The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-09-04

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the reconstruction after the Rebellion.
Gentlemen. let our department. be concilia-
! tory and just These men are not more per-
! verse than others might be under like infu-
ences. The civilization of slavery had its pc
/ culiaIities It had its charms It gave great
social as well as political power to the ruling
class. But if the Government of the United
States shall surrender any of its constitutional
! powers, in order to conclate this peryerse
sentiment, in the hope that these Southern
champions of so-called State rights will relent
and waive some of their political dogmas, it
/ will take the fearful responsibility Of leaving
its own friends naked to their enemies"
For one, 7 am glad that the administration
has become satisfied with the experiment which
i has recently tried on that subject, and is now
| staiwart" enough to insist on retaining it's
| power to execute the laws of the United States
| Some of us have felt that no such experiment
was necessary--that nothing could Justify the
| abandonment of Southern Republicans. through
/ whose efforts and sacrifices Republican success
| had been made possible-in order to conciliate
| the Democrats who had plotted for its defeat
feel peculiarly interested in this campaign,
| for the reason that we have all come to the
same opinion-that it is our duty to resist the
repeal Of the laws for tie protection of citizens
of the United States, wherever they are and to
resist the further attempt to repeal or defeat
the laws for the safety and purity of it's cleo
tons. I trust that in the future we shall feel
that it is not only our solemn duty to prevent
the repeal of those laws, but to enforce them
at whatever hazard Protection and support
between Government and people are mutual
1t the Government fails to protect them the
citizens, sooner or later, will fail to support the
faithless Government that rules them, and
taxes them and drafts them into its military
service, but fails protect them in their dearest
rights
7rba g, NJ +1,o e1o1yarx, hal o.o.+oa :. :l
racy which lived in comparative ease rendered
that kind of State rights more and more dear to
the class who were enjoying the luxury of the
situation. But what surprises us is that after
their impracticable theories had been over
thrown, as we had hoped forever, these men
come forth with the same old political dogmas
as before In some respects tnev go quite be-
yond their old masters. Calhoun never thought
of taking away the constitutional power of the
President to execute the laws OF the Union.
This was left for the generation who survived
the war of the Rebellion.
Gentlemen, if they desire again to rebel or to
evade the execution of the national laws it is
not difficult to understand why they insist upon
| depriving the President of his constitutional
command of the army and navy, and his power.
when the laws OF the United States are resisted
by force, to call them to assist the civil power
We can even understand why Mr. Carlisle and
politicians of his school should ignore ~the
peace of the United States" .<f
But the General Government has met resist
ance to the laws by military force under Presi-
dents of every school of politics; nor is it q
novelty that the United States Marshals should
| embody the posse comitatus to meet such re-
sistance, or that the soldiers within their
respective districts should form a part of such
| posse.
The whisky rebellion in Pennsylvania was
put down by George Washington. DORIS re-
bellion in Rhode Island was put down by John
Tyler. The tariff notification in South Caro-
lima was put down by Gen. Jackson. and the
great rebellion of 1861 was overthrown under
the administration of Abraham Lincoln. All
these instances involved the right of the Presi-
dent to call forth the militia of the States or
the military forces of the nation, There have
been many instances in which the military has
been called upon to aid in the enforcement of
the civil authority where that authority has
been resisted by mob Or insurrectionary vio-
lence that could not be otherwise suppressed.
The use of troops in Kansas in the time of Mr.
Buchanan is a signal instance of the exer-
else of Executive power under Democratic
President.
Marshals have frequently had occasion to
call out posse comitatus to enforce the laws
against resistance to national authority A
noted case was that of the slave Burns, in Bos-
ton, when the authority of the Marshal in ra-
turning Burns to his master was resisted. An
other similar case occurred in Wisconsin, in
which Mr.. Gushing, the Attorney General I'M
der John Tyler, declared that the call upon the
military as part of the posse comitatus by the
Marshal was lawful, and that the expenses
should be paid by the Government.
There is no law more sacred than that which
protects the voter in the exercise of his
franchise If such a law is resisted by force
there can be no excuse for permitting such re-
distance to be successful but inability to pre-
vent it.
But the Democrats, by what they call their
act TO prevent military interference at elec-
TONS" which was vetoed, made an exception
OF election days. On all other days-week days,
Sundays and holidays-the Government was
permitted to retain it's legitimate power to keep
tbs peace, and to use adequate force to over
come resistance to the laws of the United
States But on election days, when the occa-
sion for its use is most likely to occur,
the power is taken away from the General
Government, while the State is left in exclusive
possession.
1t is claimed that the enforcement of the
Election laws through the Marshals in 1876, and
III Cincinnati in 1878, has been condemned by
the Supreme Court of the United States as I'M
constitutional If that is true, there needs no
repeal OF a law that is null The opinion of that
court was given in the case OF the United
| States vs. Reese, 80 y. S. R. 214 The case
arose upon an indictment against two of the in
| spectors Of municipal election in Kentucky,
for refusing to receive and count at such cleo
ton TIE vote of VIM. Garner, citizen of the
| United States, of African descent
The court examined and passed upon the
first, second, third and fourth sections OF the
act OF 1870, which were intended by Congress
! as appropriate legislation" TO enforce the
Fifteenth amendment TO the constitution That
amendment provides-frst, that, "The right of
! citizens of the United States to vote shall not
| be denied or abridged by the United States, or
| by any State, on account of race or color, or
! previous condition of servitude;" and second,
THAT the Congress may enforce this article by
! appropriate legislation"
| The case arose out of q purely State election,
! over which Congress had no right whatever, ex-
| cept by the Fifteenth amendment If it at
| tempted to go beyond the scope of that amend
nent it's legislation was not appropriate nor
valid. The court held that the law was too
broad, as it provided that any inspector or
other officer Of election who shall wrongfuliy
refuse to receive and count the vote of any
citizen shall for every such offense forfeit and
| pay" etc. The Fifteenth amendment declares
that the right to vote shall not be denied TO any
citizen, " on account of race Or color, or previ-
GUS condition of servitude." The court held
that as the act OF Congress undertook to regu-