Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-06-04


ably originated in the prohibition issued
by Parliament against the entrance
OF the guards sent by Charles |. fol
theirprotection ofsurveillance. Charles
|. came to the House with guards, and
the Commons protested against it as
their journals show. When Chefles
H., in February, 1869, was accompa
MED by his guards, the incident called
forth the remark from Ralph that il
was the first instance we meet with IN
history Of sovereign entering upor
the exercise of legislative power under
the awe and influence OF the sort But
whatever might have been the reason
OF their exclusion it is clear beyond
controversy that they were excluded
and that the rule was not relaxed un.
Ill August, 1856, when they were per.
mitted Tor the future to enter the
House unarmed.
Ia. As to the presence of soldiers
at the election OF members for the
House Of Commons, the rule still is
that OF exclusion from the places oi
election save as to those having votes
and who come TO exercise their cleo
tive franchise. The right to vote and
to proceed to the election without
leave from the crown or the com.
manding officer is secured to the SOL
der by statute; and when summoned
to Parliament by order OF either House
the soldier must, as some contend,
obey the summons without leave or
order"
On page 1877 tho celebrated statute
8 George III. is referred to;
"The preamble lays down the con
stitutional rule on the this subject in
these words
| shall not read the statute, but sim.
ply the preamble, because that has not,
according to my recollection, been
read in this debate:
Whereas by the ancient common
law of this land all elections ought to
be Tree; and whereas by an act passed
in the third year of the reign of
King Edward the First, of famous
memory, it is commanded, upon great
forfeiture, that no man, by force of
arms nor by malice or menacng, shall
disturb any to make free elections
By the ancient common law of the
land, one Of the greatest and, in my
Judgment, | am ready to say the
greatest system Of laws yet known to
civilized man, all elections ought TO be
free. That is what our State Consti
tions say, every one OF them, in so
many words.
On pages 2O2 and 2O3 the same au-
thor says;
"The 20 Victoria, chapter q, car
ries out the same arrangements for the
troops at elections that, as will bs
shown in this chapter, Mr.. Windham
made for them at assizes in 1898. Thus,
by section 2, on days appointed for
nomination, elections, or taking the
polls no soldier within two miles of
any city or place where such shall
take place shall be allowed TO go out
of the barracks or quarters unless for
the purpose of mounting or relieving
guard or of giving his vote at such
election.
"ln the year 1861 exception was
taken in the House of Commons
to the presence OF volunteers in
military array at the unopposed elec.
ton of the late Lord Palmerston, and
they were prohibited on all future oc-
casions from assembling at drill or any
other purpose between the issue of the
writ and the termination Of the cleo.
ton, or during the progress OF any
municipal election.
"The exclusion OF the military forces
from assize towns during the holding
of the assizes dated from an earlier
period than the Revolution, and the
first order is probably that of Charles
H., given in the appendix"
Then, upon page 1876 and following,
the opinions Of the law officers are
given concerning these different stat
utes. In the second volume Of the
same work, under the title "Tbe ac-
tion of the military in aid of the civil
power" / find;
"After the establishment of guards
and garrisons in the reign of Charles
III. the immediate sequence was their
employment under. the orders Of the
Crown in the discharge of police du-
ties. The introduction into our civil
policy Of such an instrument OF coer-
cion was calculated TO create-as II
failed not to do--a spirit of aversion
towards the army, and Of suspicion to
wards the dynasty resting It's authori
ty upon such support
Then he proceeds to tell how that
was disposed of and set aside. On
page 1874:
"From the entries in the war office
letter.books, the bread riots in the
west Of England in. l766 appear tc
have been the first occasion upon
which the Secretary at War issued
anything like general order for the
troops TO act in aid of the civil power
without q previous reference TO him
The terms in which these instructions
were framed show that the course
adopted by the Secretary at War was
novel; bat certainly, from the de-
bates, first, on Mr.. Bnrke's motion in
1869 for an inquiry las to the employ
ment of the military in 81 Gcorge'i
field and then on Mr.. Pownal's mo
ton in ITO TO introduce a clause into
the munity bill that the justice should
make his requisition in writing, it b
evident that the authority Of the jus
tice was then fully recognized as a
sufficient Justification TO military Of
ficer for using his men in the aid O.
the civil power"
We shall come to see after whit
In celebrated case in New York thal
they did not oven protect subordi
nate officer under an order given :,
him to have his troops on election day
and exnlDlt tnem hrounu there.
"In the period which interviewed be
fore the employment Of the military II
aid of the civil magistrate again cam
under discussion, the legislature ha'
restrained the Crown from employing
the militia as military force excep
in case Of rebellion, and then only up
on n previous communication to Par
lament, IL sitting, or by order Of coun
Gil. Moreover, the power Of the Lord
Lieutenant 10 search for arms 10 &C
cure the public peace was Withdrawn
The restriction still remains, an
there Is at the present time no stat
utory authority for the disembodie
militia to act in aid Of the civil powel