Year: 1879

regulations, to neutrality, to Indian
reservations, to civil rights Of citizens,
s1d to o.her subjects. In regard to
them all it may be safely said that
the meaning and effect Of this bill is
to take from the General Govern.
ment an important part Of its power
to enforce the laws.


STATE RIGHTS AND NATIONAL AU-


TuoRITY.


Another grave objection to the bill
is its discrimination in favor of the
State and against the National au-
thority. 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 being held in State to
uphold the authority Of State then
and there in need of such military
intervention, but unlawful to uphold
authority of the Government of the
United States then and there in need
of such military Intervention. IN
der this bill the presence aud employ
ment of the army and navy would
be lawful and might be necessary to
maintain the conduct of State elee-
tion against the domestic violence
that would overthrow it, but it would
be unlawful to MAINTAIN the conduct
of national election against the
same local violence that would over
throw it.


This discrimination has never been
atteppted in any previous legislation
by Congress, it is no more compata-
BILE with msxims and methods cf our
system of Government. on the occa-
sion of elections, thfn at other times.


In early legislation Of lI9a and
of l195, by which the militia Of the
States was the only military power
resorted to for the execution Of con-
stitutionsl power in support of State
or National authority, both functions
of Government were put upon the
same footing. By the act of 1907,
the employ of the army or navy
was authorized for the performance
of both constitutional. duties in the
same terms In all later statutes on
the same subject matter the same
measure Of authority to the Govern
ment has been accorded for the per.
torrance of both these duties.


No precedent has been founded in
any previous legislation, and no suf-
6cient reas N has been given for the
discrimina,i N in favor of the State
and against the National authority,
which this bill contains Under the
sweeping terms of the bill the Nation
al Government is efectually shu. out
from the exercise Of the right and
from the discharge of the imperitiye
duty 10 use its whole executive pow
er, whenever and wherever required,
for the enforcement of the laws. At
places and times where and when its
elections are held the employment of
its organized armed forces for any
such pnrpose would be an offence
against the law, unless called for by
and therefore upon the permission Of
the anthorities OF the State 10 which
the occasion arises. What is this
but the substitution Of the discretion
of the Government o. the United
States, ss to the performance of its
own duties


In my jodgu eat, this is al abandon.
ment of its obligations by the Nation
al Government, subordinaiion of
the National Authority. and an intru-
sion of state supervision over Nation
al duties, which amounts in spirit
aud tendency to State supremacy.


Although l believe that the exist
ing statutes are abondantly adequate
to completely p.sysot military
pterference with the elections, in the
sense in which the phrase is used 10
the title of this bill, and is employ led
by the people of this country. shall
end no difficulty in eoncurring in any
additional legislation, limited to that
object, which does not interfere with
the indispensable exercise Of the
powers of the Government and the
CONSTITUTION and laws.


fSigned1


RUTHERFORD b. HAYES.


EXECUTIVE MANSION,


May l2, 1879.