The Leavenworth weekly times., 1879-05-15

supremacy Of the Constitution has been re-
sisted, and the perpetuity OF our instit,l-
tions impeFiled the principle of his sts,u,e
enacted by the fathers mas enabled tba
government OF the Union TO maintain IL
authority and TO preserve the integritv OF
the nation. A. the most critical
per;o's Of our history, my !predecess. r.
in tue executive cffice have relied on this
great principle. Ii was on this principle
that President Washington suppressed the
the whisky rebellion in Phiiadelphia 10
1892. In 1906, on the same principle,
President Jefferson broke up the Burr con-
spiracy, By issuing orders for the employ
ment OF such force, either of the regulars or
| Of the militia, and by such proceedings OF
the civil authorities "a might enable them
| to suppress etfectually the further progress
OF the enterprise. IL was under the same
| su.hority that President Jackson crushed
the nullifcatIon in South Carolins. snd
thst President Lincoln issued his cal for
troops to save the Union in 1861.
on NUMEROUS OTHER OCCASIONS
of less significance. under probably every
administration and certainly under tie
present, this power has been ussfully ex-
erted to enforce the lsws, without obisc-
ton By any party in the country and al
most without attracting public attention.
| The great elementary consti iui,orsl pTinci.
PIE which was the foundation Of the Crisi-
nal ststuie Of 1892, of vb e. has been Iis
essence in the various forms il has assumed
since ifs first adoption, Is that the govern
ment Of the nited States possesses, under
the Constitution, in fuller measure, the
power Of self-protection by its own asencie=,
altogether iudependen OF State authority,
| and, If need be, against the hostility OF
State governments. 1t should remain en-
| boiied in our statutes, uuimp aired as ii
mas been from the
VERY ORIGIN OF THE GOVERNMENT.
| Itshou,d be regarded a hsrilr less value
BILE or less sacred than the provision Of the
Constitution i-e'f.
| There axe many O'her i1 a0-tS0f e; .u o.
containing provisions that urs Iia5s 10 be-
| Suspended 0r snlUlled al TINS and places
Of holoi1g elections, If the bill before me
should become d law. / DO not undertake
to iurnish list of thcm. Many Of them,
perhaps most OF them, haze been set forth
in the debates upon this measure. 1Hry
relate TO extra1itiou, to crimes against cleo
ton lava, 10 quarantine regulations, 20
neutrality, TO Indian rs4srvations, 70 the
civil rights Of citizens, aad to oihersahircfs.
Iu regard to them ell il nav be safely said
that the meaning and eff Ct Of this bill is to
take from the General Government an i'm
portant part OF its power to enforce the laws
| ANOTHER GRAVE OBJECTION
to the bill is its discrimiU s-ion in favor Of
he State and against the National autn1r-
ity. The presence or employment Ct the
army or navy Of tie United States Is law
ful under the terms OF this bill, at the
place where an election j. bting held ia a
State 10 uphold the authority OF a Slsts
government then when is need OF such
military intervention, but unlawful to up
hold the authority OF the Government II
the United S.ates when there in Nee d Of
such military intervention. | naer tins
bill, the presence and employment Of the
army or navy of the United States would
be lawful and might be necessary to main
tain the conduct OF State election agaiust
the domestic violence that would over
throw il, but would be unlawful TO main
tain the conduct of National elections
against the same local violence that would
overthrow them.
Il THIS DETERMINATION
has never bsen attempted in any previous
legislation by Congress, and il no more
compatible with the sound principles oil
the Constitution or the necessary msxiums
on occasions OF elections, than at other
times.
In the early legislation Of 1872 ard Of
1888, by which the militia Of the Siate-
was the only military power resOrted to for
the execution of the constitutional power
in support Of State or National authority
both functions OF the government we're put
upon the same footing. By the act Of 1901,
the employment OF the army and navy was
authorized for the Teriormance OF both these
constitutional duties. In the same terms
in all later statutes on the same subject
matter, the same measure OF authority 10
the government has been accorded for
the performance of both these duties.
NO PRECEDENT HAS BEEN FOUND
in any previous Legislature, and no sufficient
reason has been given for the discrimination
in favor of the State and against the na-
tional suthority, which this bill contains
Under the swe-P!ug terms OF the bill, the
national government il eflecualiy shut out
from the exercJ OF the right and from the
discharge OF lis imperative duty to Use its
power wherever and wherever required, fOr
the enforcement Of its laws at places and
times where and when the ele ctiOns are
held. The employment Of is organized
armed forces for any such purposes would
be an ofiense against the law, unless called
for by and, therefore, u non the ermi7si n
Of the authorities of the ; a'e IN which rHt
occasion arises. What l. this bat the cub
stitutiOn of the discretion ii the S,,te gov
ernments for the discretion Of ihs Uni I'd
States, "a TO the performance Of It's Cwr
duties In my judgment. this II an
ABANDONMENT OF ITS OBLIGATIONS
by the National Government, p s17Tau-i.u
Of National authority, and an intrusion oi
State supervision over NliiouE duties
which amounts in spirit aud tendency Ia
State supervision. Although ! believe he
existing statutes are abuUdsntly ad qu te
to completely prevent military interference
with elections, in the serse in which the
phrase il used in the title Of the bill, and !,
employed by the people Of the country, !
shall find no difficulty in conCuTriBg
in any additional legislation limited 70
that object, which does not interfere with
The indispensable exercise Of the powers Il
the Experiment, and the Ccns;istilu;:on
laws.
| (Signedl RUTHERroBD r. HtYc+
| EXECUTIVE MANSION, May II, 1879