Year: 1879

'NNS eHNNA euS PtStOhSo VI ptcotiNtuS tuc /
peace he should produce a more violent
breach Of it,


These regulations, as already remarked,
are prescribed by the laws and are TO be en-
forced through the agencies Of the several
States, and no federal official has or can |
have any authority to interfere under the |
pretext of executing them, either with or |
without force, unless called upon for that
purpose by the proper State authorities,
under the circumstances and in the manner
provided by the constitution and laws Of the |
United States. It may be repeated, there
fore, that sections 2002 and 552S Of the
Revised Statutes do not even make il law
ful for an officer Of the United States to
assume to keep the peace at the polls of
State election. They simply relieve the
act of employing troops or armed men by
such officer for that purpose, although un-
authorized by law, from certain penalties
which its perpetration without that excuse
might incur; and although they cannot be
nationally construed either as comforting
the authority or imposing the duty to do
50, they operate as license to any federal
official who may have an armed force un-
der his control, or the power to summon
one to his assistance, TO use il under that
prctext to interfere with or control an
election in State whenever he may think
it necessary or convenient for partisan pur-
poses. The dangers to be apprehended
from such an extraordinary license cannot
be exaggerated. Under It corrupt Pres
ident desiring to perpetuate his own power
or to promote the success of his own party
may concentrate large bodies Of troops in
such States as he may select, and have
them distributed and stationed so as to be
within easy call of deputy marshals in-
strueted to disregard all State laws and
State officials and to take such measures
and employ such force as they may see
proper, under the pretence Of suppressing
anticipated disturbances at polls, aud thus
destroy the freedom Of elections and de-
feat the popular will at pleasure.


To take away this mischievous license
and prevent the substitution Of the dis
erection Of petty superserviceable federal
officials for law, the soldier with his bay
onet for the civil officer with his warrant,
and other dangerous abuses to which the
present experience Of our country has
shown it to be liable, was the sole object
and would have been the only effect Of the
bill to prevent military interference at polls
which the President found It impossible 10
approve.


| The third and final objection offered by
the President TO the bill is, TO use his own
language, "its discrimination in favor Of
the State and against the national author
| ity, Under this bill" says he, ethe pres
euee or employment Of the army and navy
OF the United States would be lawful, and
might be necessary, 10 maintain the con
duct of State election against domestic
violence that would overthrow it, but would
be unlawful to maintain the conduct of Q
national election against the same loca
violence that would overthrow it, II
this had been uttered in mere harangut
from the hustings it would probably b,
suspected as specious appeal to popula
OF party prejudice, but found in solem,
state paper, emaDating from the highes
executive magistrate known to our copsti
tuition, it is, Of course, Invested Of an.
such suspicion, and should receive tha
respectful consideration TO which its dis
tinguished source entities il.


IL is unnecessary to undertake to deter
mine here precisely what the Presiden
means BY the term national elections, " o.
to discuss the distinction which he seem
to draw between such elections aud an,
other elections which may be held in
State. The common sense Of the countr,
understands that all elections 10 State
whether for members Of Congress or Gov
ernor, or other State or local officers, ar,
BY the same electors; that those elector
derive their right TO vote, as was correct,
decided by the Supreme Court 10 the case
Of Minor VS.. Huppenset, (2l Wal. 40,
from the State, aud not from the Unitet
States that any act at the polls or else
where by which the free exercise Of tha
right is unlawfully prevented, as we'll al
the abuse Of the right itself, Is punishable
under statute laws; that the people Of 1
State have the same rights and are as much
interested 10 the election Of their repre-
sentatiyes in Congress as they are in choos
ing their local officers; that the result il
each is asccrtained and the evidence Of
election furnished by the State offcials, il
pursuance Of State laws, and that it is as
much within the power and as mnch tn,
duty of the State government to maintain
the conduct Of the one as the other. Mo-
is it necessary to add TO the length Of thii
paper by discussing the right asserted il
behalf Of the government of the United
States to make laws for the supervision o
the elections Of members Of Congress, Of
for the punishment Of illegal voting, o,
the unlawful prevention Of the exercise ol
the right Of suffrage at such an election
1t is sufficient to say, as has already beer
shown, that under the constitution th,
federal government has not, aud no law o
Congress can give it the authority to pre-
serve peace in State at the polls or else
where, unless called upon by the propel
State authorities for that purpose andel
the circumstances for which the constitu
tion has provided. How, therefore
there could possibly be discrimina
tion against an authority that does MOI
and cannot exist il is dificnh 10 see
On the other hand, in order to carry ON
the provision in the fourth section Of the
fourth article Of the constitution for IN.
protection Of the several States from do
nestle violence, il is provided in section
5297 Of the Revised Statutes that ain case
of iusurrection In any State against the
government thereof, il shall Be lawful fol
the President, on application Of tho I.eais.
lature, or of the Executive when the Leg.
islature cannot be convened, to call forth
such number Of militia of any other State
or States, which may be applied as he
deems necessary to suppress such insur-
rection, or on like application 10 employ
for the same purpose such parts Of the land
and naval forces Of the United States az
he deems necessary; aud il is equally i'm.
possible to discover how distinct reser-
vation Of the power Of the President to
suppress an insurrection against the gov
erment Of State at any time or place,
when properly called upon, can be said %
derogatc from the authority Of the United
States. ~