New-York tribune., 1879-06-12

Of their general sovereignty. That pctce power
stands all subjects within the territorial limits o,
the States and has been conceded TO the Oheu
States"
Nor can II lie said that the power to execute e
cal process carries with 1t the au'sorp sor wa.
the opinion OF the present distinguished Secretary OF
State while Attorney-Geperal under former Aomlnis
from the letter OF instructions sent by him the Mar
shall Of Florida the 20th OF August, 1860 Inc
special duty authority in the execution OF process
ssued 10 you must not be COMPOUNDED with the duty and
authority Of supPressing disorder ana preserving @ ,ho
peace, which. under Government, belongs TO the
civil authorities of the states and not TO tne evl au
thorltes II the United States"
IL be repeated, therefore. that sections o02 an9
552s of the Revised Statutes do not even MAKE " sWu
officer of the United states TO assume to Keep ihe
peace at the polls of a state election. They SIMPLY re-
Have the act OF employing troops armed men by such
officer for that purpose, although unauthorSed Ds a~,
from certain penalties which Its preparation "lthout
that excuse might incur and although they cannon De
nationally construed either as oonfering the outhory
or imposing the duty 10 do they operate ms oens 70
any Federal Official VINO may have armed force under
his control power 10 summon one 10 MS
State whenever he may think II necessary or coh-
venieut for partisan purposes.
ordinary license cannot be exaggerated Under ~
corrupt President desiring to perpetuate his power OF
to promote the success OF ms own party may eoheei
rate large bodies of troops in such states hs ne may Sc
lect aud have them distributed and stationed 30 as 10
be within easy call OF deputy marsnss instructed "
disregard all State aud State officials and TO take
such measures and employ such force they may see
proper under tho pieence OF suppiesslng anuelpseu
disturbances the polls and thus destroy the Ireeoom
OF elections and defeat the popular Will al pleasure
To take away tins mscievous license and prevent ihe
substuon Of the discretion of petty superserVtehDle
Federal officials for law the soldier with MS or
the civil officer with his warrant and ot9ef aan4s,GrS %
abuses to which the recent experience OF our country
has shown IL to be liable, was the sole once anu
would have been the only effect OF the 1 20
found II impossible 10 approve.
DISCRIMINATION AGAINST THE NATION.
The third and final objection offered by the President
TO tie bill is, his own language, is dlserllnna
ton in favor of the State against the National au-
/ f,fs ha1h
barane1e from the bustings It would probably be sus
nected as specous appeal popular or party prejudice
nut found in solemn State paper enanatng rom tne
highest Executive Magistrate known TO our Consctu
ton it is OF course divesed Of such suspicion and
should receive That respectful consideration 10 wmcn
lts distng gushed source entities II. ,.. ,.,,.o
csely what the President means by the term Ma "a
tonal elections" or to discuss the distinction wlch ne
seems to draw between such elections aud any other
eecnons which may be held in iats state
stands that all elections in a state, whether for
Local Of CSnFss' sy or the sS%e electors that
those electors derive their right 10 vote as was correctly
Huppenseu 21 Wal. 100, rom the STATE and not from
the United that act, at the polls or elsewhere
prevented well the abuse OF the ght ITSELF Is pun
ishabe under State laws; that the people OF state
eecon of their REPRESENTATIVES. in Congress they
in choosing their local officers that the result In rac
the STATE officials III pursuance Of State laws and that II
is as much within the and much the duty OF the
Nor it necessary to add to the length of this paper
by discussing night asserted IN behalf or the Govern
ment of the United States make laws Tor the super
of the Elections of members OF Congress or Tor
the punishment of illegal vOing or the unlawful pre-
vcnOn Of the exercise of the right OF suffrage at such
election. Ii is sufficient TO say as hss ALREADY Deh
shown that under the Constitution the Federal Govern
ment has not and no law of Congress can give IT, the
authority TO preserve the peace in state either at the
pos or elsewhere, unless called upon by the proper
State authorities for that purpose under the ercu-
stances Tor which the Constitution has proYldeo.
How fhpp4fD "a
ton az nst authority that does not and cannot exist
if Is 3ifcnIt 10 see. On the other hand in order
carry out tie provision IN the fourth section Of the
IVth Article Of the Constitution for the protection
vided in seciiOn 5297 OF the Revised Statutes That
ain case OF insurrecton in any state against The
Government thereof it shall be lawful for me PRESIDENT
on application of the Legislature, or the Executive
when the Legislature cannot be convened to call forth
such number OF the militia o, any Other SIate or or
states which msy he applied as he deems necessary 10
suppress such insurrection, or on Ike application TO
employ for the same purpose such parts OF lhe ahd
and naval forces of the United States as he deems
necessary" 49,
reservation OF the power Of me President TO suppress an
time or place wnen properly called upon can DC saiu 10
derogate from the authority Of the United states
There single consideration, however sufficient In
Itself snow tha the fears expressed by the Pesde
that the b would subordinate National to state au'
thority totally unfOunded but winch seems, sneu
arly enough have escaped ms observation Under the
law as IL now stands and has stood suce 1893 the
pSS he land DO or naval forces Of the Uaed
suppress every riot or popular tumult m stste' al
that purpose. IL will be observed that II IS only law
ful for him to do in of msuIrecuon against
state Government, and clearly demonstrated by
the Supreme Court IN Martin against Mott az Wheaton,
l9) he is 10 Judge himself whether the contingency
in which IL would be lawful necessary for
him 10 exercise that power has actually arisen
or not. If, therefore, the President should nave
reason believe that the force not called Tor IN
good faitb suppress nsurrecuon against the Gov
ernment OF State but to be used Tor any purpose IN
any manner nimcal United States, IL would not
only be MS right but his duty 10 withhold H..
Your committee, having no bills before 1t npon TINS
subject aud deemiDg 1t unnecessary now TO report
otherwise than stated, ask TO be discharged from
further consideration OF the subject.