The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-06-12

- - ss@s 49, = .a,-Ar /. ! .s q
authority or impose such duly. Both Tho
power and duty Belong exclusively to ID,
several Slntess as was distinctly held by tho
supreme Court In the comEarattye.y raceDI
| case OF the United States Us. Cruiks.lank et
al, I'd Otto. SOL. The same principle wan
| also ennHciated by the same court in 1879 in
the c1se Of Pennsylvania Us. Pri-g. 1911,
Peiers.G2-5. Nor cap il be said that the mere
poweTto execute legal process carries with
| it the authority to preserve the peace. IL q
marshal should be forcibly resisted in the
execution OF 4 process in bis hands the per-
sons resisting would, az held in the case of
the United States rs. Cyuikshank. before
cited. be guilty OF two distinct offences
one against the United States in resisting
us process, and one against the State in vio-
lafing ITS peaee-aId the authorities Of the
oalted States would have no more jursdic-
tlon OF the latter offence than the State
authorities would have OF the former. That
THIS was once ehe opinion OF the present
Secretary OF State is shown by the follow
ing extract from a letter OF Instructions to
The marshal OF FLORIDA, written BY him Au-
gust 20, 1860, while Attorney General under
former Administration The special
duty and authority in the execution OF the
process Issued to You must not be con-
founded with the duty and authority OF
suppresslng disorder or preserving the
peace, uhich, under our Government, be-
longs to the cirit authorities of the States,
and not 10 the ciUH authorities of the United
StdteS.' +" 1t may he repeated, therefore,
says the report, "that sections POOP and
5298 Of the Revised Statutes do not author
ize officers of the United States to keep the
peace at the polls, but merely otherwise In
cur, and they cannot be nationally con-
strued to confer any authority or impose
any duty"
The final objection OF the President to
the bill Is that 1T diScrminates in favor OF
| State against NATIONAL authority by making
| 1t 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. Upon
this point the report says: "The common
sense OF the country understands that all
elections in State, whether for members
OF Congress or local officers. arc by the
same ELECTORS, and those electors derive
| their right TO vote, as was decided by the
Supreme Court in the case OF miner Us.
Huppensett, 81 Wall, 170,' from the State
and not from the United States. II 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 in Il State. either at the polls or else
where, unless called upon by the proper
State authorities; and that it is difficult to
see how the distinct reservation to the Pre-
sldcnt OF the power to suppress insurrec-
ton against State when properly called
upon can he said to dero"ate from the au-
thorty Of the United States.
The report closes with the request OF the
committee TO be discharged from further
consideration OF the subject.