prohibited ::s ::;;, e:sil milf
tary officer OF the United States from
having under his control or command
any armed men, st any place Of roei eiatsa-
tion or election. OF what avail 10 si,is
prohibition, if marshal can nave armed
mon 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 IIneau-
ing of the prohibition, the armed men
are =. the plscs og yatins, if shey are
where they can be "rallied" when the
marshal wants 10 use them. The instant
they are rallied" the Law Is broken, uiia
less the Law contains ah exception which
clearly and unequivocaiiy allows the use
of this particular kind offorce.
The President has been advised by his
Attorney General that troops of the
United States may be employed at elec-
tions ITO keep the peace" But as we
have shown, the marshals are authorized
by express provision OF tho law, ia dis
charging their duties at any elections
with which they can Interfere at all, to
use another description of force, namely,
tho posse conlitdtus Of their own districts:
while Tia troops fthe United States are
excluded from the posse con,ttafus OF any
dietrick; hacanse every civil officer of the
United States ID prohibited from having
them under bis commend or control az
any polling place. The present admins.
tration, whose Chief; Is q military man.
maintains that the words sior TO keep the
peace st the poll - In the section OF the
law. containing The prohibition imply
that the prohibitio Isl sFemoyed whenever.
in the Judgment OF the inarstial, it olght
to be removed. Rnt these words mugs be
interpreted by their context, which man
ifestly means that the prohibition can be
removed only when 1t is necessary to pre-
vent the peace st tho polls from being
interrupted by armed enemies of the
UEitsiis States; thesss :s, :s l.. time agg .ar.
Yet even il this we're not the necessary
and obvious construction, It would be
glaringly inconsistent aud absurd. TO de-
clare that civil officer shall not have
troops under his control ct the place Of
any election, but, In keeping tho peace,
shall rely on another and specially desir.
mated force and yet at the same time
permit him 70 use his eyn Judgment X,
the employment. OF the very saine force
which he ia for biddeil 10 have under his
control.
The President says that his theory Ya,
not carried out, because the tycons. sseFa
not used nt Tie polling places. But ne
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