The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-06-27


to which he alludcs, he would have found
that neither Of the four illustrious patriots
referred to either did or proposed to do any
thing which would not have been lawful un-
der the strictcst letter Of the bill which he
now vctoes In proof Of this assertion the
report recitcs the circumstances of the
"Whskey rebellion" of 1893, the conspir.
acy Of Aaron Burr, the notification move
ment of 1882 in South Carolina, and the
outbreak of the late civil war. 1t adds
~ sufiicit mt answer, however, to this objcc-
ton is that it is untrue The various stat
utes to which he refers, Including Section
5,29S, are as completely abrogated by
y President Lincoln, February % 1865, as
they possibly could have been by this bill
if the President had signed it. a mere
4 glance at the two measures will place this
proposition beyond doubt in any candid
mind. 1t is matter of regret, therefore,
that the President should have assumed
position SO utterly without foundation. 1t
should be borne in mind, however, that Sec
tions 2,002 and 5,52S neither confer power
nor impose a duty upon any officer of the
United States to keep the peace at the polls.
Congress has no constitutional power to con-
fer such authority or impose such duty
Both the power and duty belong exclusive
ITO the several States, as was distinctly
~ :, ud by the Supreme Court in the compar-
",tivclyrcccnt case Of the United States VS..
h''1 1ruikshnnk ct al, 2 Otto, SOL. The same
NJ '"fincple was also enunciatcd by the same
in'yourt in 1912. inethc case of Pennsylvania
pi's. Prigg, 1G Peters, 625. Nor can it be
g&id that mere power to execute legal pro-
'ccss carries with il authority to preserve the
y lCacc. If marshal should be forcibly re-
8 ,Ned in the execution of process in his
70 lands, the persons resiStinr would, as held
\ tNs'hc case Of the United States VS. Cruik-
a o. INKS, before cited, be guilty Of two dis,
o It offences one against the United States
Kin resisting its process, and one against the
!; State in violating its peace, and the author
ites of the United States would have no
more jurisdiction of the latter offence than
the State authorities would of the former.
- secretary of State is shown by the fol-
Eng extract from a letter of instructions
;rAl,c marshN of Florida, written Ly,.,in' LIN
unfa-sh ::5rmer adminis:r5ri I'll -" iii Iii
>rreclal duty and authority in the execution
OF the process issued to you must not be con
founded with the duty and authority ofsup.
pressing disorder aud preserving the peace, /,
wh'ch nno|cr onr GoDcTnmcmt bclonyS tn the
cicH duthOriticS of the State und not to tie
ciOH 0mhoritics ofMc Inicd .StutS." 1t :
moy be repeated therefore, says the report,
that Sections 2,002 and 5.A'e ~ -"
Statutes do ~. ...;.u,ize othccrS oi the
United states to keep the peace at the polls,
and they cannot be nationally construed to
confer any authority or impose any duty.
The final objection Of the President to
the bill is that it diScriminatcs in favor of
State and against National authority, by
making it lawful, under some circumstances,
to use the army to prevent violence in the
conduct Of State elections and unlawful to
do so in the conduct Of National elections.
The common sense of the country under
stands that all elections in Il State, whether
for members Of Congress or local Offices,
are by the same electors, and those electors
derive their right to vote, rs was decided by
,hc Supreme Court in the case Of Miner VS..
IIuppcnsett, u Wall, l79, from the State
and not from the United States. 1t is
therefore as much the power and duty OF
the State government to maintain peace and !
order at elections for congressman as at
elections for State officers.
In conclusion, the report sums up with |
the reiterated statement that the Federal |
| Government has not and cannot derive from
Congress any right TO preserve the peace III
State either at the polls or elsewhere, un-
less called upon by the proper State author
| tiles, and that it is difficult to see how the
distinct reservation to the President Of the
power to suppress insurrection against !,
State, when properly called on, can be said
to dcrogate from tho authority Of the Uni
ted States The report closes with the re-
quest of the committee TO be discharged
from further consideration Of the subject.
SELF.TAuGIT.-Many men are said to
be scii:taught. No man was ever taught
anv other way. Do you suppose man is
bucket, to be hung on the well of knowledge
and p lmped full Man is a creature that
learns by the cxcrtion of his own faculties.
There are aids to learning of various kinds;
but no matter how many Of these aids a
man be surrounded by, after all, the learn
ing is what he himself acquires. And
whether in college or out of college, in
| sobo,l or ,ut nf ccbool rvcry man must