The Leavenworth weekly times., 1879-05-15

for the employment oil military force at
elections is not doubtful. No intimidation
or coercion should be allowed to control or
influence citizens in the exercise OF their
right to vote, whether it appears in the
shape OF combinations OF evil-disposed per
sons or Of armed bodies OF the militia Of 8
State, or of the military forces OF the United
States. The elections should be free from
all forcible interference AMI as far as prac-
ticsble from all apprehension OF such inter-
ference. No soldier, either OF the Union or
of State militia should be present at the
polls 10 take the place or perform the du-
ties of the ordinary civil police force.
There has been aud will be no violation Of
this rule under orders from me during this
administration. But there should be no
denial of the right of the National Govern
ment to employ its military force on any
day and at any place in case such employ
ment Unnecessary to enforce the Constitution
and laws of the United States. The bill be-
fore me is as follows:
THE BILL.
'Be it enacted SC, That it shall not be
lawful to bring to or TO employ at any
place where a general or special election is
being held in any State, any part OF the
army or navy of the United States, unless
such force be necessary to repel armed enc
mics OF the United States or TO enforce
section four. article four of the Constitu
ton OF the United States, aud laws made in
pursuance thereof, on application OF the
Legislature or Executive OF the State
where such force is to be used; and 20 omuch
of all laws "a Ia inconsistent he!e With IL
hereby repealed"
IT WILL BE DESERVED
that the bill exempts from the general pro-
hibition against employment OF military
forces at polls two specific cases. These
exceptions recognize and cOncede the
s0uudness Of the principle that the military
force may properly and cOnstitutionally be
used at the place of elections when such
use il necessary to enforce the Constitution
and laws, but the excepted cases leave the
prohi ibitiou so extensive and lar reaching
that Its adoption will seriously impair the
efficiency Of the Executive department Of
the government. The first act expressly
uthoriziug the use Of the military power
to execute the laws was passed almost "a
early as the organization OF the govern
ment under the Constitution, and was ap
proved by President Washington, May 81,
1892.
THE FIRST AUTHORITY.
1t is az follows:
SECTION ,. And be it further enacted,
That whenever the laws Of the United States
shall be opposed, or the execution thereof
obstructed in any State, by combinations
too powerful to be suppressed by the ordin-
ary course Of judicial proceedings, or by
powers vested in marshals by this act, the
same being notified to The President Of the
United States by an associate Justice or
district judge, it shall be lawful for the
President Of the United STATS 10 call forth
the militia OF such State to suppress such
combinations and to cause the laws to be
duly executed, and If the militia Of q State
where such combinations msy happen shall
refuse or be insufficient to suppress the
same, it shalt be lawful for the President,
If the Legislature OF the United states
be not in session, to call forth
ard employ such members OF militia OF any
other states most convenient thereto "a may
be necessary until the expiration OF thirty
days after the commencement az the ensue-
ing session"
In 1875 this provision wa substantially
TS-tDdCttu III = Jaw NI4Ai s'NAANN AhaN eSA
of 1892. In 1907 the following act became
the law by the approval Of President JET
fersor:
ANOTHER
"That in all cases Of instruction on OBJ
-truction to the laws either of the United
States or Of any individual State or Terri
tory, where it IL lawful for the President OF
the United States to call forth the militia
for the purpose Of suppressing such insur-
rectiop, or OF causing the laws to be duly
it shall be lawful for him 10 EN-
ploy for the samsspurpOses such part OF the
land or naval force as shall be judged
necessary, having first observed all the
prerequisites OF the law in that respect"
BY THIS ACT
it will be seen that the scope of the law Of
1875 was extended 20 zs to authoriz. the
Government TO use not only the
militia but the army and navy Of the nited
States in causing the laws to be duly exc
cuted. The important provision Of the
acts of 1892, 1875 and 1870, modified in its
terms from time to time to adapt it to ex
isting exigercies, remained in force, until
By an act approved by President Lincoln,
July %, 1851, it was re-enscted suhstan-
tally in the same language in which it il
now found in the Revised Statutes. viz
. $ ction 529S. Whenever, by reason Of un-
lawful distractions, Combinations, or assem-
blsges of persons, or rebellion against the
of the Government Of the United
States, it shall become impracticable, in the
Judgment of the President, to enforce by
he ordinary course Of judicial proceedings,
he laws OF the United States within any
State or Territory, it shall be lawful for the
to call forth the militia Of any or
al States and to employ such parts Of the |
and and naval forces of the United States
IS he may deem necessary 10 enforce the
sithful execution Of the laws of the United |
States, or TO suppress such rebellion, in |
whatever State or Territory thereof the
avs of the United States may be forcibly |
opposed or the execution thereof forcibly |
Instructed"
HIS ANCIENT AND FUNDAMENTAL LAW
lss been in force from the foundation Of the |
government. 1t is now proposed to abro-
,ate it On certain days and at certain |
,iaces.
In my judgment no fact has been pro-
|uced which tends to show that it ought TO |
e repealed or suspended Tor a single hour,
{ any place in any Of the States or Terri
pries Of the Union. All the teachings of |
xpssienes in tie couse Of our histoRy srs
, fnvue q snstsining its eGcisaey 1afn-
oi1o4 On ovuy Gce1fno - ~
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