The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1879-05-16

authorities as might enable them to suppress
efYectually the further progress or the enter
prise. 1t WAS under tho same authority that
President Jackson crushed nullifcation in
South Carolina, and that President Lincoln
issued his call for troops TO save the Union, IN
1851 On numerous other OCCASIONS OF loss
Significance, under probably every adninistra-
ton. and certainly under the present, this power
has been usefully exerted 10 enforce the laws
without objection by any party IN the country,
and almost without attracting public attention
The great elementary constitutional principie,
which was the foundation OF the original sfatnte
of 11ge, and which has been ITS essence III the
various forms il has assumed since its first
adoption is that the Government OF the United
States possesses, under the constitution, IN fnli
measure, tho power OF self-protection py ,ss
own agencies, altogether independent or the
Stale authority, and, IL need be, against the
hostility of the State Governments Ii should
remain embodied in our statutes, unmpaired,
az it has been from the origin or the Govern
ment. 1t should DO regarded as hardly less
valuable or less sacred than provision OF the
constitution itself.
There are many other important statutes
containing provisions that are liable to be sus-
pended or annulled at the times and places OF
holding elections il the bnl before mo should
become law.
do not undertake TO furnish list OF them.
Many of them, perhaps most OF them, have
been set forth Ia debates on this measure.
They relate to cxtraditioD, to crimes against the
Election laws, to quarantine regulations. 10
neutrality TO Indian reservations, to civil rights
of citizens, and to other subjects. In regard TO
them all il may be safely said that the meaning
and effect of this bill is to take from the Gen
eral Government an important part OF AIS power
TO enforce the laws.
Another grave objection to the bill is its dis
elimination in favor of the State and against
the national authorities. The presence or enl-
ployment Of the army or navy OF the United
States is lawful under the terms of this bill at
the place where election was being held III
a State 10 uphold the authority OF State Gov
ernment then and there in the need OF such
military intervention, but unlawful to uphold
the authority Of the Government OF the United
States then and there in the need OF
such military Intervention. Under this
bill the presence and employment OF the
army or navy of the United States would
be lawful and might be necessary to maintain
the conduct of a State election against the do
nestle violence that would overthrow 1t, but
would be unlawful to maintain The conduct of
national election against military power re-
sorted to for the execution OF the constitutional
powers in support of the State or national au-
ihority. Both functions of the Goyernment
were put upon the same footing. BY the act
of 1877 tie employment Of the army and
navy was authorized for the per-
Torrance OF both constitutional du-
ties in the same terms. La ali
the later statutes OH the same subject matter,
the same measure of authority to tho Govern
ment has been accorded for the performance OF
both these duties No precedent has been
found in any previous legislation, and no suffi-
cieft reason has been given for tho dscrimina-
ton in favor of the State and against the
tional authority which this bill contains. IN
der the sweeping terms of the bill, the National
Government is effectually shut out from exer-
else of right and from an imperative duty, 10
use ITS whole executive power whenever and
wherever required for the enforcement OF its
laws.
In places and times when and where its cleo
lions are held the employment of its organ
lied armed force for any such purpose would
be an offense against the law unless called for
by and therefore upon permission of the au-
thoriies OF the State in which the occasion
arises. What il this but the substitution of
the discretion Of the State Governments for
the discretion of the Government of the
United States as to the performance Of it,
own duties!
In my judgment this is an abandonment of
it's obligations by the National Governments
subordination of national authority and an
intrusion Of Stare supervision over
national duties which amounts, in spirit and
tendency. to State supremacy. Although l
believe that the existing statutes are abundant
~ adequate to completely prevent military
sense in which the phrase ie used
in the title of this Dill, and is employed
by the people of this country, shall find no
difficulty in concurring in any additional legis-
lation limited to that object which does not in
terfore with the ACKNOWLEDGEMENTS of the
powers of the Government and the constitution
aud laws.
tSigned RUTHERFORD B. HAYES.
EXECUTIVE MANSION. May L.. 1879