The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-17
Questions and Answers.

A respected correspondent submits GER
tain interesting questions which we print
as follows, with our replies:
Il Was the employment Of the army by GRANT. the
call OF Mr.. CnANpLrR. IN connection with the Return.
ng Boards In Florida, South Carolina and louisiana per
nittcd by the law
Ill Was the massins Of troops in Washington and put
ting the capt al OF the nation virtually siege
IN accordance with law
l. The appointment OF electors OF Prcsi-
dent and Vicc-Presidcnt is left expressly
and exclusively TO the States. A popular
election for that purpose is prominently n
state affair, and for special reasons our
fathers dccrcod that the Federal Govern
ment should have nothing TO dow with it. The
Returning Boards were, or ought TO have
been. part OF the machinery Of certain States
to ascertain the will Of the pcoplc-that Is,
to count and certify their votes. In Lou
isiana and Florida they were used by u set
Of conspirators, who controlled a majority
81 tho members OF the Boards, not to count
the votes but 20 throw out votes, and TO
fraudulcntly and corruptly make and ccr-
tify false result. But until the electoral
votes were actually cast and sent to the
Vice President at Washington, no officer of
the United States had any lawful business
with or concerning them. II these Return
ing Boards or any other officers Of the State
should be opposed in the performance OF
their duties by n force which the power Of
the State was insufficient TO overcome. then
the United States might be invited in; but
only In n manner which is rigidly prescribed
by the Constitution. namely: "Ou applica-
tiOn Of the Legislature, or OF the Executive
when the Legislature cannot be convened"
Except on these conditions no portion Of
the Federal army can be used for the pur-
pose mentioned. 1t will be observed by our
correspondent that the Constitution indi-
Gates tho Legislature first, and then the
Executive. as the persons or powers who
may "call for troops" but It says moth
ing about MIR. CHANDLER. and we are
clearly OF opinion that the President has no
right to move the army around the country
on his call for the supervision OF State
elections
II section zoos Of the Revised Statutes Is
to bc construed as authorizing the employ
mcut Of troops TO keep the peace at the
polls" except upon n call Of the state
authorities as above. the act is unconstitu-
tional and void. The words quoted, how
ever, are merely an exception to the rule
enacted by the statute. mo officer shall
have any troops except 10 keep the
peace Mt the polls" These words are no
authority for such employment Of troops.
And the authority could Ice given only 10y u
plain aud positive enactment, which should
be repugnant to no portion OF the Constitu-
tion. But, TO avoid controversy and remove
temptation from n weak, wicked, or igno-
rant President, and, above ALL To wipe away
from the book Of our laws the shame of such
an unrcpublican provision, legally mop
erative as it must be, the section ought TO
! be repealed, as in the bills recently vetocd.
IL. The President had right to order to
! Washington as many soldiers as he saw fit,
provided he ordered them there for IA lawful
purpose. II his object was 10 put the capt.
tai Gin n state of siege" and overawe the
Congress by show of armed force, his pur-
pose was not lawful, and he was guilty Of Il
high crime, for which he ought to have been
impeachcd and removed.