Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-05-15
The Second Veto.


I tipo 70 TIE >tatutts Quoieu hhu sthlenents
of tacts In regard TO recent elections in the
last veto message and takes the ground
that the present bill is no, only not neces-
say to prevent such interference but is a
dangerous departure from long settled
and important constitutional principles.
The President says the prohibition Is 81
extensive and far reaching tha, Its adnr-
ton will seriously impair the efficiency of
the Executive Department OF the Govern
ment- Eiectinps should he tree from all
forcible interference and As far a. practices
BILE from all apprehension of such inter
ference No soldiers. either Of the Union
or at the State militia. should be present
at the polls to take the place or Ia perform
the duties OF the ordinary civil police iorce.
| There has been aud will be no violation oi
this rule under orders from me during this
administration. but there should be no de.
NAL OF the right OF the national govern
ment to employ its military force on auy
day and at any place In case such employ
| ment II necessary to enforce the Con>:itu-
ti"n and law OF the United States.
The President quotes the Act of l1y2 en-
scted ia the Administration oi George
Washington providing that whenever the
| United States shall be Involved la or Ia dan
ger OF Invasion. or 10 case OF insurrection
| in n State. when called on by the Leg i,l--
! tur- or Executive. II shall be lawful tor the
! president To call forth the militia oi the
States. And Section , that whenever the
| laws of the Usitei States shall he obstruci-
I eel by powerful combinations. the Presi-
dent on being notified by an Associate or
District Judge shall call forth the militia
of any State 10 suppress such comb!ns ton.
| And Sec. 3. that the L. 5. Marshal. of the
| several districts and their deputies shall
| have the same powers In executing the
laws OF the United States as Sheriff. and
their deputies have in executing the laws OF
| their States.
In 1875 this provision WAS substantially
re-enscted In slsw which repealed the act
! of 1892. In 1907 the following act became
a law by approval OF Jefferson:
| That la all cases OF insurrection. or OBJ
| structIon to the laws OF either the United
| States or any individual State or Territory
where II is lawful for the Presiden, TO call
forth the militia for the purpose OF sup
| pressing such insurrection. or OF casing
| the laws TO be duly executed. II shall be
lawful for him TO employ for the same pur-
poses such part Of the land or naval forces
OF the United States ss may be judged nee
essary. having frs, observed all the prers-
quisites OF the law In that respect"
By this act IL will be seen that the scope
OF the law OF 1875 was extended so a. TO
authorize the National Government 20 use
not only the militia. but the Army and Ma
w Of the United States In causing the laws
to be duly executed. The important pro
vision OF the acts OF I79a. l7a5 and lsO7.
modified In terms and from time TO time TO
adapt II TO existing emergencies remained
la force until by an &C, approved by Presi-
dent Lincoln. In July, 1861. II was reeu-
acted Substantially IN the same language
In which II IL now found In the Reyis
Statutes
The President then quotes the existin.
statute. hi. ancient and fundamental
law has been In force from the foundation
of the Government. and now IL Is proposed
10 abrogste II on certain days and AZ GER
tain places. la my Judgment no fact has
been produced which tends to show IL
ought TO be repealed. or suspended, for a
single hour al any place 10 any OF III.
States or Territories OF the Union All
the teachings OF experience In the cour.e
OF our history are In favor OF sustaining
1t. efficiency uuimpaired. On every occa-
sion when the supremacy of the Constltu-
ton has been resisted and the perpctuny
OF our institutions hDperiled the principle
OF this statute has enabled the government
TO maintain the authority OF the nation.
Al the most critical periods 10 our hsto-
~ nv predecessors 10 the Executive Office
have relied on this great principle. /. was
on this principle that Washington sup
pressed the whiskey rebellion In Penu.yl-
vsnia In 1894. In ls06 on the same princl-
pie Jefferson broke up the Burr conspiracy
10y issuing orders for the employment Of
such force. either regulars or militia. and
by such proceedings OF the civIl authori-
tie. as mi. ht enable them to suppress eflrc-
tuaily further progress OF the enterprise"
aud IL WAS under the same authority that
Jack son crushed nuliificsiion la South Car
oiinA. and that Lincoln issued the call for
troops to save the L MON Ia 1861. On nu-
mcrous other occasions OF less significance
under probably every administration, ana
certainly under the present, this power has
been usefully exerted TO -nforc. the laws
without objection by any party Ia the couu-
try aud almost without attracting public
Alteration.
The great elementary constitutional
principle which was the foundation Of The
original statute OF 1892, and which ha.
been its essence In the various form, IL has
assumed since Its first adoption. IL that the
government OF the L nited STATES possesses,
under the Constitution, In foil measure.the
power OF selfproiectioh by it, own agen-
Gies, altogether INDEPENDENT OF State Au-
thorly. aud. II need De, against Tie hustil-
Wy OF State governments. IL should re-
MAN In our statutes unimpaired AS 1t has
btto iEphb tiic VI tue govern
ment. IL should be regarded As hardly
less valuable or lees sacred than the pro
vision of the Consultation itself
There are many other important statutes
containing provisions liable 10 be suspend
ed. or annulIed, As to times aud places OF
holding elections II the bill before Inc
should become law. do not undertake to
furnish a list OF them, many OF them. per
haps nost of them having been set forth
In the debates on the measure. They re
late 10 extradition for crimes against the
election laws aud 10 Quarantine rrgula-
tions, TO neutrality OF the Indian resrrya-
tlons, TO the civil rights Of citizens and TO
other subjects. In regard TO them slI II
may be safely said that the meaning and
effect OF the bill is TO take from the General
Government an Important part OF It's power
to enforce the laws.
Another objection To the bill i. its dl-
| criminarion la favor OF STATE and against
National authority. The presence or en-
| ployment OF the army or navy OF the United
States Is lawful under tue terms OF this
bill at place where an election Is being
held in q Stale 10 uphold the authority Of
| the State government then and there in
need Of such military Intervention. but un-
lawful 10 uphold the authority Of the gov
| ernmeut OF the United States then and
u.
| Under this bin the presence aud employ
rnent OF the army or navy of the United
| States would be lawful and might be nee
| essary TO maintain and conduc, a State
| election against domestic violence that
would overthrow ii. but It would be un-
lawful TO maintain and conduct q national
| election against the same local violence
| that would overthrow IL. This discrimin-
alton has never been attempted In any pre-
| viOus legislation by Congress and is no
more compatible with the sound principles
| Of the Constitution, or necessary maxims
| and methods OF our system OF government
| on the occasion Of elections than at other
| times.
In the early legislation Of 1892 and 1895
| By which the militia Of States WAS the only
| power resorted Ia for the execution Of con-
| stitutionsl powers 10 support OF State or
National authority. both functions of the
| Government were put upon the same foot
| Ing. b. the act Of 1907 the employment,
| OF the army and navy was authorized for
the performance Of both constitutional