.
It is enough to say that these different kinds and sources of evidence
have left no doubt whatever in my mind that intimidation has been used,
and actual violence, to an extent requiring the aid of the United States
Government, where it was practicable to furnish such aid, in South
Carolina, in Florida, and in Louisiana, as well as in Mississippi, in
Alabama, and in Georgia.
The troops of the United States have been but sparingly used, and in no
case so as to interfere with the free exercise of the right of suffrage.
Very few troops were available for the purpose of preventing or
suppressing the violence and intimidation existing in the States above
named. In no case, except that of South Carolina, was the number of
soldiers in any State increased in anticipation of the election, saving
that twenty-four men and an officer were sent from Fort Foote to
Petersburg, Va., where disturbances were threatened prior to the
election.
No troops were stationed at the voting places. In Florida and in
Louisiana, respectively, the small number of soldiers already in the
said States were stationed at such points in each State as were most
threatened with violence, where they might be available as a posse
for the officer whose duty it was to preserve the peace and prevent
intimidation of voters. Such a disposition of the troops seemed to me
reasonable and justified bylaw and precedent, while its omission would
have been inconsistent with the constitutional duty of the President of
the United States "to take care that the laws be faithfully executed."
The statute expressly forbids the bringing of troops to the polls
"except where it is necessary to keep the peace," implying that to keep
the peace it may be done. But this even, so far as I am advised, has not
in any case been done. The stationing of a company or part of a company
in the vicinity, where they would be available to prevent riot, has been
the only use made of troops prior to and at the time of the elections.
Where so stationed, they could be called in an emergency requiring it by
a marshal or deputy marshal as a posse to aid in suppressing unlawful
violence. The evidence which has come to me has left me no ground to
doubt that if there had been more military force available it would have
been my duty to have disposed of it in several States with a view to the
prevention of the violence and intimidation which have undoubtedly
contributed to the defeat of the election l
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