Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1879-06-19

anu Lincoln ana contains Cno prln-
, ciple acted upon by four Presidents
more endeared than ali others tc
the American people" With re-
gard to this objection the report
says if the President had examined
the facts connected with the trans
actions to which he alludes, he would
have found that neither of the four
/ illustrious patriots referred 70 either
dill or proposed to do anything
which would not have been lawful
under the strictcst letter of the bill
which he now vetoes. In proof OF
this assertion the report recites the
circumstances Of the whisky rebell~
ion of 1893; the conspiracy of
Aaron Burr the nulliication moye-
ment of 1892 in South Carolina and
/ the outbreak of the late civil war.
1t adds: GA sufficient answer,
however, to this objection is that it
is untrue. The various statutes to
which he refers, including section
5298, are as completely abrogated
by the act approved by President
Lincoln, Feb. 81, '65, as they pos
sibly could have been by this blu
had the President signed it. A
mere glance at the two measures
will place this proposition beyond
doubt in any mind. 1t is matter
of regret, therefore, that the Presi-
dent should have assumed a posi-
ton SO utterly without foundation.
1t should be borne in mind, howev-
er, that sections 2,002 and 5,52S
neither confer power nor impose
duty upon any officer OF the United
States to keep the peace at the
polls. Congress has no constitu-
tional power to confer such authori-
ty or impose such duty. Both the
power and duty belong exclusively
to the several States, as was dis
tInctly held by the Supreme Court
i'll the comparatively recent case Of
the United States VS.. Cruikshank.
The same principle was also cnun-
ciated by the same court in 1912,
in the case of Pennsylvania VS..
Prigg, t6 Peters e25. Nor can it
be said that the mere power to
execute process carries with it
authority to preserve the peace. If
a marshal should be forcibly resst-
ed in the execution of a process in
his hands, the persons resisting
would, as held in the case of the
United States VS.. Crnikshank, be-
fore cited, be guilty of two distinct
otfenses- -one against the United
States in resisting its process, and
one against the State in violating
its peace and authority. The Uni,
ted States would have no more
jurisdiction of the latter than the
State authorities would of the
former. That this was once the
opinion of the present Secretary of
State is shown by the following
extract from letter OF instructions
to the marshal Of the State of
Florida, written by him on the 29th
of August, 1850, while attorney
general under former administra-
ton: "The special duty and au-
thority in the execution of pro-
cess issued to you, must not be con-
founded with the duty and authori-
ty OF suppressing disorder and
preserving peace, which, under our
government, belongs to the civil
authorities of the States and not to
the civil authorities of the United
States" sit may be repeated,
therefore," says the report, "that
sections 2,OG2 and 5,528 of the re-
vised statntes do not authorize
officers of the United States to keep
peace at the polls, and they Cal. t
be nationally construed to confer
any authority or impose any duty.
The final objection of the Pres
Ident to the bill is that it discrimi-
mates in favor of State and against
national authority by making it
lawful under some circumstances to
use the army to prevent violence in
lIIC COlluuCG vi CtalC ClCCll('iIS ana
unlawful to do so in the condUct OF
national elections. Upon this point
the report says "The common
sense OF the country understands
that all elections in State, whether
for members of Congress or local
officers, are by the same electors
and those electors derive theil
right to vote, as was decided by
the Supreme court in the case o.
Miner vs.. Happensett, 21 Wall
10, from State anG not from tho
United States. 1t is, therefore, as
much the power and duty of tho
State government to maintain peace
} and order at elections for Congress
men as at elections for State officers
In conclnsion the report sums NJ
with the reiterated statement tha
the Fedora! government has no
and cannot derive from Congress
r any right to preserve the peace in