Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-04-30

Of the freedom Of elections, and m open defiance
Of the laws and constitution Of this kingdom /.
The high bailih was taken into custody BY order
Of the House, and the three matistrates whs
signed the order were brought TO the bar and
reprimandod by the Speaker, upon their knees
as the House had directed and after this the
House passed vote Of thanks to the Speaker
for his reprimand of the deinquents, aud direct
ed the same to be printsd.--BrigAay's Leapins
Ca'e' on Elections, 6O3, 60i.
Sir, this right, thus vindicated, is q
part OF our system. These privileges
are part Of our own free liberties
They come TO us with the system oi
laws under which we live. Thcy be.
long to us as an integral part OF our
system of free elections, and we would
be false to our highest duty if we
should fail to protect them and assert
their existence. now quote from
McCrary on Elections, section 418.
He says:
There can, however, be no doubt bat that tho
law looks with great disfavor up on any thing like
an interference by. the military with the freedom
Of an election. An armed force In the neghbor-
hood Of the polls is almost of necessity menace
to the voters, and an interference with their free
dom and independence, and II such armed force
be in the hands Of or under the control Of the
partisan friends of any particular candidate or
SGT Of candidates, the probability Of improper
influence besomes still stronger.
This proposition does not stand
alone on the thought of taking out OF
this section the authority for the
presence of armed troops at the polls
under Federal law, but IT goes beyond
this and finds its reasons and its root
in the right of the States to control
this subject entirely. The control of
free elections, the guarantee for their
existence, docs not belong to the FEEDER
al Government it belongs to the estates
themselves and always has belonged
there. The constitution OF almost every
State in this country contains in its
bill OF rights guarantee Of free elec.
tions. The States controlled the fran.
chise. With them, both before and
since the formation of the Constitu-
ton, was vested the power and the
right to guard the purity and the free
dom Of elections.
Letthe Senators from New England,
and the Senators from the great West,
and the Senators from the Middle
States and tho South take up the bills
of rights Of their respective States
and see what Is guaranteed In nearly
all Of them the guarantee is that all
elections shall be free. Here is the
capitalization of the doctrine that
comes to us from the time of Edward l.,
which found voice in the time Of Charles
and George IL, and is now one
of the privileges and rights Of this
people. In Pennsylvania, as long as
1903, its rulers enacted this statute:
No body of troops, being regularly employed
In the Army Of the United States or OF this State,
shall appear and be present, either armed or un-
armed, at any place Of election within this State,
during the time Of said election.
This wholesome provision was re.
enacted in 1889, and it is now a part
of the law of that Commonwealth
Tho enactment of this law followed
the time of the alien and sedition law
The necessity had come for the people
to enact it. Jefferson was in power
here, his party was in control in that
State, and public sentiment found vent
in the statute that protected at the
polls the citizen from armed interfer-
ence or control in any way by Federal
or other troops, New York crys-
tallized this right in her statutes
as early as 1878, and prohibited the
military from appearing or exercising
on election day, or during ten days
preceding it; and the same is the law
in Wisconsin. Massachusetts, Maine,
New Jersey, and Rhode Island forbid
their militia from parading on cleo
tlon day, and imposed penalties for its
violation. Virginia, by her constitu-
ton, exempted the voter from military
service on election day, and denied the
franchise to every non-commissioned
officer and private in the United States
Army or seaman or marine in the
United States Navy, while Maryland
prescribed that no officer should muster
or march any troops within wow Of
the polls on election day.
! take the constitution Of Pennsyl-
vania of 1878 and | read from the bill
of rights;
Elections shall be free and equal; and no
power, civil or military, shall at any time inter
fsrs to prevent the free exercise Of the rights Of
suffrage.
This is embodied, too, in the consti-
tutions of Colorado and Missouri,
enacted since, almost in word and lot.
ter EtII
But, sir, the Federal Constitution
has not syllable on this subject.
Neither in its main provisions nor in
the original amendments which Sc
cured the liberties Of the people is
there one word upon the subject OF
free elections. The Federal Govern
ment had no control over the subject ;
and they did not attempt to assert any
right in reference to it, The control
of elections and the guarantee for
them belonged to the States there II
was vested and there it is TO remain.
Prior to 1864 the only attempt at its
control here was when John Marshall,
in the House Of Representatives, in
the year 1900, under the elder Adams,
reported statute giving TO the Fed
eral Government control Of elections
so far as to prevent armed interier-
ence at the polls but when the meas.
ure came to the Senate it was defeated,
II failed because the Federal Govern.
ment had no control over il. There
was no dream, no thought, Of exercis.
ing this right by the Federal Govern.
ment until it was done under the pow.
or in the border States in 1S62-'63--
GA. Troops were then placed at the
polls for the alleged protection Of what
was claimed TO be the rights OF 80
called loyal men there. The first ex'
ercise Of this right by tho Federal
Government was under the war power
Ii did not come from any grant from
the people or the States, but solely and
exclusively from what was claimed as
a war power, and like many others Of
the same character, force was its es-
sential element To escape from this
and TO restore to the people that which
they had never parted from with theii
own consent the act Of 1865 was in'
troduced at the close Of the war by
Senator Powell, of Kentucky. In III
original form il gave security from in
trusion and re-enacted what was the
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