Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1879-05-22
WALHALLA, SOUTH CAROLINA, THURSDAY, MAY %, 1879

Numerous other occasions Of less sipuifi-
canoe under probably every administration,
and certainly under the present, this power
has beon usefully oxerted to enforce tho
laws without objection by any party in tho
country and almost without attracting
public attention. The great elementary
constitutional principle which was the
foundation OF tho original statute of 1892,
and which has been it's essence in the vari-
GUS forms it has assumed sinoe its first
adoption, is that tho government of the
United States possesses, under the constitu.
tlon, in full measure tho power of self
protection by its own agencies, altogether
independent of the State authority, end. if
need be, ageinst the hostility of State gov
ernmonts. 1t should remain embodied in
our statutes unimpaired, as it has beon
from the very origin of tho government.
1t should bo regarded as hardly less valuable
or less saored than provision of tho CON
stitution itself. There are many other i'm
portant statutes containing the provisions
that are liable to be suspended or annullod at
the times and places of holding elections if
the bill before me should become law. l
do not undertake to furnish list of them.
Many OF them, perhaps tho most of them,
have been set forth in the debates on this
measure. They relate to extradition, to
crimes against the election law, the quaran-
tine regulations, to neutrality, to Indian
reservations, to Che civil rights of citizens
and to other subjects. 10 regard to them
oil it may be said that the meaning and
effect of this bill is to take from the general
government on important part of its power
to enforce the laws.
Another grave objection to this bill is its
discrimination in favor of tho State and
against national authority. The presence
or employment of the army or navy of the
United States is lawful under the terms of
this bill at the placo where an election is
being held in State government then and
there 10 need of suoh military Intervention,
but unlawful to uphold the authority of
the government of the United States then
and there in need of such military inter
Vention. Under this bill the presence and
employment OF tho army or navy of the
United States would bo lawful and might
be necessary to maintain the conduct Of a
State election against the domestic violence
that would overthrow it, but would be un-
lawful to maintain the conduct of national
election against the same local violence
that would overthrow it. This disorimina-
tlon has never been attempted in any preyi.
GUS legislation by Congress- and is no moro
compatible with tho sound principles of the
constitution or tho necessary maxims and
methods of our system of government on
occasions of elections than at other times.
ln the carly Legislation of 1902 and of
l795, by which the militia of tho States
was the onl ly military power resortcd to for
tho execution of the constitutional powers
in support of tho State or national authority,
both functions of the government were put
upon the same footing. BY the act of 1907
the employment of the army and navy was
authorized for the performance of both con.
stitutional duties in the same terms. In
all later statutes on the same subject matter
the same measure of authority to the gov
ernment has been accorded for the perform.
nnoe of both these duties. No precedent
has been found in any previous legislation
and no sufficient reason has been given for
discrimination in favor of the State and
against the national authority which this
bill contains. Under the sweeping terms
Of tho bill tho national government is
etfectually shut out from the exercise of
tho right and from tho discharge Of tho
imperative duty to uso its whole executive
power whenever and wherever required for
the enforcement of it's laws at the places
and times whero and when its elections arc
held. The employment of it's organized
armed forces for any such purpose would
be an offenso against the law unless called
for by and therefore upon permission of
the authorities of the State in which the
accusation arises. What is this but the
substitution of the discretion of the State
governments for the discretion of the gov
ernment of the United States as to the
performance of it's own duties2 In my
Judgment this is an abandonment of its
obligation by the national government,
subordination Of national authority, and an
intrusion OF State supervision ovor national
duties, which amounts in spirit and tenden.
oy to State supremacy. Though I believe
that tho existing statutes ore abundantly
adequate to completely prevent military
interference at elections, in tho sense in
which the phrase is used in the title of this
bill, and is employed by the people of this
country, | shall find no difficulty 10 concur.
cur ring in any additional legislation
limited to that object which does not inter.
ferc with tho indispensable exercise of the
powers of the government under the CON
stitution and laws.
"RUTHERFORD B. HAYES,
"EYEoUr1vE MANSION, May IL, 1870"
A Haokcnsack man was at midnight
creeping softly along the bed room floor on
hands and knees and was foeling onrefuIly
sYs,I ~