The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-05-15
sttution and was approved by President Wash
ingtOn, May a. l702 Il Is as follows

oldlb Dy COmDluHUOub 10 powerful 10 Db cup
pressed by an ordi1ary course OF Judicial pro-
Ceedings or by the powers vested In Marshals by
this act the same being notified to the President
OF the United States by an Associate Justice or
District Judge II shall be lawful for the Presi'
dent OF the Mnited States to call forth the militia
ry Of such State 10 suppress such combinations
and TO cause the laws 10 be duly executed, aId
II the militia OF a State where such combinations
may happen shall refuse, or he insufficient 10
suppress the same, 1t shall be lawful for the Pres
ident II the Legislature Of the United States be
not In session, to call forth and employ such
numbers of militia Of any other State or States
most convenient thereto, as may be necessary,
and the use OF the militia so to be called forth
may be continued II necessary, until the expira.
ton OF thirty days after the commencement Of
the ensuing session."
In 1895 this provision was substantially re-en'
acted in law which repealed the act of 1892. In
1907 the following act became the law by the ap-
prOval Of President Jetf9rsOn:
THAT In all cases Of insurTectlon or obstruction
TO the laws, either Of the United States or OF any
individual State or Territory, where II is lawful
for the President Of the United States to call forth
the militia for the purpose OF suppresSing euch
insurrectOn, or of causing the laws to be duly
executed, II shall be lawful for him to employ for
the same purposes such part OF the land or naval
force Of the United States as shall be judged nee
essary having first observed all the prerequisites
Of the law In that respect"
By this act It will be seen that the scope Of the
law OF 1895 was extended so as TO authorize the
National Government to use not only the mill
tia but the army and navy of the UniLed states In
causing the laws to be duly executed"
The imnortant provision OF the acts Of 1872,
1896 and 1907, modified in It's terms from time TO
time, TO adapt 1t to the existing emergency, re-
matned In force until, by an act approved by
President Lincoln, July 29lh, 1861 II was re ell
acted substantially in the same language IN
which 1t is now found In the ReVisek Statutes
viz:
Sec, 529S Whenever by reason Of unlawful
distractions, combinations or assemblages OF per
sOus, or rebellion against the authority OF the
Government of the United States II shall become
impraCticable, In the judgment OF the President
to enforce by the ordinary course judicial pro-
CeediDgs, the laws Of the United States within any
State Territory II shall be lawful for the Presi
to call forth the militia Of any or all States and to
employ such parts Of the land aud naval forces
OF the United States as he may deem necessary to
enforce the faithful execution Of the laws OF the
United States or to suppress such rebellion, in
whatever State or Territory thereof, the laws OF
the United States may be iorcbly opposed, or the
execution thereof fOrcby Obsructed."
This ancient and fundamental law has been IN
| force since the foundation of the government
1t is now proposed to abrogate it on certain days
| and at certain places. In my Judgment no TACT
| has been produced which tends 10 show that 1t
| ought to be repealed or suspended for single
hour, at any place, in any OF the states or Terri
tories Of the Union, All the teachings nf expert.
| enCe in the course of our history are In favor Of
sustaining its efficiency unimpaired on every oc
casion when the supremacy OF the Constitution
has been resisted and the perpetuity OF our inst-
tutiOns imperlled. The principle of this statute
enacted by the fathers has enabled the Govern.
ment Of the Union to maintain It's authority and
to preserve the integrity of the nation at the most
critical periods of our history.
Ny predecessors in the Executive office have
relied on this great principle. 1t was on this
principle that President Washington suppressed
the whisky rebellion in Pennsylvania In 1884,
"A m nFtn1tnlp President
son broke up the Burr conspiracy by issuing or
ders for the employment of such force, either Of
| the regulars or OF the militia, and by such pro
ceedings Of the civil author ties as might enable
them TO suppress effectually the further progress
OF the enterprise. 1t was under the same author
| ity that President Jackson crushed notification
| in South Carolina, and that President Lincoln is
sued his call for troops 10 save the Union IN 1861
On numerous other occasion S OF less significance,
| under probably every Administration and GER
tainly under the present, this power has been
| usetully eXerted TO enforce the laws without OBJ
lection by any party in the country, and almost
without attracting public attention. The great
elementary constitutional principle which was
the foundation of the original stat te OF 1898, and
which has been its essence in the various forms
II has assumed since It's first adoption, is that the
Government of the United states possess, under
the Constitution, in full measure, the power Of
selfprOteCtOn by its own agencies, altogether in
dependent Of State authority, If need be, against
the hostility of State Governments.
1t should remain embodied in our statutes un
impaired, as it has been from the very origin Of
the Government II should be regarded as hard.
ly less valuable or less sacred than the provision
OF the Constitution itself. There are many other
important statutes containing provisions that are
liable to be suspended or annulled at times and
places of holding elections II the bill before me
should become law. do not undertake TO tur.
nish list OF them. Many of them, perhaps most
of them, have been set forth in debates on this
measure. They relate to extradition, to crimes
against election laws to quarantine regulations,
10 neutrality to Indian reservations, to the civil
rights Of citizens and to other subjects. In re-
gard TO them all, 1t 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 tn enforce the laws
Another grave objection to the bill is its dis.
contamination in favor of the State and against
the National authority. The pressure or employ
ment of the army or navy of the United States is
lawful der terms of this bill at the place where
an election is being held In State, to uphold the
authority of State Government, then and there
in need of such military intervention, but unlaw-
full to uphold the authority of the Government OF
the United States, then and there in need Of such
military Intervention.
Under this bill, the presence and employment
of tue army or navy of the United States would
be lawful and might be necessary to maintain
the conduct Of the State election against the do.
nestle violence that would overthrow II, but
would be unlawful to maintain the conduct of
natiOual election against the same local violence
that would overthrow It, This discrimination
has never been attempted in any previous legis-
lation by Congress, and is no more compatible
with sound principles Of the Constitution or nee
essary measures and methods Of our system Of
Government on the occasion Of elections than at
other times.
In the early legislation OF 1902 and Of 1896, by
which the militia OF the States was the only mill
tary power resoTted to for the execution Of COnsti
tntiOnal powers in support OF state or National
authority, both functions OF the Government
we're put upon the same authority. By the act Of
1907, the employment of the army and navy was
auther z9d for the performance of both cOnstitu-
tiOnal duties in the same terms In all later stat
utes on the same subject matter, the same meas
ure OF authority to the Government has been ac-
corded for the performance of both these duties
No precedent has been found In any previous
legislation, and no sufficient reason has been
given for discrimination in favor of the State and
against the national authority which this bill
contains.
Under the sweeping terms Of the bill, the Ma
tioDal Government is etfecIually shut out nom
he exercise of right and from the discharge OF
the imperative duty TO use its whole executive
power whenever and wherever required for the
enforcement of its laws In places and times
where and when its elections are held, the en-
ploymeut Of its organized armed tOrces lor any
such purpose would be an offence against the
law unless called for by and therefore upon per-
mlssion of the authori les of the Sta'e in which
the occasion arises. WHAT is this but the substi-
tuition OF the discretion of State Governments for
the discretion OF the Government Of the United
States as to The performance OF It's own duties IN
nv Judgment, this is an abandonment of its obli
cations by the National Government, a subordi
nation Of national authority and an intrusion OF
State supervision over national duties which
amounts in spirit and tendency to State suprem'
aey. Although l believe that the existing stat
utes are sbHndantly adequate to completely pre-
vent military interference with the electOns ih
the sense In which the phrase is used IN the ulie
of this BILL and is employed by the people Oh thls
country, shall find no difficulty In c0neutrlng
in any additional legislation limited to thet oo'
ject which does not interfere with the lndelspen.
sable exercise Of the powers OF the government
and the Constitution and laws
(Signed5 RUTHERFORD B. HAYES.
Executive Mansion, May u, 1879.
GERM ANY.
80