Year: 1879

l "
the President 10 call forth the militia OF
any and all States, and to employ
such parts of the land and
naval forces of the United States rs he
may deem necessary To enforce the
faithful execution of the laws of the
United States, or to suppress such re-
bellion in whatever State or Territory
thereof the laws OF the United States
may be fOrcibly opposed or the execu-
ton thereof fOrcibly obstructed.


This


Ancient and Fundamental Law


has been i'm force since the foundation of
the government. 1t is now proposed to
abrOgate it on certain days and in GER
tain places. In my judgment no fact
has been produced which tends To show
that it ought to be repealed or suspended
for a single hour at any place in any OF
the States or Territories OF the Union.
All the teachings of experience in the
course OF our history are i'm favor OF sus-
tanning its efficiency unimI aired


On every occasion when the supre-
macy of the Constitution has been re-
sisted and the perpetuity OF our inStitu-
tions imperilled, the principle OF this
statute enacted by the fathers has enabled
the government of the Union TO maintain
its authority and 10 preserve the in
tegrity of the nation ut the most critical
period OF our history. My predecessors
i'm the executive office have relied on
this great principle. Ii was on this
principle that President Washington
suppressed the whisky rebellion in
PENNSYLVANIA in 1894. In 1906, on the
same principle, President Jefferson
broke up the Burr conspiracy by 'ssuing
orders for the employment OF such
force, either Of regulars or of the militia,
and by such proceedings OF the civil
authorities as might enable them to
Suppreas il etfeCtually. Ii was under
the same authority that President Jack
son crushed nulliticatiOn in South Caro-
lima and 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
eXerted to enforce the laws without OBJ
lection, by any party in the country,
and almost without attracting public
attention. The great elementary cOnsti-
tutional principle which was the iOun-
datiOn OF the original statute OF 1892,
and which has been its essence in the
various forms IL has assumed since its
first adoption, is that the government OF
the United States possesses, under the
Constitution, in full measure, the power
of seli-prOteCtiOn by its own agencies
altogether, independent of State author
itv, and, if need be, against the hostility
OF State governments. Ii should remain
embodied I'm our statutes unlmpaired,
as il has beer from the very origin OF
the government. IL should be regarded
as hardly less valuable or less sacred
than the provisions that are liable to be
suspended or annulled ut times and
places OF elections ii the bill before me
should become IA law. / 10 not under
take % furnish list OF them. Many OF
them, perhaps most OF them, have been
set forth in debates on this measure.
They relate TO eXtraditiOn; 10 crimes
against the election laws; to
quarantine regulations; to neu-
trality; 10 the Indian reservations,
10 the civil rights Of citizens, and to
other subjects. In regard To them all, II
may be safely said that the meaning
and effect of this bill is TO take from the
general government an important part
Ol its power 10 enforce the laws.


Another Grave Objection


10 the bill is its discrimination in favor
Of the State and against the National
authority. The presence or employ
ment Of the army or navy of the United
States is lawful under the terms OF this
bill. at the place where an election is be-
ing held i'm a State, TO uphold the
authority OF State govern
meut, then and there in the
need of such military intervention, but
10 is unlawful 10 uphold the authority
of the government of the United states,
then and there, in need of such military
intervention. Under this bill the pres
euce and employment of the army or
navy of the United States would be law
ful and might be necessary TO maintain
the conduct of the State election against
the domestic violence that would over
throw il, but would be unlawful TO
maintain the conduct of national
election against the same local violence
that would overflow IL. This dlScTlml-
nation has never been attempted I'm
any previous legislation by Congress,
and is no more compatible with the
sound principles OF the Constitution or
necessary maNims and methods OF our
system of the government on the Occa-
sion of elections than at other times.
In the early legislation OF 1892 and OF
l7gj, by which the militia Of
the States was the only military
power rrsortcd % for execution Of
Constitutional powers in the support ct
State OF National authorities, both func-
ti1ns of the Government were put upon
the same footing by an act OF 1907. The
employment of the army and navy was
authorized for the performance OF both
Constitutional duties iSin the same terms
I'm an later statutes on the same subject
matter the same measures of authority
90 the Government has been accorded
for the performance of all these duties.
No precedent has been found in any
prr.ious legislation, and no sufficient
reason has been given Tor the diStrImln-
alton iu favor Ol the state and against
the National authority which this bill
contains. Under the sweeping terms OF
the bill the NatiOnal Government Is et-
iectualIv shut out from the exercise Of
right and from the discharge OF lmper-
ativr duty to use its whole executive
power wherever and whenever required
Tor the enforcement OF its laws.


At places and times, where and when
it's elections are held, the employment
Of its organized armed forces Tor any
such purpose would be an ottense
against the law unless called Tor by, and
therefore upon, permission OF the au-
thorities of the State in which the oc-
casion arises. What is this but the
substitution of the discretion Of the
states governments for the discretion
of the government of the United States
as 10 the performance Of its own duties
I'm my judgment this abandonment
OF its obligations by the National Gov
crnment is subortlination OF National au-
thorlty and an intrusion OF State super
vision over National duties, which
a,,nuntS i'm spirit and tendency to State