Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1879-05-21
WHAT TIE BILL IS.

I isi"4 III W bii VI NAhktDg ~ Ha"CN
where genera. or special election is being
held in { State or any part of the army or
navy of the United States, unless such
force be necessary TO repel armed enemies
of the United States, or to enforce section
4, article 4, of the Constitution OF the United
States and laws made in pursuance thereof,
on application of the Legislature or Execu-
tive of the State where such force is 10 be
used. end so much OF all laws as is incon-
sstent herewith is hereby repealed" 1t
will be observed the bill exempts from the
general prohibition against the employment
of military forces at the polls two specified
cases. These exceptions recognize and
concede the .ound,. ess of the principle that
military force may properly and constiiu-
tioaally be used at the place of elections
when such use is necessary to enforce the
Constitution and laws.
TIE EXCEPTED CASES.
But the excepted cases leave the proEi-
5ition so extensive and far reaching that its
adoption will seriously impair the efficiency
Of the Executive Department of the gov
ernment.
TIE MILITARY POWERS UNDER THE FATHERS.
The first act expressly authorizing the
use of military power to execute the laws
was passed almost as early as the organiza
ton OF the government under the Constitu-
ton, and was approved by President Wash
ington May ., 1892, 1t is as follows: "Sec-
ton .. And be it further enacted, that
whenever the laws of tho United States
shall be opposed, or the execution thereof
too powerful to be suppressed by the ordi-
nary course of Judicial proceedings, or by
the powers vested in the marshals by this
act, the same being notified to the Presi-
dent of the United States by an Associate
Justice or the District Judge, it shall be
lawful for the President of the United
States to call forth the militia of such State
10 suppress such combinations and to cause
the laws to be duly executed. Aud if the
militia of State where such combinations
may happen shall refuse or be insufficient to
suppress the same, it shall be lawful for the
President of the United States, If the Leg
islature be not in session, TO call ,orih and
tuploy such numbers of the militia of any
other s tate or States most convenient there
to as may be necessary, and the use eff mi
iitia so TO be called forth may be continued,
if necessary, until the expiration of thirty
ing session"
In 1895 this provision was substantially
re-enacted in a law which repealed the act
of l79o. Ia 1907 the following act became
the law by the approval of President Jeffer-
son:
THE THOMAS JEFFERSON Law.
s.Thar in all cases OF insurrection or OBJ
structlon to the laws, either ef the United
States or of any individual State or Terri
tory, where it IS lawful for the President Of
the United 5 tates to call forth the military
fo- the purpose of suppressiDg such insur-
rcction, or of causing the laws to be duly
executed. it shall be lawful for him TO en-
ploy for the same purpose such part of the
land or naval force of the United States as
shall be judged necessary, having first OBJ
served all the prerequisites of the law in
that respect" By this act it will be seen |
that the scope of the law of 1875 was ex-
tended SO as to authorize the National Gov |
ernment to use not only the militia but the |
army and navy of the United States in
causing the laws to BE- duly executed. The