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


constitution OF government.
Now, If the Senate will 20 with m,
for n while in tracing that sentiment
from that. country TO this, we shal
find it embodied in the Constitution
aud laws of the United States as wei
as those of the different States. Thor,
is not varying feature, there is no
dissenting expression, there is not ,
difference of opinion anywhere to bs
found until this statute of 1865 be
came law, as TO the mere presenc,
OF the military, whether for drill or fol
exercise or for any other purpose, moi
merely at elections, but at the time O.
holding court, at the time Of dispens
ing justice on the day of election.
Let US come TO our own country.
wish TO read where this law is sum
married. by Judge Cooley, in his worl,
on constitutional limitations. On page
GA, under the title of "freedom of elec
tions,' he says:
"To keep election free OF all the in.
auences and surroundings which might
bear improperly upon 1t, or might i'm
pei tho electors to cast their suifraget
o'nol , ~,so us .nah az tneir Judgments
mou.u M u,olh.c' ' nas aways peen u prom
,non. ooJecs I'M american iegisiation
"1 naVe i,ierreu W iuhuamentai prin'
eiP,es wnicn pro,ect the secrecy Oh the
pano., put, IN auuilioh 10 these, there
aro express CONSTITUTIONAL ana statute
y provisions looking 10 the accom-
P.'snlient VI ,ne sauae general purpose,
~ Is proviaeu oy Tue constitutions o.
several oi ,ne states tnat bribery OF an
oiec'or sna'l constitute a dlsqualihca,
'ioh Oh tne right 10 vote or 10 hoid
once onnce' me treating Oh an eiector,
sorna s,atos - an ;aS;H,.L otSi 20 - -
tenso Cour,s aro no, alIowaJ 70 10 ho
haid Co. H. go .o.a. ~. .o"uu H., ~ VI ~, ~
ne'u' ior .no 'wo reasons INA. 'ne eiec-
.ors ought 70 DO ieit iree 10 devote
tne,r attehtlon 10 tne exercise OF TINS
nlsh trust, ana that suitS II allowed
on tnat uay, might DC used as means
Oh ln'imlua'ion'
He refers there to two cases of some
prominence in the New York reports.
nIegal nrocess in soma S,a,es and
for the same reasons. is not permitted
to be served on that day intimidation
OF voters by threats or otherwise is
made punishable, and generally all
such precantions as tho neonle in Tram.
ing their organic law. or the Legisla-
turo afterwards, have thought might
be made available for the purpose have
been provided with u view to secure
the most completely free and unbiased
expression of opinion that shall be pos.
sible."
Now we come to the point here:
aAnd with n inst sense Of tho dan.
ger of military intertoronce where n
trust il 10 be exercised the b;gbcst as
well as the most delicate IN the whole
machinery Of government, it has not
been thought unwise to prohibit the
militia being called out on election
days, even though for no other pur-
pose tnhh ior enroiiihB anu organizing
them"
He refers there TO a New York case,
which | shall take occasion to cite af
ter q while.
peace of the State, and its presence sug-
gests order, individual safety, and pub.
lic security but when the militia ap-
pear upon the Stage, even though com
posed OF citizen militia, inc c'rcum-
stances must DC assumed 10 DC extra
ordinary, ana there Is Always an aP'
pearance OF threatening ana danger.
Gus compulsion wnich mBht easily
interfere seriously win Una. ca,m anu
unpass'oheu uiscnarge oi me, .ne elec'or s D
auty wnicn 'ne Jaw 20 Justly ,aVors.