Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1879-05-22
after commencement of the ensuing ses-

SlOns
In 1875 this provision was substantially
reenaeted in law which repealed the act
ofl792. In 1907 the following act became
the law, by the approval of President JEFF
ferson
''That in all cases of insurrectien or OBJ
struction to the laws either of the limited
States or any individual State or Terri
tory, where it is lawful for the President
Ofthe United States to call forth the mill
tia for the purpose of suppressing such
Insnrrection, or of causing the laws to be
duly executed, it 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 necessary,
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 of1795 was extended, so as 10
authorize the National Government TO use
| not only the militia but the army and
navy of the United States in causing the
laws to be duly executed. The import
ant provision of the acts of 1892, I795 and
1907, modified in its terms from time to
time to adapt it to the existing emergency.
remained in force until, by an act ap-
proved by President Lincoln, July 80.
1861, it was re-enacted substantially in
the same language in which it is now
| found in the Revised Statutes, viz: 'sSec
1898. Whenever by reason of unlawful
Instructions, combinations orassembia9es
of persons, or rebellion against the au-
thority of the Government of the United
States, it shall become impracticable, in
the Judgment of the President, to enforce
by the ordinary course of judicial pro-
ceedings the laws of the United States
within any State or Territory, it shall be
lawful for the President to call forth the
/ militia of any or all States and to employ
such parts of the land and naval forces of
the United States as he may deem neces-
sary to enforce the faithful execution Of
the laws of the United States, or to sup
press such rebellion, in whatever State or
Territory thereof the laws of the United
States may be fOrcibly opposed or the exc
cution thereof Obstructed.
This ancient and Fundamental law has
been in force from the foundation of the
Government. 1t is now proposed to alb
rOgate it on certain days, and at certain
places. In my Judgment no fact has been
produced which tends to show that it
ought to be repealed or suspended for a
single hour at any place in any of the
States or Territories of the Union. All
the teachings of experience in the course
of our history are in favor of sustaining
its efficiency unimpaired. On every oe-
casiOn when the supremacy of the Con-
stitution has been resisted and the perpe-
tuity of our institutions imperiled, the
principle of this statute, enacted by the
fathers, has enabled the Government OF
the Union to maintain its authority and to
preserve the integrity of the Nation
at the most critical periods of our
history. My predecessors in the Execu-
tive office have relied on this great prin-
| eiple. It was on this principle that Pres
! ident Washington suppressed the whisky
rebellion in Pennsylvania in 1894. In
1906, on the same principle, President
Jefferson broke up the Burr conspiracy
by issuing orders for the employment OF
such force, either of the regulars or of
the militia, and by. such proceedings OF
the civil authorities as might enable them
to suppress effeetually the further pro-
gress of the enterprise. It was under tht
same authority that President jackson
crushed notification in South Carolina
and that President Lincoln issued his call
for troops to save the Union in 1861. On
numerous other occasions of less signifii-
canee, under probably every administra.
| S,,1vv 81,
this power has been usefully exerted tt
enforce the laws without objection by any
party in the country, and almost without
attracting public attention. The greater
elementary constitutional principle which
was the foundation of the original stat
ute of 1892, and which has been its es
, sence in the various forms it has assumed
since its first adoption, is, that the Gov
ernment of the United States posSesse,
under the Constitution in full measur,
the power of self-protection by its owl
agencies, altogether independent of Stat
, authority, and, if need he, against tn
hostility of State Governments. 1t shOulC
remain embodied in our statutes unim
paired, as it has been from the very orr
gin of the Government. 1t should be re
garded as hardly less valuable or less sa
: cred than provision of the Constitution
itself.
/ There are many other important stat
t utes containing provisions that are liabl
s to be suspended or aunulled at times an
places of holding elections, if the bill be
o fore me should become a law.
! not undertake to furnish list Q
e them. Many of them, perhaps the mos
f of them, have been set forth In debates o
c this measure. They relate to extraditiOr
o to crimes against election laws, to quar-
=, antine regulations, to neutrality, TO In
dian reservations, to civil rights of cit
Is zens, and to other subjects. In regard
! them all it may be safely said that I'll
l. meaning and effect of this bill is to taE
IS from the General Government an impO
f tant part of its power to enforce the law
v Another grave objection to the bill
1t its discrimination in favor of the Stat
s. and against the National authority. III
S. presence or employment of the army
N navy of the United States is lawful, III
rs der the terms of this bill, at the pla,
IL where an election is being held in Stat
he to uphold the authority of a State Go
Il ernment then and there in need of SUE
K military Intervention, but unlawful
" uphold the authority of the Governmcl
Mt of the United States then and there
ed need of such military Intervention. III
1t derthis bill the presence and employmel
or of the army or navy of the United Stat
he would be lawful and might be neeessai
e. to maintain the conduct of State ele
" tion against the domestic violence tn
ed would overthrow it, but would be unlaN