The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-06-19

except for two specified purposes was
still In force, and that 1t was as much
bis duty under his official oath, to see
that II should be faithfully executed as
any Of the other provisions in the
statutes. NH N
The report aifirms that the power to
establish police regulations may be ne
cessary for the preservation OF domestic
order, and the prevention of violence and
crime. affecting life or property within
their respective limits, belongs exclu
sively to the states, and the Federal
Government can only intervene to pro.
tect a State In the execution Of it's own
laws for that purpose upon application OF
the Legislature, or the Governor when
the Legislature cannot be convened
Supreme Court decisions are quoted in
support OF this position, and the follow
ing extract from letter from the pre-
sent Secretary Of State; while Attorney
General under a former Administration,
sent bv him to the Marshal of Florida
on the 20th of August, 1868 "The special
duty and authority in the execution Of a
process issued to you must not be con.
founded with the duty and authority of
supressing disorder and preserving the
peace, which, under our government, be
longs to civil authorities of the States
and not the civil authorities of the
United States"
The report continues To prevent the
substitution of discretion Of petty snper
eervicable federal officials for law, the
soldier with his bayonet for a civil Off
Ger with his warrant, and other danger.
GUS abuses to which recent experience
of our country has shown it 20 be liable
was the object, and would have been the
only effect of the bill to prevent military
interference at the polls which the Presi.
dent found it impossible to approve.
The third and final objection offered
by the President to the bill is to use his
own language: Its discrimination in
favor Of State and against the National
authority" Under the Constitution the
Federal Government has not, and no
law Of Congress can give it authority to
preserve peace in State, either Az the
polls or elsewhere, unless called upon by
the proper State authorities for that pur.
pose. under circumstances for which the
Constitution was provided. How, there
fore, there could possibly be a discrimi
nation against an authority that does not
and cannot exist, it is difficult to see. 1t
is equally impossible to discover how a
distinct reservation of the power of the
President to suppress an insurrection
against the government of State at any
time or place when properly called upon,
can be said to derogate from the autho
rity of the United States. There is a
single consideration sufficient in itself to
show that the fears expressed by the
President that the bill would subordi
nate National to State authority were
totally unfounded, but which seems
singularly enough to have escaped his
observation under the law as it now
stands and has stood since 1895, The
President is not bound to call for the
militia or to employ the land or naval
forces Of the United to suppress every
riot or popular tumult in State, although
called on by the Legislature or Execu.
tive for that purpose. II the President
should have reason to believe that force
was not called on in good faith, to sup.
press an insurrection against the govern
ment of State, but to be used for any
purpose, in any manner inimicable to
the United States, it would not only be
his right, but his duty to Withhold it.