The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-14
THE BALLOT MUST BE FREE.
AIR. HAYESS VETO MESSAGE VERY CARE
fully EXAMINED IN DETAIL.

nj tho Fraudulent President Is chiefly remark
milo for the disngenuous manner in which IL
nrruos that tho bill enacted by Congress to
rroycnt military Interference Mt elections" re-
roals previous acts empowering the Executive
10 enforce the laws Of the United States and to
suppress instruction. 1t is not claimed that
,he Constitution expressly authorizes the Ex- |
ecutive department to employ tho military |
mower within tho States as the judgment Of the !
President may dictate. but this absurd doctrine !
is inforcntlally argued throughout the message. !
Mr. Hayes asserts that this power has been |
recognized bv Congress. and has become n |
prcs .riptivc right Of tho Executive. Tho act OF /
l7g2 he maintains. was founded upon " great |
elementary constitutional principle" and |
should bc regarded as hardly less valuable or |
lcs- sacred than q provision OF the Constitution
itself" 70 demonstrate the ahsurdity as we'll !
az the soph stry OF this statement. it is only |
necessary to review the history OF tho net Of |
1902 aud all subsequent cnactmonts upon this |
subject.
The Constitution limits tho Executive power
to the command Of the army and navy OF
the United States and the militia Of tho SOW
era States when called into the actual ser
vice 81 the United States &c make treaties and
20 appoint to and remove from oftice by aud
with the consent of the Senate. Tho acts OF
CONGRESS require the approval Of the Executive
before they become laws and their constiiu-
tionaity may bee determined by the Supreme
Court OF the United States. The Constitution ia
the only great charter. and its limitations must
be respected by the Legislative, Executive. and
Judicial departments. There can be- no rights
ac'rung to either 10y prescription.
The act Of 1892 from which Mr. Hayes quotes
asugc paragraph as il it is actually in force
to-day was preceded 10y what vas known as
the Militia at which was the first attempt OF
Congress " to provide for organizing. armng
and dis'iplinng tho militia" Of tho several
S,a;es. and sailing them forth to execute the
laws Of the Union. suppress Instructions. and
repnl inyasions.' Another act" says Hill
Gr,th an authority extremely unfriendy to the
States rights theory authorized the Presi-
dent. In case OF invasion by any foreign nation
or Indian tribe or imminent danger thereof. or
In case Of instruction in any State. applica-
ton being made by its Legislature or
it, Executive. to call forth the militia
Of the State or States most convenient
10 the scene Of action 10y orders issued TO any
militia officers. at his discretion and in such
number as he might Judge necessary" Upon
this same bill was attached a provision which
authorized the Executive. when the Federal
Judge Of the District or Justice Of the SUI
preme Court certified that the processes Of their
courts could not be enforced, 10 call upon the
militia OF the state or States, or land and naval
forces Of the United States. to enforce the laws.
suppress instruction. or put down rebellion.
This provision was vigorously opposed. and its
adoption was only secured by it's Limitation 10
two years. The opposition TO the excise laws in
western PENNSYLVANIA. then violent and suhse-
Quently growing into the whiskey rebellion.
was the inducenent TO the enactment OF this
provision. 1t must be remembered also that
complications with French republicans were
then threatened, and moreover. as Jefferson
NNnE as NAWsN AFaaaN
toward monarchcal institutions in this coun-
try, The desire for strong government. about
which We now hear 80 much from tho advocates
OF n third term for Grant was In 1892 rs Jeiier-
son declares; SO strong IN certain quarters. and
30 persistently and insidiously advocated by
certain men that he denominates 1t a monarchi-
col conspiracy.
Mr., Hayes quotes and refers to as based upon
the great elementary constitutional princi-
pie. " was expressly limited in V duration 70
nncient and fundamental law has been in force
from the foundation Of the Government" and
claims that the bill 70 prevent military inter
ference at elections" abroCates " it on certain
days and at certain places Although section
two oi the act OF 1892 was ia force when Presi-
dent Washington eNerted under II tho power ot
the Federal Government against the whisky
sylvania had been urged to vindicate tho au-
act removed" saws Hildreth ali pretence
for alleging that opportunity had not been
Afforded 10 the State Of PENNSYLVANIA TO vndi-
cate the authority Of the laws by her own
N Min that the certificate was obtained from a
Judge Of the supreme Court, that In the coun-
IL Of Allegheny and Washington the eXccu-
ton Of the laws Of tho United States was OBJ
ktrurtcd by comb nations too strong TO 10 put
down by the ordinary course Of judicial pro-
The Gct Of 1892 expired by Limitation but it
serve the purpose Of suppress lng the whskcy
rebellion. Stirring times followed hard upon
this domestic disturbance. The cmissaries Of
the French republic were active In this country
every effort was made to fomcilt difficulties
with England. The jay treaty had been ncgo-
uaied. and desperate efforts were made to de-
feat H. A Cabinet officer was discovered 10 have
been almost PERSONALLY complicated with the
agents and partisans Of the French republic
Ihcre We're serious npprehensions Of war either
with France or England. and II was NJ this time
and under these circumstances that the act Of
1925 was enacted 10y Congress.
But II II a noteworthy circumstance that in
the enactment OF this law the requirements Of
with 1t provided that If the Legislature Of a
State. or the Governor thereof when the Legis-
lature could not be convened, called upon the
President Of the United States for assistance TO
put down an insurrection, It should he lawful
Tor him e call forth such number Of the militia
OF any other state OF States as he thought neCSs-
sary, And II combinations Of persons toe pow
eriul 70 be suppressed by the ordinary course
~ judicial prucredin gs. or by the inability Of
the marshals aud their posse comitatus 10 cope
with the obstructiouists. then the President
should, by PROCLAMATION, command them 70
dsprrsc within a reasonable time, and upon
their failure SO to do the militia could be- called
ont and used until thirty days after the COM
Tho net OF 1907 made II lawful for the President
y employ the military and naval forces Of the
United States in all cases whore IL would be law
ful for him 20 call forth the militia and employ
them. And this act Of 1907. il must be re-
uemberel. WIS passed ut time when war
with Great Britain was imminent and the
cXcitoment over Burr's conspiracy was still at
fever heat. and q vast extent Of newly-acquircd
territory was the asylum for desperate men
WHO bid defiance 10 every restraint upon their
lavi"ss notions. II WAS nt this time that the
Senate Of the United States pissed q bill sus-
pending for three months the privilege d the
writ 81 hHheas corpus. The danger OF the hour
was considered so great that this extraordinary
measure was deemed necessary by tho Senate (;
but tho House Of Representatives. after pro-
trnrtcd debate. hy decisive majority. refused to
sanction N. II was upon this account that John
Randolph Of Roanoke made his memorable
speech againf the danger Of military power in
which he declared that as men never become
desperately wicked at once. 50 nations are en-
shaved only by degrees
l. Will not, surely, be claimed that under
either Of tho laws heretofore described tho
President of the United States could have en-
pl0yed the military and naval forces Of tho
Union or the militia Of tho States 10 keep tho
peace at the polls. II such an ATTEMPT had been
made prior to 1861 there would have been q
sudden but peacenllG revolution. But the act
Of 1861 greatly enlarged tho Executive power
iu dealing with tho people OF the States in re-