CONFLICT OF AUTHORITY
The Mayor of Philadelphia and the United States Marshal.
Below will be found the complete correspondence on the subject of preserving order in Philadelphia on election day, between Governor Geary, Mayor Fox, and Marshal Gregory:
EXECUTIVE CHAMBER,
HARRISBURG, Oct. 10, 1870.
His Honor Mayor Fox, Philadelphia:
It is rumored that you will have trouble in your city at the polls tomorrow. Do you apprehend difficult7? Are you prepared to meet any emergency? If not, call on me for such assistance as you may require. The laws must be executed, and the peace of the city maintained. Answer to the above.
(Signed) JNO. W. GEARY.
EXECUTIVE CHAMBER,
HARRISBURG, Oct. 10, 1870.
To Major General Edgar M. Gregory, 101 [?] South Third [?] Street, Philadel,phia:
In order to meet any possible emergency requiring troops tomorrow, I and the civil authorities, have the necessary number ordered to be in readiness [?].
(Signed) JNO. W. GEARY.His Excellency Governor Geary:
I do not apprehend difficulty. I expect the election to pass off quietly. I have, however, made, as I believe, such arrangements as will meet any emergency. Should trouble occur of any serious character, which I do not at present regard as likely, I will at once apprise you. With many thanks, I am yours,
(Signed) DANIEL M. FOX, Mayor.OFFICE OF THE MAYOR OF CITY OF PHILA.,
PHILADELPHIA, Oct. 11, 1870.
E. M. Gregory, Esq., United States Marshal for the Eastern District of Pennsylvania:
SIR: I have been informed that you have appointed a considerable number of Deputy Marshals said to be for the preservation of the peace during the election hours today, of which I have had no official notice other than what I have heard upon the streets. Of this I do not at present mean to say more than merely notice the fact, but another feature has been presented to me which I could scarcely realize until I witnessed it myself, to wit: A large body of armed men in the United States uniform, with muskets and bayonets fixed, parading our streets. Upon inquiry at your office, I was told that they were marines, brought here from the United States naval station at this port, upon your official order or request, to be kept here during today's election.
I look upon this fact as a serious outrage upon the authorities of Philadelphia, and believe their presence is calculated to provoke excitement, and possibly bloodshed.
I protest against the introduction of armed men, except in due form of law, into the city of Philadelphia, with any such object as that stated, and ask that you will look at Article 4 Section 4 of the Constutition of the United States, which reads thus:
"The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Executive, when the Legislature can not be convened, against domestic violence."
I, sir, am the chief magistrate of the city of Philadelphia, charged with the preservation of the public peace, and no man has a right to intervene until I, deciding myself unable to preserve the peace of the city, apply to the Chief Executive of the Commonwealth of Pennsylvania, upon whom must then devolve the responsibility, if the power of the State is inadequate, of appealing to the President of the United States for Federal intervention.
I beg leave to remind you, sir, that this city is in a state of profound peace, and that its ordinary police force has been found fully adequate to the preservation of the public peace. And I beg leave, also, to remind you that I have just returned from visiting the place in which you supposed disorder to exist, and only to find that peacefulness, quietness, and good order prevailed there, as was apparent to myself.
As Chief Magistrate of Philadelphia, I demand the instant disbandment of this armed force. Respectfully,
DANIEL M. FOXMayor of Philadelphia
OFFICE OF THE MAYOR,
CITY OF PHILADELPHIA, Oct. 11, 1870.
His Excellency, Hon. John W. Geary, Governor of Pennsylvania:
SIR: Without any necessity existing for such an action, and without the slightest disturbance to afford a pretext for it, the city being perfectly quiet, United States Marshal Gregory has taken possession of a poll in the city with a force of United States marines, under Lieutenant Colonel Forney, and interfered with an election legally held and peacefully conducted. I am amply able to maintain the peace of the city without any such unlawful interference, and I have entered my official protest against this outrage, and have demanded the immediate disbandment of these troops. Of this unwarrantable infringement upon the rights of out State, and particularly of this city, I deem it my duty to apprise you.
DANIEL M. FOX, Mayor of Philadelphia.[source: 'Answer of Marshal Gregory'. Chicago Tribune 20 October 1870, page 2.
ANSWER OF MARSHAL GREGORY.
General Gregory replied to the Mayor as follows:
UNITED STATES MARSHAL'S OFFICE,Oct. 11, 1870.
Hon. Daniel M. Fox, Mayor of the City of Philadelphia:
SIR: I have to acknowledge the receipt of your letter of this date, stating that you had been informed that I had appointed a considerable number of Deputy Marshals, for the purpose of preserving order at the polls.
In reply thereto, I would state that, at the election this day held, Representatives in Congress were to be chosen, and that, under the provisions of the sixth section of the act of Congress, of July 14, 1870, I was authorized to make such appointments. The act of Congress is in these words:
"SECTION 6. And be it further enacted, That in any city having upward of 70,000 inhabitants it shall be lawful for the Marshal of the United States for the district wherein said city shall be to appoint as many special deputies as may be necessary to preserve order at any election at which Representatives to Congress are to be chosen; and said deputies are hereby authorized to preserve order at such elections, and to arrest for any offence or breach of the peace committed in their view."
This morning I was informed by a number of reliable citizens, that the colored voters of the Third Precinct of the Fifth Ward were being excluded from the polls. This was a violation of the act of Congress of the 3d of March last, and by one of the provisions of the same act it was made my duty to take cognizance of the offence and see to the enforcement of the law. I was further informed that the deputies that I had appointed had been arrested by your policemen, and removed from the vicinity of this precinct, and that your policemen were present at this particular precinct in very large numbers, and were actually engaged in the exclusion of colored voters.
For the purpose of protecting my deputies in the lawful discharge of their duties in preventing the colored voters from being excluded from the polls, I called to my aid a small body of marines.
I did this for the preservation of the peace and as a matter of absolute necessity. The action which I have this day taken, was in the performance of my duty under the law.
Very respectfully,E. M. GREGORY,
United States Marshal
EXECUTIVE CHAMBER,
HARRISBURG, Pa. Oct. 11, 1870.
Hon. E. M. Gregory, United States Marshal, Philadelphia:
SIR: Please inform me, at once, under what circumstances it became necessary to take possession of the polls, with United States Marines under your direction. The Mayor informs me that it was unnecessary, and that he was abundantly able to keep the peace.
(Signed.)JOHN W. GEARY.
PHILADELPHIA, Oct. 11, 1870.
John W. Geary, Governor:
I have not taken possession of any poll. I employed the marines at one precinct to aid me. Special deputies appointed under provisions of act of Congress, July 14, 1870, and to prevent the qualified colored voters from being excluded from the polls.
(Signed.) E. M. GREGORY.