The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-05-22
THE STIFFENED SPINE.
The Military Must BE Superior to the Civil
Power,


WASHINGTON, May IL.
The president to day returned to the
house of representatives the net to pro-
hibit military interference ut elections,
with his objections to its approval. The
president says: "Holding as I do the
opinion that any military interference
whatever at the polls is contrary to the
spirit of our institutions, and would
tend to destroy freedom of elections, and
sincerely desiring to concur with con-
gress in all of its measures, it is with
very great regret that am forced to the
conclusion that the bill before me is not
only unnecessary to prevent such inter-
ference, but is dangerous departure
from long.settled and important consti-
tutional principles. The true rule as to
the employment of military force at the
elections is not doubtful. No intimida-
ton or coercion should be allowed to con-
troll or influence citizens in the exercise
of their right to vote, whether it appears
in the shape of combination or evil.dis-
posed person, or ofarmed bodies of militia
of a state, or of military force of the
United States. The elections should be
free from all forcible interference, and as
far as practicable from all apprehension
of such interference. No soldiers, either
of the union or of the state militia,
should be present at the polls to take the
place or to perform the duties of an ordi.
nary civil police force. There has been
and will be no violation of this rule..un-
der orders from me during this admins
tration. But there should be no denial
of the right of the national government
to employ its military force on any day
and at any place, in case such employ
ment is necessary to enforce the consti-
tu;ion and laws of the United States.
Quoting the bill the president says: {:
at will be observed that the bill ex-
empts from the general prohibition
against the employment of military force
at the polls two specif,d cases. These
exceptions recognize and concede the
soundness of principle that military force
may properly and constitutionally be
used at the place of elections when such
els necessary to enforce the constitution
and the laws. But the excepted cases
leave the prohibition cases SO extensive
and far-reaching that its adoption will
seriously impair the efficiency of the ex-
ecutive department Of tie government"
The president then proceeds to quote
the acts of congress authorizing the use
of military power to execute the laws,
provisions of which were approved by
Washington and Jefferson, and still later
by Lincoln; and referring thereto the
president says: "At the most critical Pc
riods of our history my predecessors in
the executive office have relied on this
great principle. 1t was on this principle
that President Washington suppressed
the whisky rebellion in Pennsylvania in
1874. In 1906, OH the same principle,
President Jefferson broke up the Burr
conspiracy by issuing orders for the en-
ployment of such force, either Of the reg
ulars or of the militia, and by such pro-
ceedings of the civil authorities as might
enable them to suppress, ehcctually,
further progress of the enterprise, and it
was under same authority that President
Jackson crushed notification in South
Carolina, that President Lincoln issued
his call for troops to save the union in
1861. On numerous other occasions, OF
less significance, under probably every
administration, and certainly under the
present, this power has been usefully ex-
erted to enforce the laws without objec-
ton by any party in the country, and
almost without attracting public atten-
ton. The great elementary constitu-
tional principle which was the founda-
ton Of the original statute of 1892, and
which has been its essence in the various
forms it has assumed since its first adop-
ton is that the government of the United
States possesses, under the constitution,
in full measure, the power of self-protec-
ton by its own agencies, altogether in
dependent of State authority, and if need
be against hostility of the State gov
ernment. 1t should remain embodied in
our statutes, unimpaired, as it has been,
from the very origin of the government.
1t should be regarded as hardly less val
liable or less sacred than provision Of
the constitution ITSELF There are many
other important statutes containing pro-
visions that are liable to be suspended or
annulled at the times and places of hold
ing elections, if the bill before me should
become law. l do not undertake to
furnish the list of them. Many of them
perhaps, the most Of them, have been set
forth in the debates on this measure.
They relate to extradition claims against
the election laws, to quarantine regula-
tions, to neutrality, to Indian reserva-
,ions, to the civil rights of citizens and
to other subjects. In regard to them all,
il my be safely said that the meaning
and effect of this bill is to take from the
general government an important part of
its power to enforce the laws. Another
grave objection to the bill, is its discrim-
ination in favor of the State and against
the national authority. The presence or
employment of the army or navy Of the
United States, is lawful under the terms
of this bill at the place where an election
is being held in State to uphold the
authority Of State government, then
and there in need of such military inter-
vention; but it is unlawful to uphold the
authority of the government of the Uni
ted 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 State election
against the domestic violence that would
overthrow it, but it would be unlawful