The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1879-05-14

~ Yeur Leave.
The Democratic caucus measure is
Q bill to forbid the President to en.
force the laws of the United States
except by permission of the Govern.
ors aud Legislatures. The President
is required by the Constitution TO
take care that the laws be faithfully
executed" and a. bis inauguration
be is sworn to discharge this duty to
the best of his ability. That be may
have the means Of doing SO he has
been made nder-in Chief OF
the armed forces Of the Nation, aod
be has been empowered BY Congress
10 call out the militia, or u use the
Regular Army or Navy Whenever ia
bis discretion it may seem necessary
Ia order "to enforce the faithful exc
"cution of the laws OF the United
States He is not required TO wait
for the invitation Of the local author
iuies before be begins t. enforce the
Federal laws. The Constitution aud
The S.stuIes both make o clear dis
junction between The enforcement Of
State and Federal authority. "In
case of az insurrection 10 any State
against The Government thereof" the
President is empowered 10 call out
the troops, but only on application OF
the State Executive or the Legisls-
ture. Yet whenever by eason Of
unlawful distractions, combinations,
cor assemblages Of persons. or rebel
Zion against The authority Of the
"Gorernment of The United States, it
"shail b. come impracaicable, in the
Judgment of the President, to en-.
force by the ordinary urs Of ju-
"dicial proceedings the laws Of the
United States within any State or
Territory" then the President has
full power to employ whatever arm
ed force be may deem necessary,
without the previous intervention of
the local authorities. The business
of the State Executive is only TO en-
force the State laws. The execution
Of Federal statutes devolves upon the
President. That there mag never
be even the appearance of military
pressure at the polls, several acts
have been passed to prevent the sta
tioDing of soldiers near the voting
places, except 10 cases Of grave ne,
cessity, which are strictly defined 10
the acts but it has never been pre-
tended until now that on election day
all the Federal Statutes should be of
no effect and the authority of the
Federal Executive entirely suspended
The new bill drawn up by the
Democratic caueus does just this un-
heard-oi-thing. 1t absolutely psral-
Uses the Federal arm whenever an
election is in progress, by providing
that at such times the executive Off
GERS of the National Government
shall not use the only force at their
disposal, unless the Governor or Leg
islature of the State ask for their as
sistsnce. 1t repeats at one sweep all
laws or parts of laws Inconsistent
with this prohibition. 1t makes the
Federal authority subordinate to tina,
of the States-not merely distinct,
but lnterior-and stipulstes that. 81
though the President is required by
the Constitution to take care that all
the laws of the United States are
faithfully executed ut all times, be
shall not perform that duty save up
on the invitation If the State Gov
srnmenls. This is the most revolu-
tionsry assertion Of State sovereign
~ which has been made since the
year of secession. The purpose of
the caucus bill doubtless does not go
beyond the notification OF the cleo
ton laws, but it's practical effect
would extend TO all Federal laws
whatsoever, and if 1t should pass
there is no kind Of offence against the
Uni.ed STATES which might not be
committed with impunity "st any
place where q general or special
election is being held 10 q State"
The authority o. Congress under
the Constitution to pass lays for &C.
curing the freedom and fairness Of
elections at which members Of Con-
gress are TO be voted for is clear aud
undisputed. Because free spd fair
elections canno be bad without the
exercise OF that authority, because
there are almost always clrcums,an-
ces under which State and municipal
governments have q direct interest
10 facilitating fraud and permitting
violence, becsnse in cities like New
fork a fair vote is impossible with
out Federal supervision, and jn States
like South Carolina the dominant
white minority has Dot even the idea
Of free suffrage, Congress bias sp-
pointed Federal officers to see that
in Federal elections every legal vo-
ter shall have 9 foil and fair oppor.
"tanity to vote once, that no o
rshsl, be ellewed to vote more than
"onee. and that pope but legal voters
shall be allowed and empowered to
"vote at ALL" and it has armed che
President with power to perform bis
constitutional duty in the enforce
ment OF the provisions Of the statute.
Not dsring 20 repeal the Law itself,
the Democrats jp Washington now
undertake TO dissrm the President, so
that their red shirts snd repesters
can defy the law, laughing ct the
authority Of supervisors and mar
shsls cpd bunting them from the
But they propose that the
Rife Clubs and Ku klux bands and
armed White Lesgoers shall be a.
lowed TO surround the ballot beg, aud
shoot negro voters. They have no
desire to forbid "bsyonets at the
jar from it They only
wish TO insure that the bayonets shall
be ali 10 the hands Of their own par
~, and that Federal soldiers shsli
never be seen there until they have
!, President Of their own who will uss
soldiers On the Democratic side
n. y. Tribune.