The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-05-12

states Or territories. All teachings Of ex-
perience in the course of our history are in
favor OF sustaining its efficiency unim-
paired. On every occasion when the su-
premacy of the constitution has been re-
sisted and the perpetulty of our institutions
lmperled the principle of this statute, en-
acted by the fathers, has enabled the gov
ernment Of the Union to maintain its au-
thOrlty and preserve the integrity of the
nation at the most critical periods of our
history. My predecessors in the executive
otiice have relied on this great prin-
cip!e. 1t was on this principle that Presi-
dent Washington suppressed the whisky
rebellion 10 Pennsylvania in 1894. In
1910, on the same principle,
President Jefferson broke up the Burr
conspiracy, by issuing orders TOR the EN-.
ployment OF such force, either regulars or
militia, and by such proceeding of the
civil authorities as might enable them to
suppress etfectualIy the further progress
or the enterprise. 1t was under the same
authority that President jackson crushed
nullhcatlon in South Carolina; that Pres
ldent Lincoln issued his call for troops tn
save the Union IN 1861. On numerous
other occasions of less significance, under
probably every administration and certain
y under the present, this power has been
usefully exertcd to enforce the laws, with
out objection by any party in the country,
and almost without attracting public atten
ton, The great elementary constitutional
principle which was the foundation of the
original statute of 1892, and which has
been its essence in the various forms it
has assumed since its first adoption. is
hGf fho - Al. Ga
possesses, under the constitution, in full
measure the power of self protection
by It's own agencies, and altogether
independent Of state authority it need be
against the possibility of state govern
ments, and it should remain mbodied in our
statutes, unImpaired as it has been from
the very origin Of the government, 1t
should be regarded as hardly less valu-
able or less sacred than the provision of
the constitution itself. There are many
other important statutes containing pro-
visions that are liable t. be
suspended or anu!led at the time
and places Of holding elections, if the bill
before me should become a law, | do not
undertake to furnish list of them. Many
OF them, perhaps most of them, have been
set forth in the debate on this measure.
They relate to extradition; to crimes
against the election laws to quarantine
regulations; to neutrality; TO Indian reser-
vatlOns; to citizens, ana to other subjects,
In regard to them, it may be safely said
that the meaning and effect of this bill is
to take from the general government an
important part OF It's power to enforce the
laws. Another grave objection to tie bill
is in the discrimination in favor of the state
and against the national authority,
| The presence or employment of the army
or navy Of the United States, is lawful,
under the terms of this bill, at the place
where an election is being held in a state
to uphold the authority of state govern
ment, then and there in need OF such mill
taTy intervention, but unlawful to uphold
the authority ct the government
OF the United States then
aud there, in need of such military inter.
ventiop. Under thisibill the presence and
employment of the army or navy of the
United States, would be lawful and might
be necessary to maintain the conduct of 6
state election against the domestic violence
that should overthrow it; but It would bG
unlawful to maintain the conduct of na
tiOnal election against the same local via
} ence that would overthrow it, This dis
elimination has never been attempted ii
any previous legislation by congress. ant
is no more compatible with the principles
! OF the constitution, OF necessary maxim
: and methods OF our system Of governmer
, on the occasion of elections. than at othe
times In the early legislation of 1892 an(
l795, by which the militia OF state:
: was the only military pow
: er resorted to for the execution Q
! the constitutional powers in Capport 0
state or national eCthoT.ty. Both function
: of the government were put upon til
: same footing by the act of 1907. The en-
s ploymeut Of the army and navy was au
} thorized for the performance Of both oon
e stitutional duties 10 tho game terms, in aI
= the statues oa the same subject matter. Th
! same measure of authority to the govern
2 ment has been accorded for the perFOrm
t auce of both these duties. No preceden
C has been found in any previous Legislation
, and no sufficient reason hag bean given fo
: the Discrimination ia favor of state an
: against the national authority, which thi
t bill contains. Under the sweeping term
= OF the bill the national government is efec
tually shut out from the exercise or righ
: and from the discharge cf the imporatiy
d d duty to use its whole executive poWe
{ whenever and wherever required for til
e enforcement Of its laws.
! 10 places and times where and when il
'e elections are held the employment of il
. organized, armed forces for any such puI
: pose would be an offense against the lav
h unless called therefore upon permi;
a sion o.! tae authorities Of the station
d which the occasion arrives. What is th
y bat the substitution of the discretion
d the states governments for the discretio
'e OF the government of the United States
y to the performance of its own duties.
my judgment this is Abandonment of i
v obligation by the national government,
IT subordinatiol Of national authority aud a
intrusion of state supervision over nation
e duties, which amount, in spirit and te
r dency, to state supremacy.
Although | believe that the existir
m statutes are abundantly adequate to cor
i pletely prevent military interference wi
ne the elections in the sense in which Il
r phrase is used in the title Of tA.s bill al
ed is employed b7 the people
ne he this country, [ shall find difficulty
= ooncurring in any additional legislati,
in limited to that object, which is the ind
pensible exercise of the powers of the go
Dc ernment and the constitution and laws.
10 (Sigued) RUTHERFORD B. HAYES.
80 Executive Mansion, May 18th 1879.