Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-09-22
constitution were so jealous of the military power
that they made it absolutely tho creature Of Con-

viz hocIly VI people, constitution
lully provided that even Congress should make enc
appropriation OF money to that use for longer term
than two years."
TO guard still more carefully the use of the mill
ay power the constitution declares that while Con.
gress may 'proride for organizing, arming aud
ahiseipining the militia, and the President shall be
vice Of the United States, the "appointment Of Off
GERS and the authority of training tho militia are re-
served to the States respectively. And still further
to prevent the army from becoming part of the
chnery of government or an instrument of civil ad-
ministraton, or posse or police power-in word,
to conine 1t as nearly as possible to the single,
| simple duty of lighting the armed enemies Of the
country, the constitution gave Congress the power
ITO provide for calling out the militia to execute the
lava of the Union.'
These are the wise constitutional provisions Laws
and habtudes made in pursuance OF their letter and
spirit governed the use OF the army for mere than
| seventy years. The war came. armies were raised
and used, the people became accustomed to the ex-
actions Of tho military power, the commanders came
to love it. In the border StatesI speak moro con-
hdently as to Kentucky because happen to know
aboutitthe military power was used for every pur-
pose, without shadow of authority oflaw. Thu mil
itary commanders by special orders, defined the
duties of judges OF election, ordered them not to
receive the votes of certain classes whom the const-
tuition and laws declared were qualified to vote, and
not 10 permit certain cand dates to be voted for
whom the sama constitution declared to be eligible
and sent troops to the polls to enforce the execution
of these orders. Remember these things were done
at the State elections for State officers. We know
full We'll that occasion, within four days of an
election, in a warm party contest, the commanding
officer forbade the Democratic nominee to be can
didate for the udgeshlp Of the court of appeals and
ordered the judges of election not to receive votes
for him. If it be said Kentucky disturbed, and
many of her citizens favorable to the rebellion
the answer Is plain, that if there was peace enough
to have election at all there peace enough to
have free and legal election.
These events produced the law of 1865 It prohib-
tied many of the wrongs complained Of and forbade
the use of the army elections except among other
n kap n ha mol 10
ment 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
stat oned for the purpose of intimidation over the
country. They were sent with Butler to New York
they We're kept handy for in tho State-houses of
South Carolina and louisiana they were put at the
beck of every deputy marshal, aud When there was
danger of Democratic legislature they were sent to
drag members from the Legislative halls of New Or
leans. At the extra session Of Congress the Demo-
Gratis sought to repeal this clause. 1t was demon
srated by history of fourteen years that the troops
were needed to keep peace at the polls; that
they never called on for that purpose; that the
pretense was used that troops In squads and compa-
MES and regiments might be stationed in the proper
loca tiles, subject to the call of deputy uarshas to
obtain partisan advantage. 1t the Old stoey
taught by all philosophy, by all experience, by all the
instincts and impulses Of human nature. The Demo-
Gratis sought to repeal tho law they appea ed the
constitution, to the traditions of the fathers to the
ph'loso ny of our Institutions, to the experience of
the world.
We met with the assertion that VIC de-
sired to encourage turbulence at the polls, to strip
the administration Of legitimate power The
President adopted the suggestion, and vetoed the
bill.
Mark the bill exactly: 1t left lie President the
power to uso the army anywhere, everywhere at any
election, whether general or specia +, to repel the
armed enemies of the country; to suppr So nsurrec
ton; TO resist and crush rebellion 1t only prevent
cd him, in time of peace and tranquility from taking
bodies of troops to the polls under the preense Of
the 6aot.boSes. He might have ali the iiocks and
herds the royal denesnes, but heart coveted
this little eve lamb of tho people. I impue to the
asperse his personal character. believe no more
patriotic men exist than army ''To keep the
peace at the polls even by this Prcsidene 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 tho
armies of France kept when the people voted for the
joyed when the candidates bought the election to the
imperial throne from tho legons! That would be
the peace Of all voting on the side of tho soldiers
The presence of such power is INCOMPATIBLE
with the freedom Of elections. 1t will oycrpoyer
strong people; it will seduce weak people; it will
mold corrupt and debauched people. But In
either event free election is destroyed. The power
OF the myis force; its life Is alb .oute command
and implicit obedience. Its weapons are sword and
musket. Its methods are deapo ic. In the atmos-
phere OF its presence and protection reason, judg-
mont, free choice: the very element and substance
of election: cannot breathe refuse to live. No free
government has ever permitted troops to be used at
the polls. Every government which has tolerated
their presence there has ceased to be free No mat
ter under what pretext; matter for what avowed
or real purpose; tho. result has been tho same.
komo existed as republic for five hundred years,
her armies conquered the world her consular cleo
tons were annual, her consuls commanded her ar
mics. BY law of tho republic the armies we're
prohibited to approach the sacred circle of tho city
ut the time Of election. Caesar returning from
0aull led his leglons across the Rubicon under tho
pretense OF saving the order of the city uuelling
domestic turbulance, "of keeping the peace at the
po,ls and i'll fifty years the empire superseded the
republic, aud the army sold tho imperial crown
Franco has made the army an instrument of civil
administration. All tho Latin race has, in the old
and new world followed the example, and order y,
free government has nowhere long existed among
them. England learned this lesson long ago. For
centuries no armed soldier has been permitted near
the polling places, if the peace were broken,
The sheriff OF London summoned the iuries and held
the Issues OF property and life in their hands Their
power was so great that oftentmes the chiefs of the
parties sst In council anxously awaiting the results
of the election as the token Of their safety for an
other year or OF the necessity eff instant flight from
the country. Tho turbulence was great. London
was convulsed by riotous mobs and the excuses of
armed bands, and yet wisely carbing the impulses of
the moment the statute of 1885 recited that by the
common law, by the statutes of Edward l., by the
usage .ud ana 10, practice OF the realm,
enforced the prohibition. When, few years after
ward, troops were used to quell riot at Westnn-
ster election, with uncovered heads and Bonded
knees tho Offenders received tho censuro Of the
house of commons. Within q month"; when tho CITY
of Quebec requested the presence of regiment to
preserve its peace, the encouragement refused.
He said well regulated police, not o part of the
army, must keep tho peace of the community, Eng
land, to-day is the freest government In the world
except our own. soldier cannot enter the hall of
tho commons with his UNI orm and arms,
Our Declaration of independence is the protest in
behalf of civil liberty immortal in history. 1t will
gather glory throughout all the ages Invoices the
whole spirit of freedom. 1t exalts the individual in
hiO iy,p1tn 1Nn ri,vhI
In defining It's just purposes and powers. 1t was
evoked by the wrongs our fathers suffered.
He has refused his assent to laws the most
wholesome and necessary for tho public good"
"He has kept among us in tino of peace standing
armies without the consent OF our legislature
"iie has affected to render The military indspen-
dent or and su, erior to the civil power.'
"Hs has deprived us, in many cases, Of tho bene-
Dts of trial by jury"
This sublime protest against outrages on civil lib
erty denounced the wrongs of which the Democrats
party complains to-day 1t stands upon the declara-
ton out of which the Republic was born. It asks
nothing which the Declaration does not demand
mat was Revolutionary document" says General
Garfield. Aye! and the Del ocratic party ia "revo-
lntionary" to that extent and further 1t teaches
the truths which the declaration announced To be
self-evident 1t demands the rights for the asser-
ton OF which our fathers lodged their lives
their fortunes and their sacred honor. The Repub-
lcan party to-day denounces these doctrines as reyo
lntionary, and inconsistent with the maintenance of
the government and the best interests of the peope
My countrymen, must adjure you to heed the
lesson of all reason, Of all history? The great OK.
pertinent is in our hands to-day. We are exposed to
greater dangers from this cause than any go ern-
ment. Other governments have the king, the throne
the crown, the executive head--the emblem of ma,
Honal sovereiguty-raised above parties, welding
the vital powers of the government, and maintain
ing its form, whichever party may succeed If it
were possible at oil, such government might use
the troops impartialy to keep the peace between
the parties. Every department OF our government,
every representative of the sovereignty of the people
is in the hands of party; every element of power is
in tho hands of party; every office, and honor, and
emolument is the price of party success 1t IL mad
ness it is crime to confide to party the power of
bringing troops to the polls, where its fate is to be
decided.
SUPERVISORS AND MARsHALs.
The Republicans also maintain the neces ity OF
supervisors and deputy msrshals. They are mere
partisan eiectoneerers They are i'd out of the pub
hc money. No man IN Cincinnati no man In New
York, no man who has read the testimony taken in
eitner city or elsewhere, need be told this No NOR
VINO mas read that testimony can truhfnIlv dosv IL
And yet, when we insist on the rensaI 30 a. ,
hch Is unwise if 1t is not unconstitutional hieb
r. $50 TOT being except the advantage
gives the party Empower, by raising an unlIrnitsS
army OF partisan electoneerers at unlimited exnenso
we are met with cry of +" tates' rights" and loos
horror as If those words comprised the sum of ali
hereSies In theory and of II viainies in practice,
THE DOCTRINE OF STATES RIGHTS.
stare rights are not State wrongs. The rights Of
.ne states,as reserved and limited by the cons,,t,
ton, are as essential to our constitutional rrio -.