The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1879-10-11
VITAL ISSUES
The Army at the Polls and the
Doctrine of State Rights,
Eloquent Extract from a Recent
Speech by Hon. George
III. PendletOn.

A'VNuCht GAtidtt HUH u utCtut
Speech by Hon. George
III. PendletOn.
NSNa "a @wHa NA a.
The presence of the army at the pollsl
MustI argue It seriously Must show by
theory and reason that it is entirely inoompat-
bic with the freedom Of electicnsf Must I GO
into history and sustain the theory by the ex-
ample of every free Government which has
ever lived and diedg Must Isshew that nearIy
every State in the Union has prohibited even
the mastering OF the militia on the days of elee-
ton? Must II show that the framers OF orr
constitution we're SO jealous of the military
power that they made 1t absolutely the creature
The Congress shah have power; - > ~
To raise and support armies;
To provide aud maintain a navy,
To make rules for the governments and regu ]
latlon of the land and naval forces + "a
But lest even Congress should be tempted to
use the army to perpetuate the power of a
party or destroy the liberty of the people, the
constitution carefully provided thateYen Coz
gress should make mo appropriation OF
money to that uee for longer term than two
years" DnfaTsrfsY RI = fs.=
To guard still more carefully the use of the
while Coasfes n may Il rnoyide for ofganiza,g,
arming and discipiining the militia, and the
President shall be their Commsnderln Chief
when cslleas inte sthe service 81 the United
States, "the appointment of officers aud the
to the ~ aaa e. s ssS
prevent the army from Becoming q part Or the
machinery of Government or an instrument of
civil ADMINISTRATION or posse, or a police
power-in word, to confine it as nearly as
L. 49,
the armedo mics Of The country, the tonsts2
tuition gave Congress the power ito provide for
calling out the militia to execute the laws of
the United States.
These are the wise constitutional provisions
Laws and habitudes made in pursuance of
their letter and spirit governed the use of the
army for more than seventy years The war
came, armies we're raised and used, the people
became accustomed to the exactions OF the
military power, the commanders came to love
it In the border States 4 speak more conf
IDENTIFY as to kentucky because | happep
to know about it=-tlle military power was used
for every purpose, without shadow of authori-
ty of law, The military commanders, by.
special orders, defined the qualification OF
voters, defined the duties of judges OF cleo
ton, ordered them not to receive the votes of
certain classes whom the constitutions and laws
declared were qualified to vote and not to per
init certain candidates to to Tated for whom
this same constitution declared to be eligible.
and sent troops to the polls TO enforce the exc
oution of these orders. Remember these
things were done at the Stateelections for State
officers. We know full well that on one coca
eion, within four days of an election in a warm
party contest, the commanding officer forbade
the Democratic nominee to be q candidate for
the Jndgeship on the Court Of Appeals, and or
dered the judges of election not to receive
votes for him. If il be said that Kentucky was
disturbed, and many of her citizens were
favorable W the Rebellion, the answer is plain,
that, If tbere was peace enough to have an cleo
ton at al, there was peace enough TO have
free and legal election.
These events produced the law of 1865. 1t
prohibited many of the wrongs complained of,
and forbade the use of the army at elections
except, among other things, "to Keep the peace
at the poilsp No argument could induce the
Republicans to leave out those words. Under
that clause every evil has crept in, Troops
have beenused as a posse; troops have been
stationed for the purpose Of intimidation over the
country. They were sent with Butler to New
York; they~were kept handy for use in tine
State Houses of South Carolina and Louisiana;
they were put at the beck of every Deputy
Marshal, and when There was danger of a
Democratic Legislature they were sent to drag
members from the legislative halls of New
Orleans. At the extra session of Congress the
Democrats sought to repeal this clause. 1t was
demonstrated by history of fourteen years
that the troops were never needed TO keep
peace at the polls; that they were never called
on for that purpose: that the pretense was
used that troops in squads and companies
and regiments might be stationed IN the
proper localities, subject to the call of Deputy
Marshals, 10 obtain partisan advantage II
was the same old story taught by all phloso-
ply, by all experience, by all the instincts
and impulses of human nature. The Demo
Gratis sought to repeal the law; they appealed
TO the constitution, to the traditions of the
fathers, TO the philosophy of ouraipstitut;ous,
to the experience of the world
We were met with the assertion that we de-
sired to encourage turbulence at the polls to
strip the administration of legitimate power.
The President adopted the suggestion, and ve-
Mark the bill exactly 1t left the President
the power to use the army anywhere, every
where, at any election, whether general or spe-
cial, to repel the armed enemies of the coun-
try; to suppress instruction; to resist and
crush rebellion. 1t only prevented him. in
time of peace and tranquility. from taking
bodies Of troops to the polls under the pre-
tense of preventing men from fighting or
crowdiDg. around the ballot boxes. He might
have all the focks and herds on the royal
lamb Of the people 4 impute to the Presi-
dent no bad motive. know him too we'll to
asperse his personal character. l believe no
more patriotic men exist than our army. 3To
keep the peace at the POLLS" even by this
President and by this army! That would be
the peace that the wolf keeps among the lambs
That would be the peace OF the DESERT! That
would be the peace which the armies of France
kept when the people voted for the empireI
That would be the peace which Rome enjoyed
when the candidates bought the election to the
imperial throne from the legions! That would
be the peace of all voting on the side OF the
soldiers.
The presence Of such power is incompati-
BILE with the freedom of elections. It will over
power strong people; it will seduce weak
people; 1t will mold corrupt and debauched
people, But in either event free election 10 de-
stroyed. The power of the army is force; its
life is absolute command and implicit Obedi-
ence It's weapons are sword and musket Its
methods are despotic. In the atmosphere Of its
presence and protection reason, judgment,
free choice-the very element and substance OF
election--cannot breathe, refuse to i've No
free Government has ever permitted troope to
be used at the polls. Every Government which
has tolerated their presence there has ceased to
be free, NO, matter under what pretext; no
matter for what avowed or real purpose; the
res ult has been the same. Rome existed as q
republic for 500 years. her armies conquered
the world; her Consular elections were annual |;
her Consuls commanded her armies. By law
of the republic the armies we're prohibited to
approach the sacred circle of the city at the
time of IN election Cesar returning from
Gaul Ted his legions1ac ross the Rubieon under
the rretense of saving the order OF the city, or
ouellng domestic turbulence Fof keeping the
peace at the polls, and in fifty years the en-
pre superseded the republic, and the army sold
the imperial crown. France has made the
army an instrument Of civil administration All
the Latin race has, in the Old aud New World,
followed the example, and orderly, free
government has nowhere long existed
among them. England learned this lesson