The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1880-06-24
PRESIDENT HAYES LAST VETO
MESSAGE.
WASHINGTON, June Is.


withhold from Il my approval and return it 70
I the Senate, in which il originated, with my OBJ
/ JcctiouS 10 lis passage.
The laws now in fUr c. on the subject of the
bill before NE are contained in the following
sections OF the Revised Statutes:
SEQ. 2,i2I. Whenever an election at which
| Representative or Delegates III Congress are
10 De chosen l. held IN any city or town OF ~
| 90 Inhabitants or upwards, the Marshal for
the district in which ,ucn city or town Is stu
ated shall, on application in writing of Mt least
two citizens res ding in such city or town, Hp-
point special Deputy Marshals, whose duty 1t
snail be, when required thereto. To aid and as
sist the Supervisors of Election in the Verlh-
cation of any list of persons who may nave
registered or voted. 10 attend il each election
district or voting precinct NJ the times and
places when ana where registrations may 10y
law be sCrutEiZcC and the names of registered
voters be marked for challenge; and also at-
tend AT all times FOR holding elections the polls
in such district or precinct
SEC. 49,. The Marshal ana his general
Deputies snail keep the peace and support and
protect the SuPCrN rSors OF Election IH the dis
charge of their duties, preserve order 40 such
places of registration ana al such polls, prevent
fraudulent registration and fraudulent voting
thCreat, or fraudulent conduct ON tho part of
any officer of election, and M the ptacr Of ID &
iStratiOn, or puliiuy-pEC., or elsewhere, and
either before or utter sgIStCriug or voting u
arrest and take into custody, with or Wi'uu ut
process, any person who commits, or
attempts or offers 10 commit any OF
the acts or O1cnSCS prohibited herein,
or who commits any UuenSe against
the laws of the United States but no person
shall be arrested without process for any
otfenSe not committed in the presence Of the
Marshal or his general or special Deputies, or
either of them, or of the Supervisors Of Flee
ton, or either of them; and for the p rpuse of
arrest or preservation of the peace tine super
yiSOrs of Election shall, in The absence OF the
MurShalS Deputies, or if required To assist
such Deputies. have the same duties and pow
ers as Deputy Marshals; nor shall any person
on the day OF such election DcdrrcSted without
process for any Oncnse committed Oh the day
Of registration.
SEC 2,O23. Whenever any arrest is made
under any provision of this tide, the person SO
arrested shall forthwith be brought before
commissioner, judge or Court OF the ed
States for the examination Of the oHenSes
alleged, and such Cpmml-slOutr- Judge or
Count shall proceed in rUSpect thereto as au-
th1riZcd by law in the case of crime against
the United States
''SLC. 2,024. The Marshal or his general
Deputies, or such special Deputies a. are there
to spy caly empowered by him in writing, and
unUer his hand and seal. whenever he urcither
or any of them is tOrcIb yrcSISted in executing
their duties under this tIllc or snail b violence,
threats or menaceS be- prey med from cNeCut-
ing such duties. or from arTeStIng any pc son
who has committed any Oheuse Tor which the
Marshal or his general or special Deputies arc
authorized to make such arrest are, and edcn
of them is, empowered t. summon and cal 10
his aid bystanders or posse cumltatus OF his
district.
SEC. 2,G2S. No person shall be appointed a
Supervisor of Election or Deputy Marshal
under the preceding provisions who Is not mt
the time of his appointment quaitcd voter
of the city, town, county, parish, election dis
triCt or voting precinct In which his duties are
to be performed.
''SEC. 1921. If any person be appointed SUI
pervisor of Election or special Deputy Mar
shall under the provisions of the title, The
Elective Franchise and has taken an oath
of office as such Supervisor of Election, or
such special Deputy Marshal, and thereafter
ncglectS OF refuses, without good and lawful
excuse, to perform and discharge fully the
duties, obligations and requirements Of such
Office until the expiration of the term for
which he was appointed, he shall not only be
subject to removal from office, with loss Of all
pay or emOluments, but shall be punished by
imprisonment not less than six months nor
more than one year, or by fine not less than
500 and not more than $50. or by both fine
and Imprisonment, and shall pay the cost Of
the prosecution.
'SEC. 5,j22 Every person. whether with or
without any authority, power or process, or
pretended authority. power or process OF any
State, Territory, or municipality, VINO OBJ
s ruCts, binders. assaults, or Dy bril- cs. SOlic-
itationS, or otherwise interferes with or pre-
vents Supervisors of Elections, or either Of
them, or the Marshal or his general OF special
Deputies, or eli her of them, in the perform
ance of any duty required Of them, or which
he or they, or either of them, may be author
lied to perform by any law of the United
States, in execution of process or otherwise,
or who, by any of the means before mentioned,
binders or prevents the free attendance or
presence at such places of registration, or at
such polls of election, or full and f. ee access
and egreSS to and from any such place
of registration or poll of election, or in
going TO and from any such place of
registration or poll OF eie-tion, or to
and from any room where any such
registration or election or canvass
of votes, or of making any returns or ccTtih-
Gates thereof, may be had, or who mOlests, in
terferes with, removes, or elects from any such
place of registration or poll of election, or of
Canvassin-r the votes cast thereat, Orof making
returns or certificates thereof Of any super
visor of Election, the Marshal, or his general
or special Deputies, or either of them, or who
threatens or attempts or offers so to do, or re-
fuses or ncgects to aid and assist any super
visor of Election or Marshal or his general
or special Deputies, or either of them, in the
performance of his or their duties when re-
quired of him or them. or either of them, to
give such aid and assistance, shall be liable to
instant arrest without process, and shall be
punished by imprisonmant.nOt more than two
years, or by fine of not more than $1,000, or 10y
both such fine and imprisonment, and shall pay
the cost of prosecution"
The Supreme Court Of the United States, in
the recent case of cX-parte SIehult and others,
decided at the October term. 1S19 on ques-
ton raised in Il case rs to the cunstitutiOnality
of the sections Of the Revised Statutes above
quoted, and uses the following language:
These portions of the Revised statutes are
taken from the act commonly known as the
Enforcement act, approved May 81 $50, and
entitled An act to enforce the right of cit-
Zens of the United States to vote in the several
States of this Union, and for other purposes
and from the supplement TO that act, APPROX !
ed February -, 1871.
"They relate TO elections of members of the /
House of Rep scntativeS. ard were an aSSer- |
ton on the part of CongrC s. Of its power to /
pass laws for regulating and experimenting /
said election and for securing the purity /.
thereof and the rights of citizens to vote there ,
at p aceably and without mOles, alton. II /
must be conceded to be a most Important /
power and of fundamental character. In the !
light of recent history and # the violence, /
fraud corruption and irregularity which have /
L. ,g.l..r
easily be conceived that the exeitiOn Of power, /
if il exists, may be necessary to the STABILITY of
our form OF government. /
The greatest difficulty in coming to a Just |
conclusion arises from mistaken notions with /
regard to the relations which subsiSt between |
the State and National G bvcrnIncnts. 1t seems /
to be often overlooked that National Consti-
tuition has been adopted in this country, eS-
tabiShing Il real Government therein, ard /
which, moreover, is, or should be, as dear 10 /
every American citizen as his state Govern
nent is. Whenever the true conception ofthe /
nature of this Government is once conceded,
no real difficulty will arise in the just ,ntcr-
probation of its power. But il we allow our
selves to regard il as a hostile organization Op-
pos d to the proper sovereignty and dignity of /
the State Governments we shall continue tObe
vexed with difficulties as to jurisdiction and au-
thOrity. No greater Jealousy is required TO he
eXercis toward his Governmental reference
TO the preservation of our liberties than is
proper to be exercised towards the State Goy-
Its powes are lin ted in number
and clearly defined, and its action within the
8 cope Of these powers is restrained by q siIff-
GENTLY rigid bill Of rights for the projection of
its citizens from Opprt sSiOn. The tue inter-
est' of the people OF this country require that
both National and State Governments should
be allowed, without jealous Interference on
either side. To eXci else all the powers which
belong To then according to q
TAR and practical construction of the OnSti-
tuition state rights and the rights II the
United States should be equally respected.
Both are essential to the preservation of our
ibecties and the peTpetuity Of our inst tUtions.
should not allow our zeal to nuliify or impair
he Oth r. 81 -. ID
THE true doctrine, as we conceive, is this:
hat while States are really sovereign as 10 all
matters which have not been grauCcd to the