The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-06-21

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charged with the investigation Of election
Of 1878 in that city. In the report by ii
Democratic majority we find the followin
language:
This happy result, Ia free, fair and hor
est election) was the consequence Of tn
cooperation between the official adviser
oil city and United States officers. TIL
party organizations, by their regulation
and orders, made the city police one ir
action with United States Marshall
Whether this work which Is inexampleC
should be counted q Republican worl
through their federal election law or th
work OF local authorities, and the organ
isms inspired by the desire for an homes
vote among the people who were especial
jealous Of It on account oil what was oC
curing elsewhere, one thing the com
mtttee must report, that Il approx
imated as near to perfection a
itwas possibleto do. There were no riots
no fights, no bayonets, no disturbances
no conflicts Of authority, and none OF thu
concomitants which accompany fraud.
and endanger free inititutions. The peo
pie OF the country owe tribute OF respect
to The police OF the city Of more than q
million, and to the United States
officers, who numbered thousands
for the harmony OF action between the
various officers, so as to illustrate to the
world how the Imperial city OF the island
can conduct herself under great excite.
ment A statute which has been an agent,
or even factor, in working out such
benign results as these should not be dis.
pensed. with.
THE DRMocRATIC AvowAL TO WIPE OUT ELEc.
TIoS LAWS.
This extra session opened with a bold
ayowal that Its repeal should be forced
upon the executive and the country as the
condition OF granting supplies. Such was
the dictate OF the caucus to its partisans,
after weary months OF failure TO accom-.
plish Its repeal. The design Is now apparent
In some way to thwart its execution and
open wide the door for State supervision in
all elections, The present Is not prop.
itious time to attempt interference with It's
operations. No effort is to be spared to
render itinoperatiye. The gravity Of the
situation is sufficient warning for the ex-
ercise OF the utmost caution, when 1t Is
more than intimated the execution OF this
law Is to be torcible resisted in the next
national contest unless it Is meantime re-
pealed, we cannot give our consent to
weaken or embarrass In any respect the
power oil the civil officers OF the United
States to enforce its provisions. It is TO
remain law OF the land, and all efforts
Tor Its repeal have been, for the present,
abandoned. 1t is the constitutional duty
otthe President 10 see that it is faithfully
executed. Many Of its provisions are
applicable to and only to be enforced on
the day an election is held, why should
authority to use all lawful and constitu-
tional means to evacate it be suspended
or crippled on that day? To whatever
extent this may be done the law will be
rendered q nullity so far as 1t is a law for
such days only.N Why should the day OF
election be excepted from the operation Of
this or any other statute? Surely need
may be asgreat on that day as on any 9TH
er. A proposal TO impose like restrictions
at every place where COURTS 10 be held, or
Fourth of July, or the Sth Of January, or
any other holiday or anniversary is 10 be
celebrated or observed, would be met with
jeers or contempt OF all good men. The
laws should be enforced and executed on
all days, and at tall times and places.
THE SUPREMACY OF NATIONAL AUTHORITY.
To abdicate the authority of the Gov
ernment OF the United States TO execute
It's laws on the day Of election would be a
fatal mistake and constitute precedent OF
q most dangerous character. The reason.
ingof the report Of the majority culmi-
mates at last in the unconditional ayowal
that all elections are State elections, and
no law OF Congress can control or interfere
with the officers OF the State at any cleo
ton unless the State authorities invoke the
aid Of the General Government as pro.
vided in the Constitution. This is assert.
ing perniClous dogma OF State supremacy
in its most obnoxious form. The provision
OF the Constitution Of the United States
that 1t "and the laws" which shall be
made in pursuance thereof shall be the
supreme law of the land, anything IN the
Constitution or laws Of any State to the
contrary Notwithstanding, is unduly thrust
aside and ignored, and the exploded theo.
~ Of paramount State sovereignty is sub
stituted in its stead. Upon this topic the
President titly says shat under the sweep
ing terms OF the bill the National Govern.
ment Is ettectually shut out from the exer.
else OF tho right and from the discharge
OF the imperative duty 10 use It's whole
executive power whenever and wherever
required for the enforcement Of its laws
at such places and times when and where
its eleCtionsare held. The employmentuiits
armed forces for any such purpose would
be an oiEense against the law unless called
for by, and therefore upon permission
OF the authorities OF the State in which
occasion arises. What is this but
substitution otthe discretion OF the State
Governments. for the discretion OF the
Government Of the United States as to the
performance Of It's own duties2 In my
Judgment this is the abandonment OF its
obligations by the National Government,
subordination Of national authority and
intrusion OF State supervision over nation
al duties which amounts IN spirit and
tendency to State supremacy"
Under the constitution 1t Is the duty OF
the executive to apply the test OF his own
Judgment to every measure submitted TO
him by Congress, that duty he cannot
neglect without violating his official oath,
the right to exercise his judgment unre-
strained by the prevailing opinion In
either branch Of the legislative. Tile de.
partment needs no yindicatiop in behalf OF
the President Deeming these suggestions
contained as well in the message re-
ferred to the committee, as in the early
one commented on by the majority upon
the main feature at issue, and touching
the impropriety OF incorporating general
legislation into appropriation bills,
eminently wise and In harmony
with the course Of legislation and
better practice Of many Of the States,
the minority cannot conclude their
views without placing on record an EN-.
phatic and unqualified protest against the
unqualified and disrespeetful tone prevail.
ing in tho majority report toward The offi.
eial Communications from the Chief Mag.
istrate of the nation. ConcuFring as we
do with the views so well expressed and so