A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
History
A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
Hayes, Rutherford Birchard, 1822-1893; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
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 an election is being held in
a State to uphold the authority of a State government then and there
in need of such military intervention, but unlawful to uphold the
authority of the Government of the United States then and there in
need of such military intervention. Under this bill the presence or
employment of the Army or Navy of the United States would be lawful
and might be necessary to maintain the conduct of a State election
against the domestic violence that would overthrow it, but would be
unlawful to maintain the conduct of a national election against the
same local violence that would overthrow it. This discrimination has
never been attempted in any previous legislation by Congress, and is
no more compatible with sound principles of the Constitution or the
necessary maxims and methods of our system of government on occasions
of elections than at other times. In the early legislation of 1792
and of 1795, by which the militia of the States was the only military
power resorted to for the execution of the constitutional powers
in support of State or national authority, both functions of the
Government were put upon the same footing. By the act of 1807 the
employment 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 subject-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 no sufficient reason has been given for the
discrimination in favor of the State and against the national
authority which this bill contains.
Under the sweeping terms of the bill the National Government is
effectually shut out from the exercise of the right and from the
discharge of the imperative duty to use its whole executive power
whenever and wherever required for the enforcement of its laws at the
places and times when and where its elections are held. The employment
of its organized armed forces for any such purpose would be an offense
against the law unless called for by, and therefore upon permission
of, the authorities of the State in which the occasion arises. What is
this but the substitution of the discretion of the State governments
for the discretion of the Government of the United States as to the
performance of its own duties? In my judgment this is an abandonment
of its obligations by the National Government--a subordination of
national authority and an intrusion of State supervision over national
duties which amounts, in spirit and tendency, to State supremacy.
Public-domain text, read in full here on John Shaqi.
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