The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-06-19

State in the execution of its own laws. fer the
purpose upon application of the Legislature or
Governor, where the Legislature cannot be con-
vened. supreme Court decisions are quoted in
support of this position, and the following extract
from letter of the present Secretary of State while
Attorney General under former administration,
sent by him to the Marshal of Florida on the 20th
of August, 1865:
Tbs special duty and authority in the execution
of a process issued to you must not be confounded
with the duty and authority of su ppressing disor
der and preserving the peace, which, under our
Government, belongs to the civil authorities of the
States and not to the civil authorities Of the United
States,.' ~
Y The report continues:
ITO prevent the substitution of the petty discre-
ton OF superserviceable Federal officials for the
law, the soldier with his bayonet for the civil off,
Ger with his warrant, and other dangerous abuses
to which the recent experience of our country has
shown tito be liable, was tho sole object and
would have been the only effect of the bill to pre-
vent military interference at the polls, which the
President found it Impossible to approve.
The third and final objection offered by the Presi-
dent to the bill is to use his own language it's
discrimination in favor Of the State and against the
national authorlty.' Under the constitution the
Federal Government has not, and no law of Con
gress can give it authority to preserve the peace in
q State, Seither at the polls or elsewhere
unless called upon by proper StateC authorities
for that purpose under the circumstances for
which the constitution was provided. How,
therefore, there could possibly be discrimination
against an authority that does not and cannot ex-
ist it, difficult to see. It is equally impossible
to discover how distinct reservation of the power
of the President to suppress instruction
against the Government OF State at any time or
place when properly called upon can be
said to q derogate from the authority of
the United States. There is single consideration
Sufficient in itself to show that the fears ex-
pressed by the President that the bill would subor
dnate national to State authority were totally un-
cd mi viii ri n
have escaped his observation. Under the law as it
now stands and has stood since 1875, the Presi-
dent is not bound to call for the militia, or to en-
ploy the land or naval forces of the Unit
ed States to suppress every riot or popular
tumult in a State, although called upon by the
Legislature or Executive for that purpose. If the
President should have reason to believe that force
was not called for in good faith to suppress an in
surrecton against the Government of the State, but
to be used for any purpose in any manner iDimcal
tothe United States itwold not only be his right,
hut his duty, to withhold it." t.t|E
Mr.. Wallace, from the Committee on Appro-
,pratons, reported to the Senate on the 18th, with
out anendment. the House bill making appropria-
tons for certain judicial expenses. Mr.. Beck of
fered an amendment in the nature of 3 substitute,
for the Legislative, Executive snd Judicial Appro
priation bill. It was ordered printed. The bill
continuing the pension Of the late Gen.
Shields ($10O a. month"; to his widow
and children, with amendment grant
ing a pension of $50 a month to the widow
OF the late Fletcher Webster, was passed. The
Army appropriation bill was received from the
House. Mr.. Blaine addressed the Senate on the
Mcdonald bill, his remarks consisting chiefly of
reply to the speech of Mr.. Hill. of Georgia.-In
the House, q bill was reported from the Committee
Civil Service Reform, prohibiting officers of,
claimants against. q or contractors under
the United States from contributing money
Tor POLITICAL cal The Senate . 6
up in the House, but the Republicans flbustered
to prevent action on the bill, refusing to vote on
the call for the previous question.---Th Senate
Judiciary Committee has referred to the sub
committee, consisting Of Messrs. Garland Bay
ard, Genkling and Carpenter. an important
Question raised in regard 70 Secretary McCrary's
nomination for the Circuit Judgeshlp which is
to be vacated by Judge Dillon next September.
The novel question is whether nomination can
sconstitutionally be confirmed TO fill vacancy not
yet created, if at the same time it be stipulated
that the person so nominated is to continue to
cupy another office until the position to which he is
prospecrivey appointed shall have actually become
vacant by resignation or otherwise The commit
toe defer action upon Secretary McCrary's no1ni
nation until after they pass upon this general
question. 1"@9f@a 7'f@
1.-THE Legislative, Executive and Judicial APP
Precipitation bill was passed by the Senate, on the
18th inst, with number of amendments which
necessarily sends it back to the House. The
House passed the BILL prepared by the Committee
on Foreign Affairs, allowing any telegraph COM
psny to land cables on the coast of the Unit
Ell States subject to the terms of such grants as
have been heretofore made by Congress The bill is
designed to cpen the way for an increase of tele-
graph facilities between America and Europe
There we're two cascuses of the Republican zen
ators daring the day. Both were devoted to an
interchange Of views concerning the proper course
of action to be taken in regard to the pending ap-
l.sIY ~to mt
asreement was reached. 1t was agreed
with substantial unanimity that the passage of
the Army Approprs alton bill In its present terms
should be opposed by the Republican party in the
Senate unless the majority consent to the addition
Of provso to the sixth section declaring that 1t
shall not be construed to prevent the use of troops
to execute any existing law. The Judicial Expenses
bill was discussed very briefly, but as it also con-
ia c1auses in the nature of conditions precedent
to the of the money which it appropriates, the
caucus, agreed with absolute unanimity that pas
sage should be opposed, unless these conditions
are eliminated "a re.~v$
In the Senate, on the 18th inst the Army Ap-
preparation bill was reported back from the Com
mittee on Appropriations with sundry amend
ments and was placed on the calendar. The Sup
Elemental Judicial bill was debated without &C
ton.-In the House, bill extending until
Oct, l, 1880, the provisions of the act approved
March3 1S77, 10 regard to the grasshopper suffer
ers, passed. The Legislative Appropriation hill
was received from the Senate. aud. together with
the Senate amendments, was referred to the Com
mittee on Appropriations. A bill was passed au-
thoriEing commission to inquire into the prac-
ucabiliy and desirability of constructing bridge
or tunnel across the Detroit river, near Detroit
The bill prohibiting Government employees from
making contributions for political purposes again
came up. but the Democrats refused to allow an
amendment including Congressional employees in
this Inhibition, and the Republicans consequently
hnbustered to prevent action OF the bill.
The Senate, after debating and slightly
amending the supplemental Judicial Appropria-
ton bill, finally passed it, on the 10Th inst, by
strict party vote.-In the House, Mr.. Cox intro
duced bill to protect certificates of naturaliza-
ton. Mr.. Sanford introduced one to
prohibit increase of the interest bearing debt of
the United States, and Mr.. Young Tenn) intro
duced one granting pension of $50 a month to
the widow of the late Lieut.. Hiram Benner On
motion OF Mr.. Ryan. bill was passed for the re-
lief of settlers on the Usage trust and diminished
reserve lands in KANSAS. On motion of MIR wash
burn. the bill was passed allowing presumption
settlers twelve months after date of ling their en-
try to complete their residence. l.
- Habits Of the Hog.