Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1879-05-16

ALL II may be safely said that the meaning
and effect OF this bill is 10 take from the Cen
eral Government an important part OF It's
power TO enforce the laws
Another grave objection 10 the bill is tie
discrimination in favor OF the state and
against the National authority. The pres
ence or employment OF the army or navy Of
the United States is lawful under the terms
OF this bill at the place whore an election is
being held In State to uphold the authority
OF State Government, then and there in need
OF such military intervention, but unlawful
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 the army or navy Of the
United States would be lawful and might be
necessary TO maintain the conduct Of the State
election against the domestic violence that
would overthrow II, but would be unlawful to
maintain the conduct of the National election
against the same local violence that would
overthrow IL. This discrimination has never
been attempted in any previous legislation
by Congress, and is no more compatible
with sound principles of constitution or ne
cessary maxims and methods OF our system of
Government on occasion OF elections than at
other times. In the early legislation OF 1872 and
Of l795, by which the militia OF the States was
the only military power resOrted TO for the e1-
ecutiOn OF constitutional powers in support
OF State or National authority, both functions
OI IUt dONCTnfnenb were put upon tine same
footing. BY the act Of 1907 the employment
OF the army and navy was authorized for the
performance of both constitutional duties in
the same terms.
In all the later statutes on the same subject
matter, some measure of authority 10 the
Government has been accorded, for the per-
formance of both of these duties.
No precedent has been found in any previous
legislation and no sufficient reasons have been
given for the discrimination in favor OF the
State and against the National authority
which this bill contains.
Under the sweeping terms OF the bill the
National Government is effectually shut off
from the exercise Of right and from the
discharge of its imperative duty to use its
whole Executive power whenever and
wherever required FOR the enforcement OF
its laws. At places and times where and
when It's elections are held the employment
Of its organized armed forces for any such
purposes would be an offence against the
law, unless called for by, and therefore upon
the permission of the authorities of
the State in which the occasion arises. What
Is this but the substitution Of the discretion
Of the States Governments for the discretion
Of the Government Of the United States as to
the performance Of its own duties. In my
judgment this Is an abandonment its obliga-
tiOn by the National Government-a subordi-
nation OF National authority and an extension
Ot State supervision over Natl nal du ,ie which
amounts in spirit and tendency to State
supremacy. Although l believe that the
existing statutes are abundantly adequate to
prevent military interference with
The elections in the sense In which the phrase
ls used in the title of this bill, aud is EN-
ployed by the people of this country, | shall
ind no difficulty In concurring in any addi-
tional legislation limited to that object which
loes net interfere with the indispensable eI-
ercse of the powers of the Government and
ihe Constitution and laws.
fSigned RUTHERFORD B. HAYES.
EXECUTIVE MANSION, May IL, 1879.