case, it was improper that that man should be elected, since it must
be clear, that, if elected, he must owe his election to undue, if not
corrupt, influence. What! and do the advocates of corruption suppose,
that our law-makers had not this in their view? Is it to be imagined,
that they did not foresee, and, indeed, that they had not frequently
seen, that elections produced fierce and bloody battles? They knew it
well, and so did the legislators in America; but, still they allowed of
no use of soldiers. They reasoned thus, or, at least, thus they would
have reasoned, if any one had talked to them of soldiers: 'No; we will
have no soldiers. The magistrate has full power to keep the peace at all
times, not excepting times of election, when assaults and slanders are
no more permitted by law than at any other time. The magistrate has all
the constables and other inferior peace officers at his command: he can,
if he find it necessary, add to the number of these at his pleasure;
and, if the emergency be such as not to allow time for this, he can, by
his sole authority, and by virtue of his commission, which is at all
times effective, call upon the whole of the people to _aid and assist_
him in the execution of his duty, and for refusing to do which any man
is liable to punishment. Having endued the magistrate with these powers;
having given him a chosen band of sworn officers, armed with staves;
having given him unlimited power to add to that band; having given him,
in case of emergency, the power of commanding every man, of whatever age
or degree, to aid and assist him in the execution of his duty; having
thus armed the magistrate, how can we suppose him to stand in need of
the aid of _soldiers_, without first supposing the country in a state of
rebellion, in which case it is nonsense to talk about _elections_. To
tell us about the _popular prejudices_ excited against a candidate, is
to tell us of an insufficient cause even for the calling out of the
posse; but, if this prejudice be so very strong, so very general, and so
deeply rooted, that the magistrate, with all his ordinary and special