The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-06-21

VhloSi Ut Other person engaged IN the civil,
military or naval service Of the United
States shall order, bring, keep or have
under his authority or control any troops
or armed men at the place where any gen
eral or special election is held in any
State unless it be necessary to repel the
armed enemies of the United States; or to
keep the peace at the polls, aud that every
oficer Of the army or navy or other per-
son IN the civil, military or naval service Of
OF the United States who orders, brings,
keeps or has under his authority or control
any troops or armed men at any place
whore general or special election is held
in any State, unless such force shall be
necessary to repel armed enemies Of the
United States or to keep the peace at the
polls, shall be fined not more than IS 900
and suffer Imprisonment at hard labor not
less than three months nor more than Eve
years Comment would be superHuous.
The mere reading of these provisions is
sufficient to expose the fallacy Of the OBJ
lection. If the bill vetoed by the Prcsi-
dent would have the effect to abrogate or
suspend at any time or place any Of the
laws referred to in the message, it cannot
be denied by any one making the slight
est pretentions to intelligence or candor
that the same is eqally true Of sections
2O02 and 1928 as they now stand. It is
matter Of regret, therefore, if not of sur
prise, that the President should have
permitted himself, whether from over anx-
iety to find reasons in support Of prede-
determined veto or from mere inattention
to the provisions Of existing law, to assume
position so utterly devoid of foundation
in fact While Indignantly protesting
against the national governments being
effectually shut off from the exercise Of the
right, and from tho discharge of the i'm
perative duty to use its whole executive
power wherever aud whenever required
for the enforcement of the laws, he seems
to have totally forgotten that the law ap
proved by Mr.. Lincoln on the 9th Of
February, 1865, making it high INSIDE
meanor in him or any other officer Of the
United States to employ armed men at a
State election, except for two specified
purposes, was still in force, and that it was
as much his duty under his, official oath
to sec that il should be faithfully executed
as any other provision in the statutes. 1t
should be borne in mind, however that
sections POOP and 5525 neither confer the
authority nor impose the duty upon any
officer Of the United States ''to Keep the
peace at the poll" at an election 10 a
State Congress has no power under the
constitution TO confer any such authority
or to impose any such duty if il would
The power TO establish such police regula
tions as may be necessary for the preser.
vatlon Of domestic order aud the preven.
tion Of violence and crime, affecting life
or property within their respective limits
belongs exclusively to the several States
and the Federal government can only in.
teryeno to protect the State in execution
of its own laws for that purpose upon ap.
plicatlon Of the Legislature, or the Cover
nor, where the Legislature cannot BE-
convened.
This doctrine was distinctly held by til,
, S;preme Court in the comparatively recen
case Of the United States VS.. CruikshanI
ctal., q Otto, 551.) Chief Justice Waite
delivering the opinion of the court, said
HThe government Of the United States i:
one Of d:legated powers alone. It's au
thority is defined and limited by the con
titution. All powers not granted to it BY
that instrument are reserved to the States
or the people. No rights can be acquired
under the constitution or laws Of the Uni
| ted States except such as tue goyernmen,
of the United States has tho auth rity L
grant or secure. All that cannot be SC
granted or secured are left under the iuris
dictlon ofthe State ;"and again in the sam,
case (p $3.50 the court says ;-"The charg,
made Is really nothing more than con
spiracy to commit breach Of the peace
within State. Certainly il will not b,
claimed that the United States have Tho
power or are required TO do mare polio,
| duty in the States. IL State canuo
i protect itself against domestic violence, tn,
United States may, upon the call of tn,
executive, when the Legislature cannot b
convened, lend It's assistance for that pur
pose, and the same principle was an
nounced by the Supreme Court in 1874.
10 case Of Pennsylyania VS.. Prigg, (If
Peters, 625) Judge Story, after main
tanning the exclusive power OF Congress 4
legislate in relation to the extradition oI
fugitive slaves, says;-"To guard, how
ever, against any possible miscoustruciior
Of our views, il is proper 10 state L at W.
are by no means TO be understood in an,
manner to doubt or to interfere with ths
| police power belonging to the States ID
virtue Of their general sovereignty. Thai
police power stands over all subjects within
the territorial limits Of the States, and ha.
never been conceded to the United States :
Nor can it be said that the mere power
to execute legal process carries with Il the
authority to preserve the peace. If !
marshal should be forcibly resisted in The
execution Of process in his hands the per,
sons offering such resistance would. as was
held by the Supreme Court IN the ease Of
the United States vs.. Cruikshanks ct al
above cited, be guilty Of two distinct Of
lenses one against the sovereignty Of tho
United States in resisting its process, and
the other against the sovereignty Of the
State by violating its peace; but the au
thorlties Of the United States would have
no more jurisdiction Of the latter offenss
than those Of the State would have of the
tormer The offender must answer fol
each under the laws aud to the authoritie.
OF the proper sovereignty. That such
! N s.n. -. 80 IL. 4 n