Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-05-17

nosed or the execution thereof forci-
bly, nbstructed.
has been in force from the foundation
of the government. 1t is now pro-
nosed to abrogate it on certain days
and at certain places.
IN MY JUDGMENT
No fart has been produced which tends
to sbow that it ought to he repealed
suspended for a single hour at any
in anv Of the state or territories
the Union. ALI the teachings OF
ex%nerience in the course of our his
tory are in favor of sustaining its
upimpaired. GA every oc-
when the supremacy OF the
constitution has been resisted and the
perpetui;y Of our Institutions I'M
the principle of this statute,
enacted bv the fathers, has enabled
the government of the Union to
maintain its authority and to pre-
serve the integrity of the nation. Al
the most critical periods of Ii his
INV predecessors in the executive
Office have relied on this great prii:-
ciple. 1t was Oh this principle stia'
President Washington suppressed the
.swhisky rebellion" in Pennsylvania,
in 1894. In 1906, on the same prin-
ciple, President Jefferson broke up
the Burr conspiracy by issuing orders
for the employment of such force
either of the regulars or OF the mill
tary aud By such proceedings OF the
civil authorities as might enable
them to suppress. eftectually, the fur
Their progress of the enterprise. Ii
was under the same authority that
PRESIDENT JACKSON
crushed Nullificati6~in South Caro-
lima and that President Lincoln issued
his call for troops to save the Union
In 1861. On numerous other occasions
of less Significance, under probably
every administration, and certainly
under the present, this power has
been usefully exerted % enforce the
laws. without objection by any party
in the country and almost without
attracting public attention. The
great elementary constitutional prin-
ciple which was the foundation of
the original statute of 1872, and which
has been its essence in the various
forms it has assumed since its first
adoption, is that the government of
the United States possesses under the
constitution, in full measure, the
power Of self protection by its own
Observation-Disclosures independent of
state authority and if need be against
the hostility of state governments.
1t should remain embodied i'll our
statutes, unimpaired as it has been
from the very origin of the govern
ment. 1t should be regarded as hard
ly less valuable, or less sacred than
the provisions of the constitution it,
self. There are many other impor-
ant statutes containing provi-ions
that are liable to he suspended or an
uulled at times and places of holding
elections, if the bill before me should
become law. l do not undertake to
furnish a list Of them. Many Of
them, perhaps most OF them have
been
SET FORTH IN n DEBATES
on this measure. They relate to OK
tradition, to crimea against election
laws, to Quarantine regulations, 10
neutralitv, to Indian reservation, to
civil rights of citizens aud to other
subjects. In regard TO them all j.
may be safely said that the meaning
aud effect of this bill is 10 take from
the general government all important
part of its power to enforce the laws.
Another grave objection to the bill
is its Discrimination in favor of the
state aud against the national au-
thority. The presence or employ
ment Of the army or navy of the
IT,it,l Skofno 10 1aupf,l INDIAN thu,
terms of this bill al the place where
all election is being held in the United
States to uphold the authority Of Il
state government then and there III
need of such military intervention
but unlawful to uphold the authority
Of the government OF the United
States then and there in reed of such
military intervention. Under this
bill the presence ana employment OF
the army or havy Of the United
States would be lawful and might b.
necessary to maintain the conduct o.
state elections against
THE DOMESTIC VIOLENCE
| that would overthrow it but would
| be unlawful to maintain the comdut
of national elections against the SAN {
local violence that would overtime
it. This discrimination has never
been attempted in any previous leg
i.lation bv congress, and is no more
compatible with the sound principles
of the constitution, or necessary
maxims and methods of our system
of government, OIL occasion of cleo
tions than at other times. In III,
early legislation of 1892, and of 1895
H., ,,h;ok, tl,n -,;lsssn ~ fh, es,r.s ~,
the only military power resorted t.
for the execution OF constitutiona
I power in support OF state or nationa
authority. BY the act of 1907 thu
employment of the army and nav,
was authorized for the performauct
of both constitutional duties in th'
same terms. In all late statutes OF
the same subject matter, SOM
measure of authority to the govern
rnent has been accorded for the per
Torrance Of both of these duties. N
precedent has been found in any pre-
vious legislation, aud 10 sufticien
reason has been given for the dis
elimination in favor Of the state an,
against the national authority, whic'
this bill contains. Under the sweep
ing terms of the bill The nations
government is
EFFECTUALLY SHUT OUT
from the exercise of its right an
from the discharge Of its imperatlv
duty to use its forces whenever an
wherever required for the enforce
ment of it's laws at places aud time
where and when its elections az
held. The employment of its OF
gained armed forces for any sue
purpose would be all ofense agains
the law unless called for by, land there
fore upon permission of, the authori
ty of the state in which the occ,
sion arises. What Is this but the sui
stitutiOn o. the discretion of the stat
governments for the discretion Of IL
. government of the United St ties as t
tie performance of its OWL duties
In my Judgment this is al abandon
ment of It's obligations by the nation
al government, a subordination OF Ii;
tional authority, and an intrusion c
state supervision over national dutit
which amounts in spirit and tender
cy to state supremacy. Although
believe that the existing statutes al
abundantly adequate TO completed
prevent military interference wit
elections i'll the sense i'll which tt
phrase is used in the title of this BIZ
and is employed by the people of til
country, | shall find no difficulty