CONGRESS, UNITED STATES. 



this question when he even suggests the idea 

 of a repeal of the posse comitatu* clause. 

 Repeal, never I Now, sir, I say repeal, never ! 

 Definition, yes. The provision may be too 

 broad. It may impede the action, the proper 

 action of the Government. There may be cases 

 wherein the military power might be em- 

 ployed properly and usefully in the execution 

 of civil process. It is not for me who am no 

 lawyer to say what those cases are, but I can 

 understand that on the frontier and in the 

 Territories of the United States there may be 

 occasions when in the absence of police it may 

 be necessary to invoke the aid of the army, 

 and I do not know that even that is prohibited 

 by the clause; but if there be any prohibition 

 which interferes with the security of life, lib- 

 erty, and property, then let us define and cor- 

 rect it, and I trust it will be the work of the 

 next Congress to define when and where and 

 in what places the military power of the coun- 

 try may be invoked. Now, this work which 

 \\v have undertaken is not yet completed. I 

 ask the Clerk to read section 2002 of the Re- 

 vised Statutes." 



The Clerk read as follows : 



No military or naval officer, or other person engaged 

 in the civil, military, or naval service of the United 

 . shall order, bring, keep, or have under his au- 

 thority or control, any troops or armed men at the 

 place where any general or special election is held in 

 any State, unless it be necessary to repel the armed 

 enemies of the United States or to keep the peace at 

 the polls. 



Mr. Hewitt: '"Or to keep the peace at the 

 polls.' This statute was enacted in 1865, after 

 the close of the war. It was enacted, as a pro- 

 tection of the citizen in his right of voting 

 against military interference, that 'no military 

 or naval officer or other person engaged in the 

 civil, military, or naval service of the United 

 States, shall order, bring, keep, or have under 

 bis authority or control, any troops or armed 

 men at the place where any general or special 

 election is held.' The object was to prohibit 

 the presence of troops at the polls ; and then, 

 as if in irony which is almost sublime, the 

 words follow, ' except it may be necessary to 

 repel the armed enemies of the United States 

 or to keep the peace at the polls.' I do not 

 know who wrote that statute, but under favor- 

 able conditions he would have developed into 

 a satirist of the highest order. ' To keep peace 

 at the polls ! ' How easy is it to have a little 

 disturbance at the polls. It can be got up to 

 order, and generally without order, and then 

 the military officer may march up his troops 

 to preserve the peace; but where meanwhile 

 is the voice of the people ? Inter arma silent 

 leges. On the day of election the people are 

 sovereign. That is the day when the soldier 

 should not be seen. Moreover, it forms no 

 part of the duty of the General Government 

 to ' keep the peace at the polls.' That is the 

 duty of the States ; that is a part of the sover- 

 eign power which they kept to themselves. 

 Prior to 1865 no one ever suggested that the 



Federal Government could enter within the 

 confines of a State and ' keep peace at the 

 polls.' In saying this I do not mean to reflect 

 upon my Republican friends. The close of 

 the war, when this statute was passed, was a 

 martial era. Men still breathed a military at- 

 mosphere ; passion still reigned supreme pa<- 

 sion upon both sides. The judgment of men 

 was paralyzed. They were in no condition to 

 frame just and wise legislation. But how it 

 happens that this clause has thus far been al- 

 lowed to remain npon the statute-book passes 

 my comprehension, and I appeal to gentlemen 

 upon the other side of the House with the 

 same confidence that I do to those upon this 

 side, to help us to expunge it from the statute- 

 book as a blot on the charter of American 

 freedom. 



" If the gentlemen want to know how mon- 

 archical governments protect the liberties of 

 their subjects, let them listen to the wise and 

 solemn words of the British statute. This 

 statute which I will have read was enacted in 

 the reign of Queen Victoria. It was the re- 

 enactment of a statute passed during the reign 

 of George II." 



The Clerk read as follows : 



SEC. 2. And be it enacted, That on every day ap- 

 pointed for the nomination or for the election or for 

 taking the poll for the election of a member or mem- 

 bers to serve in the Commons House of Parliament 

 no soldier within two miles of any city, borough, 

 town, or place where such nomination or election 

 shall be declared or poll taken shall be allowed to go 

 out of the barrack or quarters in which he is stationea, 

 unless for the purpose of mounting or relieving guard, 

 or for giving his vote at such election; and that 

 every soldier allowed to go out for any such purpose 

 within the limits aforesaid shall return to his barrack 

 or quarters with all convenient speed as soon as hia 

 guard shall have been relieved or vote tendered. 



SEC. 3. And be it enacted, That when and so often 

 as any election of any member or members to serve 

 in the Commons House of Parliament shall be ap- 

 pointed to be made, the clerk of the Crown in chan- 

 cery or other officer making out any new writ for such 

 elections shall, with all convenient speed, after mak- 

 ing out the same writ, give notice thereor to the Sec- 

 retary at War, or, in case there shall be no Secretary 

 at War, to the person officiating in his stiod, who 

 shall, at some convenient time peforo the day ap- 

 pointed for such election, give notice thereof in writ- 

 ing to the general officer commanding in each district 

 of Great Britain, who shall thereupon give the neces- 

 sary orders for enforcing the execution of this act in 

 all places under his command. 



Mr. Hewitt: "It will there be seen that 

 whenever an election for members of Parlia- 

 ment takes place the soldier must disappear 

 from the scene. The people are sovereign on 

 that day ; and if a riot should break out upon 

 that day the military force could not be used 

 for its suppression. During the hours of elec- 

 tion the soldier must be within his barracks. 

 That there may be no mistake about this, the 

 Secretary of State is charged with the duty of 

 making known through the War Office that 

 an election is to take place, in order that the 

 symbol of force may retire and the majesty of 

 the people may reign supreme, at least for one 



