The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-06-27
Es UNION c. H, SOUTH CAROLINA, JUNE 27s 1879

that heither OF the tour lllustri0uS patriot
referred to either did or proposed to.do any
thing which wSuld not have been lawful uu
der the strictest letter of the bill which h,
now vetoes. In proof of this assertion tn,
report recites the circumstances of tn,
NV hiskey rebellion" of 1893, the conspir
acy OF Aaron Burr, the publication move
ment OF 1882 in South Carolina, and the
outbreak Of the late civil war. 1t adds
a sutfcie mt answer, however, to this objec
ton is that it is untrue The various stat
utes to which he refers, including Section
t6;z9S. nre' e'-as'' compfeteiy abrogated b,
PRESIDENT Lincoln, February q, 1865, as
they possibly could have been by this bill
it the President had signed it. Amere
glance ut the two measures will place this
proposition beyond doubt in any candid
mind. 1t is matter of regret, therefore,
that the President should havo assumed a
position so utterly without foundation. Il,
should be borne in mind, however, that Sec
tions 1902 and 5,52S neither confer power
nor impose duty upon any officer of the
United States to keep the peace at the polls
Congress has no constitutional power to con-
Ter such authority or impose such duty
Both the power and duty belong exclusive.
ly to the several States, us was distinctly
held by the Supreme Court in the compar
atively recent case of the United States VS..
Cruikshank ct al, Otto, 551 The same
principle was also enunciated by the same
Court III 1912, in the case of PENNSYLVANIA
vs: Prigg, 16 Peters, 625. Nor can. it be
said that mere power to execute legal pro-
cess carries with il authority to preserve the
poace. If a marshal should be forcibly re.
sisted in the execution Of process in his
hands, the persons resisting would las held
in the case of the United States VS.. Cruik.
shanks, before cited, be guilty of two dist
tinct offences one against the United States
in resisting its PROCESS, and one against the
State in violating its peace, and the author
tiles of the United States would have no
more Jurisdiction of the latter offence than
the S<atc authorities would of the former.
Th9t this was once the opinions of the pre-
se1t secretary of State is showa by the fol.
Owing extract from letter Of instructions
TO the marshal of Florida, writen by him
gusr 20, 1860; whilc- ntr6fhcy: general
lander the former administration "The
special duty and authority in the execution
Of the process issued to you mus. not be con.
founded with the duty anda2thority OF sup
pressing disorder and preserving the peace,
,ohich unde,- our Government belongs TO the
cioH authorities Of The State and not to the
cioH authorities of the United States" 1t
NAV be repeated therefore, says the report,
that. Scc.ions 2,002 and 5,52S,. Revised
Statutes, do not authorize officers of the
United States to keep the peace at the polls
and they cannot be nationally construed to
confer any authority or impose any duty.
.. The final objection of the President to
fihe hp !, that it discriminates in favor Of
NAL "Eu against National authority, by
to usa lawful uhder some circumstances,
= 70, "e army E ta5 prevent violence in the
ssn$$SIaaej,vl State elections and unlawful to
do so in the conduct Of National elections.
The common sense Of tho country under
stands that all elections in State, whether
for members Of Congress or local Offices,
are by the same electors, and those electors
derive their right to vote, as was decided by
Supreme Co.It in the case of Miner VS..
HdPpensett, q Wall, 179, from the State
and not from the United States. 1t is
therefore as much the power and duty Of
the State government to maintain peace and
order at elections for congressman as at
elections for State officers.
In conclusion, the report sums up with
the reiterated statement that the Federal
Government has not and cannot derive from
Congress any right to preserve the peace in
a State, either at the polls or elsewhere, un-
less called upon by the proper State author
tiles, aud that it is difficult to see how the
distinct reservation to the President of the
power to suppress insurreclion against ii
State, when properly called on, can be said
to derogatc from the authority Of the Uni
ted States The report closes with the Ie-
quest Of the committee TO be discharged
from further consideration of the subject
SELF-TAUGnT.-Many men are said to
be seif.taught. No man was ever taught
any other way. Do you suppose man is a
bucket, to be hung on the well Of knowledge
and pumped full !? Man is creature that
learns by the exertion Of his own faculties
There are aids to learning Of various kinds
but no matter how many of these aids a
man be surrounded by, after all, the learn
ing is what he himself acquires. And
whether in college or out Of college, in
school or out Of school, every man must
educate himself And in our time and in
our country every man has the means Of
doing so.
n l.. IL