Year: 1879

resisted and the perpctuity of our institutions
imperilled.


THE PRINCIPLE OF THIS STATUTE


made by the fathers has enabled the govern
ment of the Union to maintain it's authority
and to preserve the integrity of the nation of
the most critical periods Of history.


My predecessors in the executive office have
relied Oh this great principle.


1t was on this principle that President wash
ington suppressed the whisky rebellion in
Pennsylvania in 1894.


In 1906 on tho same principle President JEFF
ferson broke up the Burr conspiracy by issuing
orders for the employment of such forces eth
er of the regulars or of the militia, ana by
such proceedings of the civil authorities as
might enable them to suppress effectually the
further progress of the e~enterprise. 1t was
under the same authority that President Jack
son


CRUSHED MULTIPLICATION


in South Carolina and that President Lincoln
issued his call for troops to save the Union in
1861.


On various other occasions of less significance
under probably every administration, and GER
tainly under the present, this power has been
usefully excrted to enforce the laws without
objection by any party in the country, and al
most without attracting public attention. The
great elementary constitutional principle which
was the foundation of the original statute of
1902, and which has been it's essence in tho
various forms it has assumed since it's first
adoption, is that the United States possesses
under the constitution in full measure


THE POWER OF SELF PROTECTION
by its own agencies, altogether independent of
State authority and if need be against the hos
tility of State governments. It should re-
main embodied in our statutes unim paired as
it has been from the orig lin of the government.
1t should be regarded as hardly less valuable
or less sacred than the provisions of the cOnstitu
tion itself. There are many other important
statutes containing provisions that are liable
to be suspended or annulled at times and
places of holding elections if the bill before
me should become law. In regard to them
all it may be safely said the meaning and
effect of this bill is to take from the general
government on important part of its power
to enforce the laws.


ANOTHER GRAVE OBJECTION


to the bill is its discrimination 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 election is
being held in State, to uphold the authority
OF the State government then and there in
need of such military Intervention, but un-
lawful to uphold the authority of the govern
ment of the United States, then and there in
need OF such military Intervention. Under
this bill the presence of the army and navy Of
tho United States would be lawful and might
be necessary to maintain the conduct of the
State election against the domestic
violence that would overthrow it, but
would be unlawful to maintain the conduct Of
national elections against the same local vio-
lence that would overthrow it.


. THIS DISCRIMINATION


has never been attempted in any previous legis-
lation by Congress, and is no more compatible
necessary maxims and methods of our system
of government on occasion of elections than at
other times, In the early legislation of 1902
and of 1875, by which the militia of the States
was the only military power resorted to for the
execution of constitutional powers in support
of State or national authority, both func-
tions of the government we're put on the same
footing by the act of 1907. The employment
of the army and navy authorized for the
performance of


BOTH CONSTITUTIONAL DUTIES
on the same terms. In all later statutes on
the same subject matter the same measure Of
for the performance of both these duties. No
precedent has been found in any previous
Legislature and sufficient reason has been
given for the Discrimination in favor of the
States and against the national authority, which
the bill contains. Under tho sweeping terms
of the bill the national government is effect
ually shut kout from the exercise of the
right, and from the discharge of an
imperative duty to use it's whole executive
power wherever and whenever required for the


ENFORCEMENT OF UNITED STATES LAWS
in places and on times where and when it's
elections are held, the employment of it's Or
ganized forces for any such purpose would be
an offenso against the law, unless called for by,
and therefore upon permission Of the authori-
ties of the State in which the occasion arises.
What is this but the substitution of the direc-
ton of State government for the discretionary
government Of the United States, as to the per-
formance of its own duties. In my judgment
this is an abandonment Of its obligations by
the national government,


sUBoRDINAT1ON OF NATIONAL AUTHORITY,
and an extension of State supervision over
national duties which amounts in spirit and
tendency to State supremacy. Although be.
lieve the existing statutes are abundantly ad-
equate to completely prevent military inter-
ference with the elections in the sense in which
and IS employed by the people of this country
| shall find no difficulty in concurring in any
additional legislation limited to that object
which does not interfere with the indispensa-
BILE exercise Of the powers of the government
and the constitution and laws.


(Signed) RUTHERFORD B. HAYES,


Executive Mansion, May 18th, 1879.
TERRIFIC HAIL.