Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-05-01
OF the election law, section 202t OF the Re-
yiSed Statutes

] ah' hat>hS VI ut> ktutfhi ustuttts VI shtb
special deputies as are thereto specially em-
powered by him. In writing, and under bis
hand and seal, when ever he or either or any OF
i them Is iorcibiy resisted In executing their du'
ties under this title, shall, by violence. threats
4 or menace>. be prevented from executing such
| duties. or from srresting any person who has
/ committed any offence for which the marshal
| or his general or his special deputies are au-
thorized 10 make such arrest are, aud each os
| them Is, empowered TO summon and call TO his
aid the bystAnders or posse comfdtas OF his
district.
I | should like any one to tell me whether
a marshal can call together armed men
under that II you repeal this section In the
military bill. Under heavy penalties you
| say that no civil officer whatever no mat
ter what the disturbances. at an election of
| Representatives TO Congress-no civil Of
| fcer OF the United States shall keep order.
| You do not say that 10 that same election
the State officer may not be there with all
the force he chooses, legal or Illegal. You
| say that the United States IN An election
which specially concerns the Federal
government shall not have anything what
ever TO do with 1t. That Is what you say :,
| although the Constitution. AS broadly as
language can express II, gives the govern
| ment OF the United States. II II chooses to
| exercise IL, the absolute control OF the
who have even once read the Constitution
In the clause "the times. places, and man
| ner OF holding elections for Senators and
Representatives, shall be prescribed In
each State by the legislature thereof; but
the Congress may at any time By laws
make or alter such regulations, except "a
10 the places Of choosing Senators" And
every one knows that the coniemporaneous
exposition OF that part OF the Constitution.
familiar also 20 every one In the country,
the exposition by Madison and Hamilton
was to the effect that every government
ought 10 contain in Itself the means OF its
own preservation" aud according TO Mr..
Madison, quoting Southern authority. IL
was ''more consonant to Just theories to
intrust the Union with the care OF its own
extsteucr than 10 transfer that care TO any
other hands
There is not the slightest possible denial
here that this Ia a constitutional exercise OF
power. II there is such a denial 1t Is a
mere individual opinion. There has been
no adjudication in tile least degree looking
Ia the uncous;iiutionality OF these laws.
\ our individual opinion is no better than
mine mime is no better than that OF any
othci man who can hear 4 horn blown from
the front steps OF the Capitol. No individ-
uai opinion Is worth anything. We have
department OF the government to pass up
on the question. The legislative depart
meat has enacted these laws under what Ii
believed to be a clear and explicl, grant OF
power, and you have never had it judicial
~ determined otherwise. But nov you
propose 10 assault the election laws, the
supervisors, and the marshals IN this mill
| tary bill and unde; the pretense OF getting
rid OF troops AZ the polls you propose that
81. - 81
federal goyrtnment-shall be- there. That
is the design; that - the plain. palpable
object. An amendment that will be offered
here will test your sincerity cn that sub
Jcct; whether you VT. allow the federal
government t. be present At all. | believe
you do propose TO allow two men OF straw
! to stand up without any power To be pres
eat n witnesses 10 be counted thcm~elve,
but not 10 count, ms friend from Massa-
cbu.etts Mr.. liOar well suggests; with no
power Whatever; mere spectators on SUI
feraurc. not TO be hustled out nor Kicked
nor clubbed II they behave themselves, hu.
entirely at the mercy Of the mob; guests
standing there by the courtesy OF the State,
not stauding there armed With the psuoply
of the federal government aud command
Ing tn It, great name an observance of Law
aud OF justice. You propose simply To per-
u.
to be designated oy Federal authority to
be present, that is all (; not TO have one par
ticle OF power. not 10 be clothed with a
solitary attribute OF authority. not to have
any force, not 10 have any legal status be-
yond that OF casual spectators; aud.
therefore, | say that you cannot debate
this question without associating these
two bills together. The one rdos right
into the other; and | 90 so far as TO say
that II the military bill should 20 through
In its present form and become the law OF
the land. the remainder Of this law on elec.
ton day Is not worth anything at all. The
whole law OF marshals and supervisors is
worth nothing unless the civil authority OF
the United States has the power there to
euforce its edicts.
We are told. too, rather novel thing.
that II we do not take these laws We are
not TO have the appropriations. | believe
II has been announced In both branches OF
Congress. | suppose on the authority OF
the democratic caucus, that II we do not
take these bills as they are planned We
| shall not have any Of the appropriations
that 90 with them. The honorable SEN
ator from West Virginia Mr.. Hereford !
told 1t to Us on Friday; the honorable
| Senator from Ohio Mr.. thurman told It
/ To us last session; the honorable Senator
| from keutucky Mr.. Beck told Ii to Us
at the same time; and am not permitted
| TO speak OF the legions who told us so In
| the other House. They say all these ap-
! propriations are to be refused; not. mere
| ly the army appropriation. for they do not
| stop at that Look for q moment at the
| legislative bill that came from the demo
} cratic caucus. Here is an appropriation
| In IL for deiraying the expenses OF the Su-
preme Court and the circuit and district
| courts OF the United States, including the
| District OF Columbia. &c, 80 500 600 -
Provided-provided whatf
That the following sections of the Revised
| Statute. relating 10 elections
! Going on to recite them
| be repealed.
That is YOU viii pass AN appropriation
for the support of the judiciary OF the
United States only OF condition Of this re-
peal We often speak OF this Government
being divided between three coordinate
| departments. the executive, the legislative.
and the judicial-co-ordinate, independent,
| equal The legislative under the control
of Democratic caucus now steps forward
and says, I'VE offer to the Executive this
bill aud il be does not sign il we are going
TO sfarve the judiciary" That is carrying
the thing little farther than have ever
known. We do not merely propose to
starve the Executive If he will not sign the
bill. but We propose to starve the judiciary
that has nothing whatever 10 do with the
question. That has been boldly avowed
on this door; that has been boldly avowed
ia the other House; that has been boldly
avowed in Democratic papers throughout
the country.
And you propose not merely to starve
the judiciary but you propose that you will
not appropriate a solitary dollar 70 take
care Of this Capitol. The men who take
care Of this great amount Of public property
are provided for In that bill You say they
shall not have any pay IL the President
will not agree to change the election laws
There is the public printing that goes on
for the enlightenment OF the whole country
and for printing the public documents ol
every one Of the Departments. You say
they shall not have . dollar for public
printing unless the President agrees to re-
peal these laws.
There is the Congressional Library thai
has become the pride Of the whole Ameri
can people for its magnificent growth anC
extent. You say 1t shall not have one dol
| la fx.e eaE1 .<xTf fN L..