The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1879-05-20


of the Government. IL is now pro-
posed 10 abrogate il on certain days
and at certain places. In my Judge
ment no fact has been produced which
tends 10 show that il ought 10 be re-
pealel or suspended for a single hour
at any place in any of the States or
Territories OF the Union. All teach
ings Of experience in the course OF our
history are in favor OF sustaining its
efficiency unimpaired. On every occa-
sion when the supremacy Of the Con-
stitution has been resisted Ind the
/ perpetuity OF our institutions imperil-
ed, the principle OF this statute. enact
ed by the fathers, has enabled the
Government Of the Union TO maintain
I its authority and preserve the integri-
ty OF the nation. At the most critical
periods OF our history my predecessors
in the Executive Office have relied on
this great principle. Ii was on this
principle that President Washington
suppressed the whisky rebellion in
Pennsylvania in 1899. In 1906 on the
same principle, President Jackson
broke up the Burr conspiracy by issu.
ing orders for the employment OF such
force, either of the regulars or OF the
militia, and 10y such proceedings OF the
civil authorities as might enable them
TO suppress effectually the further
progress OF the enterprise. Under the
same authority President Jackson
crushed nullilcation IN South Carolina.
aud President Lincoln issued his call
for troops to saye the Union in 1861.
On numerous other occasions Of less
significance, under probably every ad
ministration, and certainly under the
present, this power has been usefully
exerted to enfoIce the laws without ob.
lection by any party in the country.
and almost without attracting public
attention. The great elementary con.
stitutienal principle which was the
foundation Of the original statute Of
1892, and which has been its essepce
ia the various forms IL has assumed
since its first adoption, Is that the
Government OF the United States pos
sess under the Constitution in full
measure the power Of selfprotection
by its own agencies, altogether indie 1,
pendent Of State authority. and II need
be against the hostility of the State
governments. IL should remain en-
bodied in our statntes unimpaired, as
il has been from the origin OF the Gov
ernment 1t should be regarded as
hardly less valuable or less sacred than
the provisions OF the Constitution it.
self. There are many other important
statutes containing provisions that are
liable 10 be suspended or annulled II
the bill before me should become a
law. do not undertake 10 furnish q
list OF them. Many of them, perhaps
most OF them, have been set forth III
the debates on this measure. They
relate 10 extradition, to crimes against
election laws, TO quarantine regula- {.
tions, 10 neutrality, TO Indian reservn- !
tions, to civil rights OF citizens, and 70
other subjects. In regard to them all
il may be safely said that the meaning
and effect OF this bill is 10 take from
the General Government An important I
part of its power to enforce the laws.
Another grave objection TO this bill I
Is it, discrimination in favor OF the I
State and against the national author 4
tiles. The presence or employment OF
the army or navy OF the United States I
is lawful under the terms OF this bill. 4
at the place where an election is being 4
held ia Il State TO uphold the authori-
ty Of State government, but unlsw- I
ful 10 uphold the authority OF the I
Government OF the United States -
Under tins bill the presence and EN- /
ploymeut OF the army or navy Of the I
United States would be lawful and
might be necessary TO maintain the /
conduct Of q State election against the /
domestic violence that would over
throw II, but would be unlawful 10
maintain the conduct of national
election against the same local violence
that would overthrow il. This dis
elimination has never been attempted
by any previous legislation by Con
sress, aud il no more compatible with
the principles OF the Constitution or
the necessary maxims and methods OF
our system OF Government on occa-
sion OF election than at other times. -
In the early legislation OF 1872 and
1875, by which the militia OF the States
was the only military power resorted
10 for the execution Of constitutional
powers in support Of State OF national
authority, both functions OF the Gov
erument were put upon the same foot
ing. BY the act OF 1907, the employ
ment OF the army and navy was au-
thorized for the performance OF both
constitutional duties in the same terms.
In all later statutes on the same sub
iect matter, some measure OF authori-
ty 10 the Government has been accord
ed for the performance Of both these
duties. No precedent has been found
in any previous legislation, and no
sufficient reasons have been given for
the discrimination in favor Of the State
aud against the national authority
which this bill contains. Under the
sweeping terms Of the bill the national
Government is effectually shut out
from the exercise Of the rights and
from the discharge Of the imperative
duty 10 use its whole executive power,
whenever and wherever required, for
the enforcement OF it's laws ia places
and times where and when it's elections
are held. The employment OF its or
ganized armed forces for any snch pur-
pose would be an offense against the
law, unless called for by. and therefore
upon tie permission OF the authorities
Of the State IN which the occasion
arises. What IL this but the substitu'
tion Of the discretion Of the State gov
ernments for the discretion Of the
Government Of the United States as to
the performance Of it's own duties? In
my judgement this is the abandon
ment OF its obligations by the Nation
al Government, subordination oil na.
tonal authority, aud "a intrusion Of
State supervision over national duties
which amounts, in spirits and isnden-
cy. TO State supremacy.
Although | believe that the existing
statutes are abundantly adequate TO
completely prevent military interfer'
ence with the elections, in the sense IN
which the phrase is used IN the title OF
this bill. and is employed by the peo-
Pile Of this country, / shall find no dif.
hculty in concurring in any additional
I legislation limited 20 that object which
does not interfere with the indispensa-
ble exercise Of the powers OF the Gov.
ernment and the Constitution aud
/ laws. RUrHRRFoRD Is. HAYES.
EXECUTIVE MANSION. May IL. 1879