The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-05-15

authorities as might enable them to SUI
effectually the further progress of the
prise. 1t was under the same authorit
President Jackson crushed nullificati
South Carolina, and that President L
issued his call for troops to save the Tn
1861. On numerous other occasions O
significance, under probably every admin
ton, and certainly under the present, this
has been usefully exerted to enforce til,
without objection by any party in the co
and almost without attracting public attic
The great elementary constitutional prir
which was the foundation of the originals
of 1892, and which has been its essence
various forms II has assumed since it:
adoption, is that the Government of the
States possesses, under the constitution,
measure, the power of self-protecton
own agencies, altogether independent
State authority, and, if need be, again.
hostility of the State Governments. 1t s
remain embodied in our statutes, unimn
as it has been from the origin of the &c
mont 1t should be regarded as hardl
valuable or less sacred than a provision
constitution itself
There are many other important stf
containing provisions that are liable to be
pended or annulled at the times and plat
holding elections if the bill before me
become law.
I do not undertake to furnish list of
Many of them, perhaps most of them,
been set forth in debates on this me;
They relate to extradition, to crimes again
Election laws. to quarantine regulation
neutrality, to Indian reservations, to civil
| of citizens, and to other subjects In reg
them all it may be safely said that the me
ana effect of this bill is to take from the
eral Government an important part of its
to enforce the laws
Another grave objection to the bill is il
examination in favor of the State and
the national authorities The presence
ployment of the army or navy of the
| States Is lawful under the terms of this
the place where al election was being h
a State TO uphold the authority of State
eminent, then and there in the need OF
military intervention, but unlawful to
the authority of the Government of the
| States, then and there in the nee
such military intervention. Under
bill the presence and employment
army or navy of the United States
be lawful, and might be necessary to m.
the conduct of State election against
mestic violence that would overthrow
would be unlawful to maintain tie cond
national election against military DO,
sorted to for the execution of the constit'
powers in support of the State or natiol
thority. Both functions of the Cover
were put upon the same footing. By
OF 1897 tie employment of the arm
navy was authorized for the
| Torrance of both constitutional
ties In the same terms Ii
the later statutes on the same subject
the same measure of authority to the G,
ment has been accorded for the performs
both these duties. No precedent has
found in any previous legislation, and no
| clent reason has been given for the discr
ton in favor of the State and against
| tional authority which this bill contains.
der the sweeping terms of the bill, the Ne
Government is effectually shut out from
else of right and from an imperative du
use it's whole executive power whenev,
wherever required for the enforcement
laws.
In places and times when and where its
tons are held, the employment of its
! lied armed force for any such purpose
| be an offense against the law. unless Gale
by and therefore upon permission of tn
thorlties of the State in which the ocC
arises. What is this but the substitute
the discretion of the State Government
the discretion of the Government of
United States as to the performance {
own dutiesl
In my judgment, this is an abandonme
its obligations by the National Governmel
subordination of national authority an
intrusion of State supervision
national duties which amounts, in spirit
tendency. to State supremacy Althou
believe that the existing statutes are album,
" adequate to completely prevent mil
interference with the elections, in
sense in which the phrase is
in the title of this bill, and is emp
by the people of this cou1try. shall fin
difficulty in concurring in any additional
lation limited to that object which does nc
terfere with the indispensable exercise OF
| powers of the Government and the constit
and laws.
| (Signed) RUTHERFORD B. HAY
EXECUTIVE MANSION. May IL. 1879