The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-26

without presenting the Executive Of the
United States, 20 the popular feeling, as sock
ing to ovcrawc the voters, on to secure an
advantage to one political party over an
other.
Moreover, it is and has always been n
characteristic Of our people to be jealous
OF the presence oi military forces in the
ucghhorhood Of elections. They haze ac-
cordingiy prohibited any civil or military
officer Of the United Statcs from having
under his control or commend any armed
mon, at any place of registration or election.
or what avail +. this prohibition II a mar
shal can have armed men where, rs Prosi-
dent GRANT says. they can be rallied in
an emcrgcncyi' The prohibition of the
law IS sweeping and positive. Within the
sense and meaning of the prohibition. the
armed men are at the place Of voting. If they
are whore they can 10 "ralllci"
when the marshal wants TO use them.
The instant they are "ralicd," the
law IS broken, unless tho law con-
talns an exception which clearly and
uncquivocally allows the use Of this par
ticular kind Of force.
The President has been advised by his
Mtorncy-GcucrNl that troops of the
United States may be- employed at elections
"to keep the peace But as we have
shown, the marshals are authorized by
express provision Of the law, in discharging
their dutic- AT anyclcctions with which they
can interfere at ALL to use another dcscrip-
ton of force namely the posse comi'dits Of
their own districts; willie the troops of the
United States are excluded from the posse
fr 4 rf
officer Of the United Statcs Is prohibited
from having them under his command or
control at any polling place. Tho present
Administration, whose chief IS military
man, maintains that the words or to keep
the peace at the polls" in the section
Of tho law containing the prohibition,
imply that the prohibition Is removed
whenever, in the judgment Of the marshal,
IL ought to be removed. But these
words must he interpreted by their
context. which manifestly means that the
prohibition can be removed only when IL Is
necessary to prevent the peace at the polls
from being interrupted by armed enc
mics Of the United States; that is, in time Of
war. Yet even II this were not the ncccs-
sary and obvious construction, it would be
glarngly inconsistent and absurd 90 declare
that n civil officer shall not have troops
under his control AZ the place Of any clcc-
ton. but IN Keeping the peace, shall rely on
another and specially designated force; and
yet at the sane time permit him to use his
own judgmon, in the employment Of the
very same fore which he IS forbidden to
have under his tpntrol.
Tho President s.ys that his theory was not
carried out, becau'e the troops were not
used at the polling places But he adj
mits that they were ,'ationed where they
were available" TO the .qarshals. We af-
firm that this was a. nu h a violation Of
the law as if the troops had been stationed
In close contact with the blllot boxes. In
matters Of this nature, laws are 10 be con-
strucd with the utmost strictncss against the
exercise Of powers dangerous - the liberties
of the people, and in respect TO which they
are habltually and rightiuly jealous. We
trust that Congress will take caro- to ailiy
such a mark upon this first precedent OF
the employment u the army wh"r" il can tc
available" at an election a. will make it
for all time not only the fist, BAT tie last,
precedent Of its kind.