Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1879-05-16
The NCin McSSAyr.

an act 10 prevent military interference II clvc.
tons" etarn Il 70 the house oC representatives
tons 20 IFS approval
In \ communication sent to the house " repre-
sCntStlNvs On the sqth Of last Wonth returning ~
the honSe without ulv apprayai, The htll Cntilod
" M act masking appropriations tor the support
OF the array Tor the hSCal wear taitnS June S0lh,
| lSS1, and Tor other purpOSes,N rndnaNrrcd ~
show by quotations from the statutes pt the
United states IN tNrec and Nv hrict statoult nj
I of nets III regard ~ recent elections N several
states that uo Sdult oUal legislation Was nccCs
! SNty prevent iutCt etrpCt With elections Nv
the military ~ naval toyCCS oi the ONttCd states,
The fact WAS y esentri IN that communication
that at the time ~ The passage vt that az, W
JUNE 18TH, rs IN relation 10 The oUlploNmopt Nt
the army NJ 4 teNSc ceHttG'GS, ar otherwise, u
was maintained nv tts ir.taHs that 10 Wo0ld IS.
I iab,tSh the
vlrtt AM luNrNNNNrAL rRl>urtS
which Would secure 10 the people protection
against standing army. The Tact was also re-
fcrred 10, thar since the passage 81 this act the
] congressional, state aud uanlCtpal elections
! have been held thrOuehcut The anton, AND that III
no instance i.aS 4 compliant been mate ol the
presence OF Tinted States soldiers AZ the polls
! Holding, aS do the pplniou that any mtiaiN
ntettSrtne whatever AZ The polls IL contrary to
the spirit et cur institutions. SNd wonlG tend Ia
destroy the fgeedom 81 elections, aud sincerely
| desiring ~ concur With congress IN all " its
measures, u tsMith very great regret that AIN
forced to the conclusion that the I'M before me II
not only unnecessary to prevent such iutcrcr
euce, hut Is dangerous departure Wom long set
/
4 The true ralc ~ % The employment vi mlItatN
i force at elections Is NOT doubtful, NJ iutm,ia-
/ ton or coercion should We SLOWED 10 CoutrVl or
iutGencc ctitacnS in the exercise ~ thCtr night
10 vote, whether II appears N the suaHC rt cnm
htnatons Of eNaeGiSposed persons, o. oi atulOd
] bodies ef militia ct state, OF oI he military
/ force of the nttUd States The elections should
be Tree from Sll iorcjble Interference ana as Tar
| NJ practicable from all apprehension ct such in
reference. No soldiers, either of the union Or at
the state miliia should ho present at the po, Ia
/
| ordinary civil police iAtCc. There has Nccu AID
VIII be 10 Violation AZ this ru'e WudCr otdvlS
| from me during this Administration, hut thorc
should be no denial of Tie r,gh, 81 the national
goyel nment Ia employ Its mtutSry torcc on amy
day and ~ ANY pttcC; such employment is NSccs.
sNty 10 enforce tue constitution aud laws ~ the
! United States
que unl puarE MIR Is 4. lolLovs;
he il enacted, that it shall not hc lawful TO trmg
TO or employ at al place where general 81 special
army navy OF the UHiIcd States uuloss such force
| be necessary e. reFcl armed enemies OF tho lntrd
States or ontone section 4, article ~. of tho
constitution Of Tho United States aud laws made IN
pursuance thrteot On application ct the legislature ur
executive u state where such atcc il e hc used,
aud - much of all uMs AZ Il inconsistent herewith
! h hereby repeated
II will be observed the bill cNcmpts from tho gUn.
eral prohibition against thu cmploy ncnt ~ military
turee 1T The POLLS two specified cases These cNemp-
tions rccogHilr aud cpncrdo the soundncsS 81 thu
principle that the military force may properly and
eonstltutionay he used at places OF elections, whom
such use is necessary 10 etiorcc the constitution aud
laws but the excepted cases leave tho prohibition 50
extensive aud Preaching that it, adoption VIII ~.
rionsly impair the efficiency of the executive dcpa,t
ment of the government.
misraRIcA INFORMATION.
The hrst act expressly authorizing the use 81 nli.
| tary power 10 execute the laws passed almost rs
carry as the organization Of the government under
the constitution and was approved 10y President
Washington, May ~ lie! 1t was follows
| Section = And bc 1t further enacted, That
wherever the llWs OF the United shall ln
posed or the execution thcteot ubstruotrd III any
state 10y combinations too powerful to ho suppressed
10y the ordinary COURSE OF judicial proceedings or 10y
powers vested III the marshals 10y this act, the
being ratified to thu rrcsplcn ot the United States,
by an associate justice or district judge shalt Inc
lawful for Tia, president 1T the United States to OF.
der the militia OF such state To suppress such
binatons aud TO cause tile lave to he duly executed.
Aud II tho militia ui II state where Elch Cnmhua.
tons may happen, shall refuse or 10 insufficient TO
suppress the same il shalt be lawful tor the prcsi-
dent, II the legislature q the United STAIRS 10 not
in session, to call torih aud employ such numbers OF
the militia ct any other state atrs most eunyr-
nient thereto, may lie necessary. Ana thu usc Of
The militia ~ 10 be called forth may he continued ii
necessary, till the expiration n thlriAays after tho
commencement 81 The ensuing session,
In i195
rms rRoyIsioS MAS sunsTANTIAILY RE.ENAcrED
in Il law which rep, alcd the net Of l7D2 IN 1907
the following net became the Ia" by approNal ol
I President jefferson!
That In afl eases Of rsurrcctlon or obstruction
10 tue laws either OF tho United states ur OF any
individual, state or territory where II r. lawful
or the president ot the lnitvd States to call tort
the militia Tor The purpose OF hupprcssins such
lnsntTetllon or of causing the laws To hp duly tN.
centrd, IL shall lac lawful for man To cml 10y for
the same purposes ruch part OF the land aud naval
orcu oil the United States Ms shall be- Judged
necessary.
Having first observed all the prerequisites Of
the law III that respect by the act II VIII be seen
the scope OF the law al l,N3 was cNtcndcl 30 ~ ~
auth fiZe the national government To USE not
only the militia but the army ami navy Ot the
United States ON every ocC ,sion when the su-
premacy " the constitution has been resist ell
ana the petpetultf of uur institutions imprr led,
The principle oil this statute enacted by the
fathers has enabled the government OF the union
10 lnatuatn its authority and To preserve the IN
tegrty 0i the nation ut the most critical periods
OF history MY predecessors ~ he executive of
fco have relied on this great prlnCipic Il wHe
On this principle that President Washington sup
pressed the whlsky rebellion IN Penney lvnnla IN
hi In 1870 on the same principle
PRESIDENT JEFFERSON BgoKE ur rlE nunR cor
sPfRACY
|, by issuing orders for the employment 81 such
f1ree, either Of the regulars OF the militia ana
by such proceeding OF the civil nuthofi les ~
might enable them TO suppress rilrCtually the
further progress of the enterprise independent
OF slate authority, and II need he, against the hos
, ttleetate governments. II should remain 0nbod-
led IN our statut. uumpaired, nH IL has been
from the very origin O tho government II sho ld
be regarded as hatHly less valuable OF less sacred
than the provision 0f the constitution Itself.
t, lude are many DiDtT llnl uilhul tlhluHH Gun
taining y DIVISIONS that are liable 10 bG suspend.
Ell OF nnnuivd at the times aud places nf holding
elections II the bill before me should becUmO n
law, do not undertake 10 furnish a list 0i them.
faty oi them. perhaps most Of them have been
set forth IN debates Oh ihis measure. They re-.
late to eSlraditiun, 10 crimes aRaiust leCtOns 10
quaiahilnc regulat Ons 10 neutrality, 10 Indian
reservation, 10 civil rights Of citizens. II was
UNDER TUE SANE AUTHORITY
that President jackson crushed the notification
~ south Carolina, that President Lincoln ibsurd
hts cali for troops % save the union IN 1871 On
numerous other oecArtOnr ~ LEES Significance
under probably every administration and certain
, ~ under the present this power hnr been nrriu
" eIrftpd To enforce the Laws without objection
by any patty in the country aud "a most without
attracting pubic atlrnttnn Y hn great elements.
~ constitutional principle which wac the fpntda-
ton Of TIE original statute OF i12 nLd which has
been itg essence Ia tho various tdttns N bus az.
eumed since its first adoption, ~ that the RoYe,n.
I neht Of the United states possesses uDder tho
tonstii ntion, In ful measure. the power Of hcif.
protection by III oAD agencies
TIE important provision OF the acts Of Ii92
i5a5 and isG. mod fed 10 ity terms rom time Ia
time "a adapt IL 10 the e1isiiug emergency. re-
manned In force until by an act approved by
President Lincoln July 2Jlb 1861 " Wac re en-
acted substantially IN the tame language ~
whie1 Ii Is nov found 10 the revised statutes,
VIZ.
section 2tGs Whenever. by reason % unlaw.
f1l obstTdcuoHp, CON bnatlOns. or atsemhlBpes oi