South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1879-05-16

should become 4 law. Another crave
objection TO the bill is its discrimination
in favor OF the State aud against the
National authority. The presence or
employment OF the srny or navy OF the
United States IL lawful under the terms
Of this bill, =, tire place where an cleo.
lion is Seing held in State TO uphold
the authorities OF q Sta'e government,
then, snd there, in need of such militia
~ Intervention. but unlawful to uphold
tie authority of the Government OF the
United States, then and there, in need
OF such military Intervention under :his
bill. The presence and employment of
the army or navy Of the United States
would be lawful and NIGH; be necessa.
~ to maintain tie conduct OF a State
election against the domestic violence
that would overthrow il, but would be
unlawful 10 maintain the conduct OF a
national election against the same local
violation that would overthrow il. This
discrimination has never been attempt
ed in any previous legislation by Con.
gress. and is no more compatible with
sound principles Of the Constitution or
the necessary maxims and methods OF
our system OF government on occasions
OF elections than at other times. In
the early legislation Of 1892 and 1885.
by which the militia OF the State was
the only military power resorted to for
The execution OF the Constitutional
powers In support Of State or National
authority, both functions orthe Govern
ment were put upon some footing. By
an act OF 1907, the enlistment Of the
army and navy was authorized for the
performance OF both Constitutional du-
ties In the same terms. In all later
statutes on the same subject and matt or.
the same measure of authority to the
Government has been accorded for the
performance Of both these duties. No
precedent has been found in any previ.
Gus legislation. and no sufficient reason
been given for discrimination in favor
OF State and against National authority,
which this bill contains. Under sweep.
ing terms Of the bill the National Gov.
eminent is efTectually shut out from the
exercise OF the right and from the dis
charge OF the imperative duty 10 use its
whole executive power whenever and
wherever required for the enforcement
OF its laws at places and times where
ami when its elections are held. The
employment OF its organized armed for.
ces for any such purpose would be an
otfcnse against the law unless called for.
by and therefore upon permission Oft
authorities Of the State in which the oc-
cssion arises. What is this but the sub
stitution OF the discretion Of the State
governments, for the discretion Of the
Government OF the United States as TO
the performance Of its own dutics. In
my judgment this is an abandonment Of
its obligation by the National govern.
ment. A subor,'ination OF the National
AMI State supervision over national du.
ties which amounts in spirit and tendon
cy,'to State supremacy, though believe
that the existing statutes are abundant.
ly adequate to completely prevent mill.
tary interference with the elections in
the sense in which tho phrase is used
in tho title OF this bill, and is employed
by the people of this country.
Shall find no difficulty in concurring
in any additional legislation limited 10
that object, which does not interfere with
the indispensable exercise of the powers
OF the Government under the constitu-
ton and laws.
Signed, II. Il. HAYES,
Executive Mansion.