The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-05-13

laws OF tue Cnited STATES, or to suppress
speh rebellion in whatever Stale or Terri
tory thereof the laws OF the United States
may be forcibiy opposed or the execution
thereof sorctbly obstructed.'
THIS ANCIENT AND FUSnAaENTALI.iw
has been In force from the Yoradatson OF
theGovernmeut. tits now proposed to ub.
rogate 1t on certain days and at certain
places. In my judgment no fact has been
produced which tends TO show that 1t ough.
to be repealed or suspended for single
hour at my place In any OF the States or
Territories OF the Union. All the teach
ings OF experience in the course OF our his
tory are in favor of sustaining its efficiency
unimpaired. On every occasion when the
supremacy Of the Constitution has been re-
sisted, and the perpetuity OF our institu-
lions imperilled. the principle of this sta
tute, enacted by the fathers, has enabled the
Government OF the Union to maintain its
authority, and to preserve the integrity Of
the nation. .-.->g.
At the most critical periods OF our history
my predecessors in the Executive Office have
relied on this great principle. 1t was on
this principle that President Washington
suppressed the whiskey rebellion in Penn
sylyania in 1894. In 1896, on the same
principle, President Jefferson broke up the
Burr conspiracy by issuing "orders for the
employment OF such force, either OF the
regulars or Of the militia, and by such pro-
ceedings OF the civil authorities, :
las might enable them to suppress eGectualiy
the further progress OF the enterprise"
And it was under the same authority that
President Jackson crushed nulii6cation in
South Carolina, and that President Lincoln
issued his call for troops to save the Union
in, M hp
| less significance, under probably every adj
miristration, and certainly under the pres
Lent, this power has been useful!y eXerted TO
enforce the laws, without objection by any
party In the country, and almost without
attracting public attention. 81, ~,
THE GREAT ELEMENTARY CONSTITUTIONAL
PRINCIPLE - = ~
which was the foundation of the original
statute OF 1892, and which has been its es-
scnce in the various forms it has assumed
tsInce its first adoption, Is, that the Govern
ment OF the United States possesses under
the Constitution, In full measure, the power
OF seIf.proteciion by its own agencies, alto.
gether independent CT State authority, and,
il need be, against the hostility OF State
governments. 1t should remain embodied
in our statutes, unimpaired, as 1t has been
from the very origin OF the Govern
ment. 1t should be 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
suspended or annulled at the times and
places OF holding elections II the bill before
| me should become law. do not under
tuke 10 furnish list Of them. Many Of
them-perhaps the most OF thenl--haye been
set forth in the debates Oil this measure.
They relate TO eNtmdtion, to crimes against
the election laws, to quarantine regulations,
| to neutrality, to Indian reservations, to the
civil rights OF citizens, and to other subjects.
in regard to them all, it may be safely said
that the meaning and effect OF this bill rs TO
take from the General Government an in-
portant part OF It's power to enforce the
| laws. r.. u.s..
ANOTHER GRAVE OBJECTION TO THE BILL
is its discrimination in favor or the State
and against the national authority. The
presence or employment OF the army or
navy OF the United States Is lawful, under
the terms Of this bill. at.the place where m
election is being held in State to uphold
the authority Of a State government then
and there in need OF such military inter-
Yentiun, but unlawful to uphold the author
ity of the Government OF the United States,
then and there in need OF such military in
PREVENTION. Under this bill the presence
and employment Of the army or navy Of the
United States would be lawful, and might
lie necessary to maintain the conduct OF a
State election against the domestic yio-
llence that would overthrow, it, but
would be unlawful to maintain the con-
duct OF national election against the same
local violence that might overthrow it.
This discrimination has never been at
tempted in any previous legislation Of Con-
gress, and is no more compatible with
sound principles Of the Constitution and
methods OF our system Of government on
occasions OF elections than at other times.
In the early legislation OF 1892 and of 1895,
by which the militia OF the States was
THE ONLY MILITARY POWER EESoRTED TO
for the execution OF the constitutional
powers in support Of State or national ar,-
lthorty, both functions OF the Government
were put upon the same footing. BY the
act OF 1907 the employment of the army
land navy was authorized for the perform
ance OF both constitutional duties in the
same terms.
In all later statutes on the same subject
matter the same measure Of uuthorityato the
Government has been accorded for the per-
Iiormance Of both these duties. No prece-
dent has been found in any previous legis-
lation, and no sufficient reason has been
given for the discrimination in favor OF the
State and against the national authority
which this bill contains. ....-.-
Under the sweeping terms OF the bill the
National Government is efectualy shut on:
from the exercise OF the right, and from
the discharge OF the imperative duty, to
| use its whole Executive power whenever
and wherever required for the, enforcement
OF its laws at the places and times where
Land when its elections are held. The EN-
ployment OF its organized armed forces ifo1
any such purpose would be
AN OFFENCE AGAINST TIE LAW
unless called for by, and therefore upon
permission Of, the authorities OF the State
in which the occasion arises. What is this
but the substitution of the discretion OF the
State governments for the discretion 81 the
Government OF the United States as 10 the
performance OF its own duties? In my
| Judgment this is an abandonment OF its OBJ.
legations by the National Governments
| Subordinaton OF national authority and an
! intrusion OF State supervision over national
duties, which amounts, IN spirit and ten
dency, to State supremacy.
Though beiey that the existing statutes
arc abuudantly adequate to completely pre-
vent military interference with the elections
in the sense in which the phrase Is used in
| the title Of this bill and is employed by the
| people OF this country, shall lind no diff
! Guilty in concurring in any additional legis-
l,S, tod Is i