The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1879-10-02
VITAL ISSUES
The Army at the Polls and the
Doctrine Of State Rights.

Doctrine Of State Rights.
Eloquent Extract from q Recent
Speech by Hon. George
III. Pendleton.
The presence Of the army at the polls!
Must argue it seriouslyf Must show by
theory and reason that it is entirely incompati
ble with the freedom Of electionef Must I 60
into history and sustain the theory by tho ex
ample of every free Government which has
ever lived and died? Must show that near'y
every State in the Union has prohibited even
the mastering of the militia on the days of cleo
ton? Must / show that the trainers of our
constitution were 80 jealous Of the military
power that they made it absolutely the creature
of Congress? So
The Congress shall have power:
To raise and support armies;
To provide aud maintain navy:
To make rules for the government and regi-
lahon of the land and naval force-.
But lest even Congress- should be tempted to
use the army to perpetuate the powtr of
party or destroy the liberty of the people, the
constitution carefully provide that even Co
gress should make mo appropriation of
money to that use for q longer term than two
years"
To guard still more carefully the use of the
military power the constitution declares that,
while Congress ms ''proyide for organizing,
arming and disciplining the militia" and the
President shall be their Commander-in- Chief
when called into the service of the United
States, "the appointment Of officers and the
authority of training the militia are reserved
to the States respectively And still further to
prevent the army from becoming part of the
machinery Of Government, or an instrument of
civil administration, or q posse, or q police
power-in a word, to contine it as nearly as
possible to the single, simple duty Of fighting
the armed enemies of the country, the consti-
calling out the militia to execute the laws of
the United Statean
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 were raised and used, the people
became accustomed to the exactions Of the
military power, the commanders came to love
it. In the border States-I speak more conf
IDENTIFY as to Kentucky, because I happen
to know about 1.-THE 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 constitution and laws
declared we're qualified to vote, and not to per
init certain candidates to be voted for whom
this same constitution declared to be elegible;
and sent troops to the polls to enforce the exc
cution Of these orders. Remember these
things were done at the State elections for State
officers We know full well that on one occa-
zion, within four days OF an election In warm
party contest, the commanding officer forbade
the Democratic nominee to be candidate for
| the Judgeship of the Court Of Appeals, and or
| dered the judges of election not to receive
| votes for him. If it be said that Kentucky was
| disturbed, and many of her citizens were
favorable to the Rebellion, the answer 10 plain,
that, if there was peace enough to have an elec-
ton at all, there was peace enough to have a
free and legal election.
These events produced the law Of 1856 H
| prohibited many Of the wrongs complained of,
and forbade the use Of the army at elections
except, among other things, "to keep thepeace
at the polls" No argument could induce the
Republicans to leave out those words. Under
that clause every evil has crept in. Troops
have been used as posse; troops have been
stationed for the purpose Of intimidation the
country. They were sent with Butler to New
York; they were kept handy for use in the
State Houses Of South Carolina and Louisiana
they were put at the beck of every Deputy
Marshal, and when there was danger of q
| 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. It was
demonstrated by history Of fourteen years
| that the troops were never needed to keeI
peace at the polls; that they were never called
| e. &to% hat 1a vuoe
used that troops in squads and companies
and regiments might be stationed in the
proper localities, subject to the call Of Deputy
!. Marshals, to obtain partisan advantage. i
was the same old story taught by all philoso
| ply, by all experience, by all the instinch
Gratis sought to repeal the law; they appealed
to the constitution, to the traditions of th'
fathers, to the philosophy of our ipstitutions
to the experience of the world.
We were met with the assertion that we de-
sired to encourage turbulence at the polls, t
strip the administration OF legitimate power
The President adopted the suggestion, and We
toed the bill.
Mark the bill exactly! 1t left the Presiden
the power to use the army anywhere, every
where, at any election, whether general o. Spe
cial, to repel the armed enemies OF the conn
try; to suppress insurrection; to resist ant
crush rebellion. 1t only prevented him, il
time of peace and tranquility, from takinl
bodies of troops to the polls under the pre-
tense of preventing men from fighting O
crowding around the ballotboxes. he nigh
have all the flocks and herds on the roya
demesnes, but his heart coveted this little ew
lamb of the people I impute to the Presi
dent no bad motive. know him too well t
asperse his personal character. / believe n
more patriotic men exist than our army "T
keep the peace at the polls" even by thi
President and by this army! That would b
the peace that the wolf keeps among the lambs
That would be the peace Of the desert! Tha
would be the peace which the armies Of Franc
kept when the people voted for the empire
That would be the peace which Rome enjoys
when the candidates bought the election to tn
imperial throne from the legionsi That woul
be the peace of all voting on the side OF tn
soldiers
The presence of such power is incompah
J BILE with the freedom of elections. 1t will over
power strong people; it will seduce q wea
people; it will mold corrupt and debauche
people But in either event free election is dc
) stroyed. The power Of the army Is force; i
life is absolute command and implicit ooedl
ence Its weapons are sword and musket. II
, methods are despotic In the atmosphere of II
presence and protection, reason, judgmen
free choice-the very element and substance
, election-cannot breathe, refuse to live. N
r free Government has ever permitted troops
, | be used at the polls. Every Government wnlc
, has tolerated their presence there has ceased
be free. No matter under what prete1t; n
/ matter for what avowed or real purpose; IL
, result has been the same Rome existed as
republic for 800 years, her armies conquere
the world; her Consular elections were annua
=, her Consuls commanded her armies. BY Ia
of the republic the armies were prohibited
e approach the sacred circle of the city at IL
a time of an election. Caesar returning fro
Gaul led his legions across the Rubicon undt
!. the pretense of saving the order Of the city,
!, auelling domestic turbulence, "of keeping Il
| peace at the polls, Z" and in fifty years the en-
pire superseded the republic, and the army so
: the imperial crown. France has made Il
army an instrument of civil administration A
3 the Latin race has, in the Old and New Worl
r followed the example, and orderly, fr
a government has nowhere long exist
among them. England learned this less
y long ago. For centuries no armed soldier b
: been permitted near the polling places, ev
b if the peace were broken. The Sherifs of L
4 dopusummoned the jur1es and held the issu
. of property and life in his hands. Their pow
was 80 great that oftentimes the chiefs OF t
: parties sat in council awaiting the resu
e of the election as the token of their safe
for another year or Of the necessity Of insta
flight from the country. The turbulence "
great London was convulsed by riotous mo
. and the e1cesses Of armed bands, and y