The daily gazette., 1879-05-19
Soldiers ~ Elections.
From the N. Y. Sun.

In his late veto message Mr.. Hayes
says . great deal about "natiOnal cleo
tions." What does he meanp 1t might
be supposed from his language that the
principal business for which the Federal
Government had been created was to
look after the elections. But let us see.
What has Congress or the President
@ do with an election for President
Simply nothing. The Constitution says:
"Each State shall appoint, In such man
ner as the Legislature thereof may di-
rect, q number of electors"
What have they To do with Congress
sional elections Next to nothing. The
Constitution says: "The times, places,
and manner of holding elections for Sem
ators and Representatives shall be pre-
scribed In each State by the Legislature
thereof; but the Congress may at any
time by law make or alter snch reg
ulations, except as to the places OF choos-
ing Senators." Upon q strained cor
struction Of this language, giving to Con-
qress concurrent Jurisdiction with the
States, guarded and limited as it Is, is
based the whole of the Republican cleo
ton machinery, supervisors and marshals,
costings the people unknown sums, and
terrorizing and obstructing them, not
only at Congressional elections, but at
other elections which are held at the
same times and places. But nobody has
ever vet claimed that this provision OF
the Constitution authorizes the Presi-
dent to send troops to the polls aud hold
bayonet elections.
HAYES pretends to think that statute
which forbids him to order soldiers to the
polls, abridges In some mysterious man.
ner the power Of the Government to pro.
tect itself, or to execute Its laws. Now,
in Great Britain this same law is funda.
mental. No soldier or body Of soldiers
can be brought within certain distance
of anv polling place, but nobody ever
imagined that the British Government
vas weakened thereby. On the contrary
| It is strengthened, as all Governments are
strong which rest ON the assent and liv'
| In the affections of the people. The curl
Gus idea Of Mr.. Hayes will provoke
| smile of contempt among the freemen O
old England, where the appearance O
auy portion OF the army at polling plac'
| would be regarden as an act OF Treason
on the part Of the Ministry by whom i
was either ordered or permitted.
There 10 In the message . deal OF il
Logical and inconsequential twaddle abou
the laws which have, from time to time
authorized the President to employ tn
armed forces of the United States to as
sist the civil authorities to execute tn
laws. The sum of 1t all is this: Upo
the call of the l.egisl ,ture or Executiv
of any State, the President may send tn
army into that State to protect it fron
destruction from invasion or insurrection
That is all he can do in case Of resistanc
to State laws; it IL the beginning and tn
end of his power. But when the laws Q
the United States are opposed and oh
structed by combinations too powerful t
be delt with by civil authority, he ma
upon certifcation of the fact, employ tn
whole MILITARY force of the United State
to put down the insurection. But 4
both cases, whether the opposition be t
the laws Of State or of the United State
the military arm can be raised only t
overcome resistance which has reache
the shropOrtions Of insurrection or invs
sion. All else 10 . mere abuse. Blu
nowhere do we find any constitutions
power to station soldiers at the poll'
even In times Of invasion or insurrectior
That, at least, Is unlawful at at all time
and under all circumstances; an
Hayse's prstence that the right to do s
10 necessary to the due execution Of an
law of the United States is, like Haye
himself, mere fraud.