, 1879-06-12

posed tu do anything which would not tlavo
bren perfectly lawful ulldcr t,e strtctest lottdr
Of Tho bin 'he returned to. tho 1lmtsc, had It
been IN force at That time. lio would have us
covered. moreover, TINT neflhrr of tl'clf> ever
construed cllher Of t ncts cltct! by him ns colt
1erring upon the rscsdcns or my Of his a,ltort'i.
mates nl,y arbitrary or c1trA legal pnwrr, nut
merely ns authorizing t,,c uao Of ,hc ilecrssatv
means for securing The execution Of tho law IN
tue regular 1neshods, ai,l through the agetlcfcs
prescribed BY LAM.
lu support OF hts assertion Mr. Knott ra-
lnsufrcc!io1, nf Jefferson in the aaron Barr
case Of Jaekson fn 1o't1 ara Lincoln In tile OUT
break Of the clvll War, MID adds:
Owing, perhaps, 70 ,fle limttad tima ne al"
s II % to s s E:
YarlGue statutca to wltieh he refers, Including
Sec. t,299, arc as completely abrogatcd or stls-
pcndctt BY thc oct approved by l'resllcnt I.tt'-
eoin on uIu Nth Of February, ISIS, ~ ticy poa-
tcrferencc wtsh c1cclons, had by returned u to
the House with hts approval. lie seems to l,avo
totally forgotten thai the Law approved BY fdn-
cola on tile With Of tohr.Yry. lsPs a'aktnttt hg
mltuDtleailor III him ur other 0liGors OF tic
Quilted ststes to employ armed men at a Ssato
election except for two specified purposes, Was
still In fOrco. md that It wns A much his duty
nnder his official cath to Sec tl,at 1t should bo
faithfully executed as any other provision ID tlln
statutes.
The report atllrtns That The power to cstnbltsh
police regulations Which mny be necessary tor
tile preservation Of domestic onlcr md the prt-
ventlon Of violence aud crime affecting tle ltfo
Or property within t,er respective ltmfts be-
lnnEs c1clusygly to tho States, mud tho Federal
Government can only intervene to project tho
State In the execution OF tta OWN laHs Tor TINT
purpose Upon
APPLICATION or THE LKdtstATuRR, on dov-
ERNoIt,
where the Legislature cannot be convened.
Supreme Court decisions aro q,ntcl Il, sup.
port Ut tllis position. and the following rxttart
fronf letter OF tho present Secretary nf State
while Att"rney.Gencral under former Admin.
tsttation. sent by him to The Mar4llhl Of Fiorida
on tue 91th Ut August, 1858:
Tho special duty, and aut.ority in the execution
With tho duty and authority Of snpprcssing tsi.or-
Government. bulonya to thu civil authorities pf
the States. and not to tle civil authorities Of tho
United STATES.
i1e rcnort eontinues: ITO prevent tho sub
Ahe Federal oillr1nls for tlla law, tho soldier
with his bayouet for tlle civil osllcur With his
warmth, md other dangerous abuses to which
tlse recount experience Of our country bus shorTt,
It to be liable, was the sole object mud would
haro been tho only effect Of the bill 10 prevent
military 1nterfereire Mt The polls, which tho
President found 1t impossible to apnFoyc.
TIE Third AND FINAL opIEcr1oS
offered by tho President to thu bill In, to use his
uwn language, "tts discrimination In favor Of
Under the Constitution the fetlornl Government
hus not. aHl no law Ut Congress eau 3vo
It., authority to preseryU i4o peace In
q State other ut the polls Or elsewhere,
unless called upon by prouor State authorities
for that purpose under tho circumstances for
Whicl. thu Constitution was provided. Low,
therefore. theEa could possibly ba tliscrlnlna-
t!on against ~ authority that does nut and
p}1 siiAktn