Year: 1879

being notified TO the President Of the United States
by an Associate Justice or the District Judge ~
shall be lawful for the President Of the Unlteu
States 10 call forth the militia OF such State 10 sup
press such combinations and TO cause the laws 10
be duly executed. and if the militia OF state Where
such combinations may happen shall refuse OF pe
Insufficient to suppress tho same, it shall be
lawful for the President. If the Legislature OF
the United States be not i'll session, 10; 10 eaf
forth and employ such members of the militia OF
any other State States most convenient tnereIo
as may be necessary; and the use OF militia soTv so
to be called forth may be continued IL necessary
until the expiration of thirty days after the con-
mencement Of the ensuing session.


In 1895 this provision was substantially reeh-
acted in a law which repealed the Act of 17o2. In
1907, the following act became the law by tho ap'
proval of President Jefferson:


That In all cases of insurrection obstruction
to the laws either of the United States or or any n
dvdual State or Territory, where 1t Is iawIuli L l
the President of the United States to cal 1ortn .o
militia for the purpose of suppresspg such nsulicc
ti0n of causing the laws to be duly executeu,I III
shall be lawful for him to employ for the same Pui P
poses such part of the Land or naVal FORCES pa t
United States shall be judged necessary, naVing


first observed all the prerequisites OF the law Ill haV
respect.


BY this act 1t will be seen that the scope OF tho
law of 1895 was extended as to authorize the
National Government to use not only the militia
but the Army and Navy of the United States III
causing the laws to be duly executed.


The important provision of the Acts of 1872, lIoo





to adapt it to the existing emergency, remained III
force until, by an act approved by President LIN
coln July 90 1861, it was reGnacted. substantially
in the same language in which it is now found III
the Revised Statutes. viz:


SEC l. 1298.-Whcnever, by reason of unlawful oD-
stuctons combinations or aSsemblages OF persons
or rebellion against the authority OF the Govern
nent of the United States il shall become impract-
cable In the judgment of the President TO enforce
by the ordinary course of judicial proceedings the
or Territory, it shall be lawful for the
President 70 Gan forth the militia ,,,6f of
such parts of the land and naval forces OF the
United States as he may deem necessary to enforce
the faithful execution of the laws OF the United
States or to suppress such rebellion, in whatever
state or Territory thereof the laws of the United
States may be forcibly opposed or the execution
thereof forcibly obstructed


This ancient and fundamental law has been In
force from the foundation of the Government. 1t is
now proposed to abrogate it certain days and at
certain 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 Territories of the
Union. All the teachings Of experience in the
course of our history are in favor Of sustaining
its efficiency unimpaircd. On every occasion when
the supremacy of the Constitution has been re-
sisted and the perpetuity of our institutions I'M
peTed the principle of this statute enacted by the
fathers has enabled the Government of the Union
10 maintain its authority and to preserve the in
tegrity of the Nation. AT the most critical periods
Of our history my predecessors IN the Executive
Office have relied on this great principle.


II was on this principle that President Washing
ton suppressed the "Whiskey Rebellion" III Penn
sylvana in 1874. In 1906, on the same principle
President jefferson broke up the Burr conspiracy
by issuing orders for employment of such force
either of the regulars Of the militia, and by such
proceedings Of the civil authorities as
might enable them to suppress enecIuapJy ~
the further progress OF the enterprise
and it was under the same authority that
President Jackson crushed nuilhGatlon In Sonth
Carolina, and that President Lincoln issued
his call for troops to save the Union In 1851. On
numerous other occasions of less significance under
probably every Administration, and certainly under
fhe present, this power has been usefully eXerted
TO enforce the laws without objection by any party
in the country. aud almost without attracting
public attention.


The great elementary constitutional principle
which was the foundation 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
der the Constitution in full measure the power of
self-protcction by its own agencies altogether
independent of State authority, and, II need be,
against the hostility Of State Governments. 1t
should remain embodied in our statutes unimpared,
rs it has been from the very origin OF the Govern
ment. Ii should be regarded as hardly less valuable
or less sacred than provision OF the Constitution
itself.


There are many other important statutes con-
tanng provisions that are liable to be suspended
or annuled at the times and places of holding cleo
tions if the bill before should become law.
do not undertake to furnish a list of them.
Many Of them, perhaps the most of them,
have been set 1orth IN the i;ai ueDaics on
crimes against the election laws, to quarantine
regulations, TO neutrality, to Indian reservations,
10 civil tights of citizens, and TO other subjects. In
regard 10 them all It may be safely said that the
meaning and effect of this bill Is to take from the
General Government an important part of Its power
to enforce the laws.


A DISCRIMINATION AGAINST THE NATION.


Another grave objection to the bill is its discrim
nation in favor Of the State and against the Ma
tional authority The presence employment 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 a'i-
thority Of State Government then and there in
need of such military intervention, Dut unlaWlul
To uphOld the authority OF the Government OF the
Irnited states then and there III need OF such
military intervention. Under this blli tle presence
and emDlovment of the Army or Navy of the United
SITES ,yonld be lawful and might be necessary to
maintain the conduct of State election against
the domestic violence that would overthrow 1t, but
wouId be unlawful to maintain the conduct OF a
National election against the same local violence
that would overthrow II. THIS discrimination has
never been attempted IN any previous legislation by
Congress- and Is no more compatible with the sound
principles of the Constitution or the necessary max
ims and methods Of our system of government on
occasions of elections than at other times.


In the early legislation of 1892 and of 1895, by
which the militia of the States the only mill
tary power resorted to for the execution Of the con-
stitutonal powers in support of State or National
authority, both functions Of Government were put
upon the same footing BY the Act of 1907, the en-
ployment of the Army and Navy was authorized for
the performance Of both constitutional duties In the
same terms. In all later statutes on the same sub
iect matter, the same measure of authority to the
Government has been accorded for the performance
of both these duties. No precedent has been found
in any previous legislation and sufficient reason