Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-05-16

uI-IlHatu IeI5OuS OF d hTuieu uOuleS u the
militia of State or OF the military force of
the United States. The elections should be
FEE frog: all forcible interference, and as far
as practicable from all apprehension OF sEch
interference. No soldiers, either OF the Union
q Of the State militia should he present at
I TIE polls to take the place or to perform the
duties OF the ordinary civil police force
| There has been and will lie no violation Of
this rule under orders fIom me during this
administration but there should be no de-
! nal Of tine right of the National Go7ernm snt
| to employ it, military force OF SI,y day end
at any place il case such employment is nee
essary to enforce the Constitution and laws
| Of the United States
! The hill before me is as follows
/ Z it enacted, az, thlt il shall not te la I'll
l 10 BRING 10, OF employ at Rry place where geno
raj or special election IS btiug he'll in State aay
pant CT IA army or Ia J Of the United Ststes un
les susa ice :, n5et .'ary to .opel the sItaed
article Of the Consultation Of the United state=
| and tte laws maze in putsuan thereof on appi
eaton o; the legislature EvecutlTe Of the State
where sdch IyrI- is t. be used, and nu-h OF a..
AVS as Is i2oasstent h'res!th l. hereby ret llei
| 1t viii be observed that the bill e1empt5
| nom the general prohibition against the en-
! p 1ymert OF military force at the polls two
| specified cases These exceptions tecoguise
| and concede the soundness of the principle
that military force may properly and consti-
| tutIonaly he used at the place OF elections
| when such Use is necessary to enforce the
1 Constitution and the laws But the excepted
cases Leave tEe prohibition 50 extensive AID
\ d..Teasn.ag ,i.a, Is aa.DsiS.. T:il 5eriOu5ly
| impair the et;ieirncS OF the Executive De-
partment OF the Government The first act
| expressly authorizing the Use OF military
| power 10 execute the laws was passed al
most as eallv rs tbs organization OF the Gov
eminent under the Constitution, and was ap-
I proved hy n sideEt Washington, Aay ;,
-. Il S.,s Gs ,J!isSS
Sect 2. And be u uTths. eLacIe1, tLat when
ever tie laws ci TIE United States shall be 0ppo srd
OF the execution tLereCi be Obstructei in any State
by combinations top powerful 10 be suppressed By
the ordinary cJurse OF judica oceedngs or b. the
powers vested in the marshals BIZ this act. the
being nOlifed to the President ofthe United states
by az Associate Justice CT the District Judge, Il
;hsl;be aw u tor the Fres dent CT the United
states 10 cal! forth the militia of such State 10 SUP.
press such com hnatons and TO cause the laws 10
be duly executed, anu Ii tie militia Of State
where such combinations nay happen shall refuse
or he Insult silent 10 suppress the same II shall. be
Unit i ssAtes be not Ia session to call .orth and
employ such numbers OF the II tia OF any other
tate Q; State most Convenient thereto as may ts
necessary, and the use OF militia 50 TO be called
forth may be continued. if Necessary until the
expiration OF ~ DAYS after the commencing Of the
ensuing session.
10 l195 this provision was substantially
re enacted IN law which repealed tho act
otl199 10 1867 the following act became
the lsw by the approval Of President JEFF.
tersOn
That 10 all cases CT IN 'Irrsstioa OF obstruction
10 the avs either of tx United States or Of any in
iEifual state or territory whers il Is law Tor the
President Of the United Ste t call for tae m.lit
ioE the purpose OF suppress Ing such nsurrectIon OF
v causing the laws 10 be duly evscuted It shall be
lawful for him to employ, Tor the same purposes,
slch part Of thu land or naval force o; the United
Ststes =; shall l. Judged necessary, having first Oh
serV"l all the preI' 4usitss Of the Law in that
spec:
by tits act 1t will b, sect that the scope
OF the law Of i19s was extended 30 as TO
author the general government tc use not
only the militia. but the army and navy Of
the United States, 10 causing the laws to be
daily executed. Inc important provision OF
tn. acts of 1872. l7S5 and 1907, modified IN
liz terms, from time to time. to adapt it to
the existing emergency. remained IN force
gntll. /.
" act AfFRCTED 5T PRESIDENT IISC 0IN,
July %, lS6l, it was re-ensct.d substantial
ly in the same language in which it is now
found in the Revised Statutes. viz
Sc f2a5. Whenever, BY reason Of unlaas1l ID
-tructlons cJntinatons or asseut,sges o: person.
Or rebellion against thu authority Of the GUFern-
insnt OF the United State 1t shall become imprac
;ic.hle, = the judgment ui ths Pre-; dent 10 en-
i5rc BY the ordinary course OF judicial procee +
in-, the laws . the United States within any state
OF territory, shall be lawful 20. tie Pres lent to
call i-r the militia Of any all tae States and to
EN- 10y such parts OF the land and naval orcei OF
the United states as he y en-. necessary to en-
:9Fs the :llth!dl tzscuiion Of the laws Of the
United states. or I. SUI. sreSs sucs rebellion, n
NlsteyeI state or errtofy thereof the laws Of the
nlted states MAJ be iorcibly oproset or the exc
cut!On thereof i0rcbly ots,ructe1.
This accent and fundamental law hsl
been IN tIrce sincI the foundation OF the
GcYsrnment. Ii Is now proposed to shru-
gate II on certain days aud Of c,rtain
places In my judgment. not fact has
bcea produced which tends to slow that
It ought to be repealed or suspended for
q SINGLE hour, at sHF place IN any OF the
-.tates 1T territories OF the MON All the
teachings OF experience in the course of our
history are in favor OF sustaining it eifcen
y uniDpsired. GA every occasion when
the supremacy .! The constitution has been
resisted, an the pefPetu!ty Of our iDstitu-
lions imperilled tue principle OF this sta
iute. enacted b the fathers, has enabled
the t.aycTIa-nt Cf the ciJn to maintain
It. authority ara - preSeII, the ir;egrI'y
/ the nation
\; tie nc>t eiIti,LI peIisi- VI jul history
ny pre- iecessurs IN the executive Ofnce have
'eiied Gu this great prICciple II was on
his prlnciple that pio-Iient Washington
the ;shI>kv r,b, Hon in pennsyl
ANA IN | ~. la lsrh On the same prIciple,
President Jttflr-on broke up the Burr
JrsplrGey by issuing orders lot The en-
,loymert u such i1rce either Ui the reg ulsrs Z
IT OF the militia. snd by such proceedings
i the eIvil authorities as might
nable them TO suppress tfectusily the 5
urther progress of the enterprise and it
vas under the ans authority that Pres.
en-. jackson
1T HE'D NrLLItrCATiUN ~ sJVIu ,ARUIis. ,
nd that President l.incola issued his cali
Jr troops to save the llni0n 10 1901 TN
humorous o9casiOns Of lesS significance,
nt6r probably every Administration aud =
under the present, this power r
as been useiully exercised to enforce the
IYS without objection 10 any party in the
JuntrY. and almost without attracting II
ublie attention The great elementary =
principle. which wa the n
'undatIOn OF the Original statute Ut | 81,
I'd which has hesn ITS essence in the yari 1t
rs forms it has assumed since its 6rst "
ioptlon, Is, that the GOycrnment OF the a.
nited States possesses under the constitu !,
On, III full measure. the power CT self =
rejection by its own agencies, altogether lt
dependent of STATE authority, and If need al
: against the hostility OF State govern r,
cnts. IL should remain embodied in our 4
ttutes unImpaIrsi a. IL has been from 81
{ very origin u the government Ii re
UUii DC regarded 81 hardly less valuable W
less sacred than provision Of th. Con =,
tuition itself 1'
There are many other important statutes VI
ntaining provisions thar are liable 20 b. Sc
spendsd or snnulled Ut the times and ar
aces Of holding elestions, If the bill before
, should become q law. do not undertake
furnish list OF them. Many of them,
rhapS the most Ut them have been set -,
~ In the debates on thus measure They 20
ate to eytradiIiou. to crimes against the iol
ctiln lave. tn quarantine regulations, to tn
uitsitty, To- Indian reservations, to the ot
Il rights OF cIti ems, ami to other sub
Is In regard to then. all it may be safe ID
sand that the meaning and effect of this of
Is to take from the general government ta1
important part OF its power to enforce the
~ mi
As
ANOTHER GRAVE oBIECTIoS ~,
The bill il its discrimination in favor OF
State and against the National author ID
Tho presence or employment Of the OF
% or navy Of the United States is lawful hi,
Ter the term OF this bill at the place a,
ere an election IL being held in State M'
uphold the authority of State govern ont
at, then and there in need OF such mill
: Intervention but unlawful to uphold
authority of the Government Of the snC
tied States, then and there in need of ma
h military intervention. Under this bill sw,
presence and employment of the army the
lsvy OF the United States would be law cor