The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-04-23

Whifs man before the law. and they conse.
quently cover as much ground as the cOnstttu-
this title provides for the right to make and
enforce contracts, to sue, be parties, and give
evidence; and the second section provides for
made lawfni for the president, at his own viii
laws ON these subjects, to launch the army
into any State he may choose to crush, under
sher The phrd section
of this title relates to actions at law and suits
in equity for DAMAGES by such as deem them
and laws. The fourth section treats treats
of a and to hons oee
second, to deter witnesses from testifying in
any United States court, to influence grand or
defeat the due course of justice; and, third, to
deprive any class OF persons of the equal pro-
Voting Tor the candidate OF his choice. The
section concludes by giving right of civil
suit for damages to any one conceiving him.
sections follow of intricate and diversified
character, but have cited enough to show the
vast and sweeping scope of the duties devolved
on the army and navy by virtue of section
,gS9, and the absolute supremacy of one-man
power there created. Under the wide and uni
versa1 provisions of the civil rights title,
which we are now considering, there is not a
phase in human affairs wherein the army and
navy of the United States can not be called by
the executive 10 prevent or to enforce the ex-
ecution of some act by individuals, States and
Territories section 1859 contemplates the
military control OF elections not only, but OF
everything else that belongs 10 the states,
Territories, counties, cities, and every other
the constitution Of the United States By
that instrument, section four article four, the
extent OF the power OF the Federal Govern
ment to send troops to a State is defined:
1.-THE United States shall guarantee to every
State in this Union a republican form of gov
eminent, and shall protect each of them
Legislature, or of the executive, (when the
Legislature can not be convened) against do
mestfc violence
This short and pregnant sentence marks the
boundaries, as understood by the fathers. be-
in regard to the character and enforcement of
State constitutions and laws. There has been
much confusion of ideas and the widest vaga-
ries of construction growing out OF this clause
of the Federal constitution, and especially in
relation to that part of 1t which guarantees to
every State republican form of government.
have heard 1t commended in debate in Con-
gress that by virtue OF this power OF guarantee
the Federal Government could unseat men,
bers OF a State Legislature, annul laws OF their
enactment, direct other members TO be sworn
In, and other laws to be enacted, and in a gen.
eral and in an especial manner take charge of
all local interests. All this, too. was to be up
held and enforced by United States military
authority If necessary. Sir, may It not be well
to understand exactly what IL is that the Fed
eral Government is called on to guarantee to
the States? A republican form of government
Is something easily defined. The term 'repub-
derived from the two Latin words, res" a
thing, an affair, and "publica." public, mean
Ing a public affair in which all have a common
interest, in which there is neither royalty nor
rank fixed by law. Webster defines republic
can form of government TO be:
"a State in which the sovereign power is
exercised by representatives elected by the
people; commonwealth"
Taking this as the true meaning of the ex-
preston used in the Federal constitution, and
we have no difficulty in understanding that
when State has frame and adopted a consti-
harmony
it, the Federal Government has no more
power to interfere with or send armed forces
ton to resist invasion or to suppress domestic
violence, than the State has 10 assume the
functions of the Federal Government. II the
Legislature of q State should pass laws repug-
nant to the constitution or the laws of the
United States, whcih together with treaties are
the supreme law, the courts are charged with
the duty OF arresting them. If riots break out
at elections, or on any other occasion, beget-
ting domestic violence which the state can not
put down; or If invasion occurs, and the State
calls for assistance in the manner prescribed
by the constitution, then and only then can
its it's relief in u martial array. A con- n
trary doctrine to this, the doctrine con-
tanned in,the section under discussion changes
from Republic to a consolidated military des-
potism, governed in all Its parts and details
t ~ the army and navy at the sole behest tb OF
United States. There is no more escape from
this conclusion than there is from the EVIL
morning and darkness the night. By this
section the president is left TO determine
everything, and TO execute without restraint
from any quarter his arbitrary conclusions.
He may declare 1t necessary to aid in the ex-
ecution OF judicial process with the army in
not. He may declare any city Of over 10000
Inhabitants, or any county or parish in the
United States, in a state Of Instruction, sta.
ton troops in them, proclaim martial law and
cut them off from all communication with
other parts of the world.
But there remains one more section author
izing the use of the army and navy to subvert
free elections which demands our attention.
turn to it, 1 confess, with feelings of repug-
nance. It completes the degradation of that
army and navy whose fame and glory fill the
whole earth. 1t shows to what base uses the
heroes of a hundred battles may be put by the
vaulting ambition OF radical partisans. 1t is
section 1884, and it reads as follows:
1.-THE commissioners authorized to be ap.
Within sheT to
point in writing, under thter hands, one or
more suitable persons, from time to time, who
cess as the commissioners may issue in the
lawful performance of their duties. and the
persons SO appointed shall have authority to
summon and call to their aid the bystanders
or posse comitatus Of the proper county, or
such portion OF the land or naval forces of the
essary to the performance of the duty with
which they are charged; and such warrants
shall run and be executed anywhere in the
State or Territory within which they are is
sued"
: The warrants or other process mentioned in
this section, and which the commissioners
may issue. are such as are provided for the
arrest and intimidation OF voters before cleo
lions on election day, and afterward. They
are such as are contemplated in chapter OF
the title "Crimes," on witch / have already
commented. We behold, therefore, by virtue
of this most amazing section, the army and
navy of the United States, not placed under
the command of the president or such person
as he may empower, presumably an officer OF
high rank and character, to regulate and con.
troll elections, but ordered to obey the sum
mon and call" of the lowest agents, and, nat
urally, the viest instruments of this whole
pernicious business. Let us pause and
look for moment at the scene which is here
provided for. The circuit courts of the United
States and the district courts of the Territories
are authorized by section ,9S3 to increase the
number of commissioners from time to time
as to afford a speedy and convenient means
for the arrest and examination of persons
charged with crimes against the election laws
until the whole land shall swarm with com
missuoners bent on the success OF their party
Then these commissioners, appointed for 6
political purpose, are empowered In every
county in the United States to appoint one OF
more persons whom they may deem suitable
to execute their process and carry out thei
a.x1 sxx. -