Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-05-14
The Presidents Veto.


The President refers in the opening of his
message to the remarks made in his first mes
sage, showing that there is no danger under
present laws of military interference ut cleo
tons The bill presented to him is therefore
unnecessary. and moreover is dangerous de-
parture from long settled and important con-
stitutional principles.
The bill is drawn that it will seriously
impair the efficiency of the Executive De
partment of the government. The President
then quotes the various acts passed since l7"2
authorizing the use of military power to exc
cute the laws The President then cites
the existing statutes and adds.
This antecedent and fundamental law has
been in force from the foundation of the gov
eminent. 1t is now proposed to abrogate 1t
on certain DAYS and at certain places. In my
Judgment no fact has been produced which
tends to show it ought to be repealed or sus-
pended for a single hour at any place, in any
of the States or territories of the Union. All
the teachings of experience in the course of
our history are in favor of sustaining its eff
cheney unimpaired. On every occasion when
the supremacy of the constitution has been
mpcried the principle of this statute has
enabled the government to maintain the au-
thoritv of the nation. At the most critical
periods of our history my predecessors in the
Executive Office have relied on this great
principle. 1t was on this principle that Wash
ngton suppress sed the whiskey rebellion in
Pennsylvania in 1894. In 1906 on the same
principle Jefferson broke up the Burr
conspiracy by issuing orders for employment
of such force either of regulars or militia, and
by such proceeding of civil authorities as
might enable them to suppress ctfcctually the
further progress of the enterprise And II
was under the same authority that jackson
crushed qualification in South Carolina. and
that Lincoln issued the call for troops to save
the mon in 1861. On numerous other oc
casions of less significance under probably
every administration. and certainly under the
present this power has been usetully employed
to enforce the laws without objection by any
party in the country and almost without at
tracing public attention,
The great elementary constitutional princ-
pie which j. found originally in the statute of
l792 and which has been its essence in the
various forms it assumed since the first adop-
ton is that the government of the United
States possesses under the constitution in full
measure the power of self protection by its
own agencies altogether independent of State
authority, and if need be, against the HOSTILE
~ of State governments. Ii should remain
embodied in our statutes unimpaired as it has
been from the very origin of the government.
1t should be regarded as hardly less valuable
or less sacred than a provision of the consti
tuition itself There are many other import
ant statutes containing provisions liable to be
suspended or annulled at times and places of
elections if the bill before me should become
Il law do not undertake to furnish list of
them, many of them. perhaps most of them,
having been set forth in the debates on the
measure. They relate to extradition, crimes
against election laws, to quarantine regula-
tions. to neutrality Of Indian reservations. to
civil rights of citizcus and to other subjects.
In regard to them all it may be safely said
that the meaning and effect of the bill is to
take from the general government an import
ant part of its power To enforce the laws.
Another objection to the bill is its discrim-
ination in favor OF the State against the ma
tional authority The presence or employ
mcnt of the army or navy Of the ntcd
States is lawful under the terms of this bill
at any place where an election Is being held
in the State to uphold the authority Of the
State government then and there in need of
such military intervention but unlawful to
uphold the authority of the government of
the United States then and there in need of
such military intervention. lnder this bill
the presence and employment of the army or
navy of the nited States would be lawful
and might be necessary to maintain and con-
duet State election against domestic vio-
lence that would overthrow it. But it would
be unlawful to maintain and conduct nation
al election against the same local violence
that would overthrow it. This dscrinlina-
ton has never been attempted in any previous
legislation by Congress and is no more COM
patible with the sound principles of the Consti
tuition or the necessary maxims and methods of
our system of government on the occasion
of elections than at other times. In the ear
y legislation OF 1892 and 1875 by which the
militia of the States was the only power re-
sorted to in the execution of Constitutional
powers in support Of State or national author
ty both functions of government were put
upon the same footing BY act of 1906 the
employment of the army and navy was au-
thorized for the performance of both const-
tutional duties in the same terms In all the
later statutes on the subject authority has
been accorded the government for the per-
Torrance of both these duties. No prece-
dent has been found in any previous legis-
lation and no sufficient reason has been given
for discrimination in favor of State and
against national authority which this bill con-
tains
Under the sw coping terms of the bill the
national government is eiiectualy shut out
from the exercise of its rights and from the
discharge of its imperative duty to use its
whole executive power wherever and when
ever required for the enforcement of its laws
| at places and times where and when its elec-
tions are held. The employment of its or
gaLized and armed forces for any such pur-
pose would he an offence against the law I'M
less called for by and therefore upon per-
mission of the authorities of the State in
which occasion arises. What is this but sub
stitutlon of State governments for the dis
erection of the government of the United
States as to the performance of its own du-
! ties. In my judgment this is the abandon
ment of its obligation by the national govern
ment, subordination Of national authority
aud an intrusion of State supervision of ma
tonal duties which amounts in spirit and ten
dcncy to State supremacy. Though | be-
lieve that the existing statutes are abundant
~ adequate to prevent military interference
with elections in the sense in which the phrase
is used in the title of this bill, and is en-