Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-05-16
THE VERMONT PHGNIX BRATTLEBoRO. FRIDAY,

OF less Significance, under probably every ad-
ministratiou, and certainly under the present
this power has been usefuly exerted 10 en-
force the laws without objection by any par
ty in the country, and almost without attract
ing public attention. The great elementary
constitutional principle which was the foun.
dntion of the original statute Of 1892. and
which has been its essence in the various
forms it has assumed since its first adoption.
is that the government of the United States
/ possesses under the constitution, in full meas
urc, the powers of self proteution 10y its own
| agencies altogether independent of state au-
/ thOrity, and, # need be, against the hostility
of state governments. 1t should remain en-.
bodied IN our statutes unimpaired. rs it has
/ been from the very origin of the government.
/ 1t should he regarded as hardly less valuable
or less sacred than provision of the consti-
! tuition itself
There are many other important statutes
| containing provisions liable to be suspended
| or annulltd Mt times and plnces of holding
elections, If the bill before me should become
law. l do not undertake 10 furnish Il list of
them. Many OF them, perhaps most of them.
have been set forth in the debates on this
measure. They relate to extradition, to crimes
against the election laws TO quarantine regu-
lations to neutrality. to Indian reservations,
to the civil rights of citizens and to other
subjects. In regard to them all it may safe.
~ be said that the meaning and effect of this
| bill Is to take from the general government
AN important part of its power to enforce the
laws
Another grave objection to the bill is its
discrimination in favor of state and against
national authority. The presence or employ
ment OF the army or navy of the United
States is lawful, under the terms of this bill.
at the place where an election is being held
IN a state to uphold the authority of "A state
government then aud there in need of such
military Intervention, but unlawful to uphold
the authority OF the government of the Uni
ted States then and there in need of such mil
itary Intervention. Under this bill the pres
cnce 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 domestic violence that
would overthrow it, but would be unlawful to
maintain the conduct of "A national election
against the same local violence that would
overthrow it. This discrimination has never
been attempted III any previous Legislation by
congress, ana Is no more compatible with the
sound principles of the constitution or the
necessary maNims and methods of our system
OF government on occasion Of elections than
at other times.
In the early Legislation of 7a2 and Of 795.
by which the militia of the states WIS the on
IL
ton Of constitutional powers in support of
stat" or national authority, both functions Of
the government were put upon the saline foot
ing. by the act Of 1907 the employment of
the army and navy was authorized for the
performance of both constitutional duties in
the same terms. In all later statutes author
lty to the government has been accorded for
the performance of both these duties No
precedent has been found in any previous
l.tF .l4ff.. 4
the discrimination III favor OF state and against
national authority which this bill contains.
Under the sweeping terms of the bill the ma
tonal government is ehectually shut out from
the exercise of the right, and from the dis
charge of the imperative duty to use it's whole
executive power whenever and wherever re-
qulrcd for the enforcement of it, laws at the
places and times where and when Its elections
are held. The employment Of its organized
armed forces for any such purpose would be
an oiiense against the law unless called for
by aud Therefore upon permission of the au-
thorities Of the state i'll which the occasion
arises What is this but the substitution Of
the discretion of the state governments for
the discretion of the government of the Uni
ted States as to the performance of its own
duties: In my Judgment, this is an ahan-
donment of its obligations by the national
government, n subordiuntion of national au-
thority and an intrusion of state supervision
over national duties, which amounts in spirit
and tendency 70 state supremacy.
Though | believe that existing statutes are
abundantly adequate to completely prevent
military interference with elections IN the
sense in which the phrase j. used IN the title
of this bin and is employed 10y the people Of
the country, ! shall hnd no difficulty in con
curing IN any additional legislation limited |
to that object which does not interfere with
the indispensable exercise of the powers Of
the government under the constitution and
laws.
RUrHEEFoED i. HAYES.
EIcro'irC .Ha'tsioH, May II, 1879.