The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-05-13

Of the lawso Of the United States or TO sup
press such rebellion, In whatever State OF
territory thereof the laws Of the United
States may he fOrcibly opposed, or the ex.
. ecutlon thereof iorclbly obstruCted."
no REASONS FOR REPEALlSd THE LAWS.
, This ancient and fundamental law has
been in force from the foundation OF the
Government. It Is now proposed 10 ab,
rogate It on certain days and at certain
places.
: In my judgment, no fact has been pro.
duced which tends 10 show that It ought
10 be repealed or suspended for single
hour at any place In any OF the States or
Territories Of the Union. All the teach.
lngs OF experience In the course OF our
history are In favor Of sustaining Its eff.
cheney unimpaired.
On every occasion, when the supremacy
ol the constitution has been resisted and
the perpetuity OF our institutions imper.
illed, the principle Of this statute, enacted
by the fathers, has enabled the govern.
ment OF the Union to maintain Its author.
ity and to preserve the integrity OF the
nation at the most critical period OF our
history. My predecessors In the Execu-
i
pie. i was on this principle that Presi.
dent Washingtonsuppres the whisky re-
bellion In Pennsylvania In 1904. In 1906
on the same principle President Jefferson
broke up the Burr conspiracy by issuing
orders for the employment OF such force,
eitherb by the regulars or Of the militia, and
by such proceedings Of civil authorities as
might enable them to suppress it efectu-
ally.
1t was under the same authority that
President Jackson crushed the nullifca.
ton in South Carolina, and that President
Lincoln issued his call for troops to save
the Union in 1861. On numerous other
occasions Of less significance, under pro.
badly every administration and, Ger.
tainly under the present, this power has
been usefully exerted TO enforce the laws
without objection by any party in the
country, and almost without tracing pub
lie attention. The great elementary con.
stitutional principle, which was the founda-
ton OF the original Statute OF 1902, and
which has been its essence In the various
forms II has assumed since its first adop.
ton is that the Government Of the Unit
ed States possesses under the Constitution
in full measure, the power Of sell proteC-
tlons by its own agencies, altogether in.
dependent OF State authority, and II need
be, against hostility Of State Governments.
1t should remain embodied in our Statutes
unimpared as it has been from the very
origin Of the Government.
1t should be regarded as hardly less
valuable, or less sacred, than provision
Of the Constitution itself. There are many
other important statutes that are liable to
be suspended or annulled at the times and
places OF holding elections, il the bill
before tne should become law. do not
undertake to furnish list of them, many
OF them, perhaps most OF them, have been
set forth in the debates on this measure.
They relate to extradition, to crimes
against election laws, 10 quarantine regu-
lations, to neutrality, to Indian reserva.
tons, to civil rights OF citizens, and to
other subjects. In regard 10 them all it
may be safely said that the meaning and
effect Of this bill is 10 take from the Gem
eral Government an important part Of its
power to enforce the laws.
STATES RIGHTS.
Another grave objection to the bill is its
discrimination in favor OF the State and
against the National authority. The pres
enCe or employment Of the army or navy
OF the United States is lawful under the
terms of this bill, at the place where an
election is being held in State to uphold
the authority OF a State Government then
and'there in need OF such military in.
tervention, but unlawful to uphold the au-
thority Of the Government OF the United
States then and there in need OF such mill.
tary intervention. Under this bill the
presence and employment OF the army or
navy ofthe United States would be law
ful and might be necessary to maintain tho
conduct Of the State election against the
domestic violence that would overthrow
IL, but itwould be unlawful TO maintain
the conduct OF the national election against
the same local violence that would over
throw it.
NOT IN UNISON WITH THE CONSTITUTION.
This discrimination has never been at
tempted in any previous legislation by
Congress and is no more compatible with
the sound principles OF the constitution
or the necessary maxims and methods OF
our system OF government on an occasion
OF elections than at other times. In the
early legislation Of lT02 and OF l7g5, BY
which the militia Of the States was the
only military power res0rted to for the
execution OF the constitutional powers in
support OF the 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 constitutional duties In the same
terms. In all the later statutes on the
same subject matter the same measures OF
authority to the government have been
accorded for the performance OF both
these duties. No precedent have been
found in any previous legislation and no
sufficient reason has been given for the
: discrimination in favor OF the State and
against the national authority which this
bill contains.
Under the sweeping terms OF the bill the
National Government is effectually shut
out from the exercise Of right and from
the discharge Of imperative duty to use
its whole executive power wherever and
, whenever required, for the enforcement
OF its laws at the places and times where
and when Its elections are held. The EN-,
ployment OF its original armed forces fol
any such purpose would be an ofTense
against the law unless called for by and
therefore upon permission OF the an,
thorities OF the State in which the oc
casion arises. What is this but the
substitution OF the discretion Of the
States governments for the discretion
OF the Government Of the United State.
!. as to the performance Of its own duties
In my judgment this is an abandonment
I of its OBLIGATIONS by the National Eovarn
ment, subordinatlon Of national author
9 ity and an intrusion ol State supervision
+ over national duties, which amounts II
spirit and tendency TO State supremacy.
Although I believe that the existing
statutes arc abundantly adequate to com
!. !. pIetely prevent military interference with
: the elections, in the sense in which the
phrase is used in the title Of this bill ant
:; is employed by the people OF this country
II l shall find no difficulty in concurring Il
any additional legislation limited to tha
9 object, which does not interfere with thu
IL II Al