even the civil authority to protect Congressional elections is denied to the United States. The object is to prevent any adequate control by the United States over the national elections, by forbidding the payment of deputy marshals, the officers who are clothed with authority to enforce the election laws.

The fact that these laws are de-med objectionable by a majority of both Houses of Congress is urged as a sufficient warrant for this legislation.

"There are two lawful ways to overturn legislative enactments. One is their repeal; the other is the de

cision of a competent tribunal against their validity. The effect of this bill is to deprive the executive department of the Government of the means to execute laws which are not repealed, which have not been declared invalid, and which it is, therefore, the duty of the Executive and of every other department of Government to obey and to enforce.

"I have in my former message on this subject expressed a willingness to concur in suitable amend. ments for the improvement of the election laws; but I cannot consent to their absolute and entire repeal, and I cannot approve legislation which seeks to pre"RUTHERFORD B. HAYES.

vent their enforcement.

Vote in the House on passage of the bill. The bill, which had originally passed the House, June 10, 1879, by a strict party vote of 102 yeas to 84 nays, was amended and passed by the Senate June 16. The House disagreed June 18, and a committee of Conference on the disagreement between the two Houses reported, and on June 19, the report was adopted in the House by the following vote :

YEAS-Messrs. Acklen, Armfield, Atkins, Backman, R. L. T. Beale, Beltzhoover, Bicknell, Blackburn, Blount, Bouck, Bright, J. W. Caldwell, Clardy, J. B. Clark, Caymer, Cobb, Coffroth Colerick, Cook, Cravens, Culberson, Davidson, J. J. Davis, L. H. Davis, Deuster, Dibrell, Elam, Ellis, J. H. Evins, Felton, E. B. Finley, Forney, Geddes, Goode, Gunter, Hatch, Henkle, Henry, Herbert, Herndon, Hill, Hooker, Hostetler, House, Hull, Hunton, Hurd, Johnston, Kimmel, King, Klotz, Lounsbery, Manning, B. F. Martin, E. L. Martin, McKenzie, McLane, McMahon, McMillin, Mills, Morrison, Myers, New, O'Connor, Persons, Phelps, Phister, Reagan, J. S. Richardson, E. W. Robertson, Rothwell, J. W. Ryon, Samford, Sawyer, Scales, Shelley, Simonton, O. R. Singleton, Slemons, Sparks, Springer, Steele, Stephens, STEVENSON, Taylor, P. B. Thompson, Jr., Tillman, R. W. Townshend, O. Turner, Upson, Vance, Waddill, A. J. Warner, Wellborn, Whiteaker, Whitthorne, T. Williams, A. S. Willis, Wilson, Wise, WRIGHT, C. Young-102.

NAYS-Messrs. N. W. Aldrich, W. Aldrich, Anderson, J. H. Baker, Barber, Bayne, Bingham, Blake, Bowman, Brewer, Briggs, Browne, Burrows, Butterworth, Calkins, Carpenter, Caswell, Claflin, Conger, Cowgill, Crapo, Daggett, G. R. Davis, Deering. Dunnell, Errett, Farr, Field, Fisher, Fort, Garfield, Harmer, B. W. Harris, Haskell, Hawk, Hayes, Hazelton, Henderson, Horr, Houk, Hubbell, Humphrey, Jorgensen, Joyce, Keifer, Killinger, Marsh, J. J. Martin, Mason, McCoid, McCook, McGowan, McKinley, Miller, Mitchell, Monroe, Morton, Neal, Norcross, O'Neill, Orth, Osmer, Overton, Price, D. P. Richardson, G. D. Robinson, W. A. Russell, T. Ryan, Sapp, Shallenberger, Sherwin, A. H. Smith, Thomas, Tyler, J. T. Updegraff. T. Updegraff, Van Aernam, Voorhis, Wait, C. G. Williams, Willits-81.

Vote in the Senate.

NAYS Messrs. Allison, Blair, Booth, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, Chandler, Dawes, Ferry, Hill of Colorado, Kirkwood, Logan, McMillan, Platt, Rollins, Saunders, Wisdom -17.

Vote in House to pass the bill over the

veto.

June 23rd, a motion to pass the bill notwithstanding the President's objections, lacked the requisite two-thirds, and the bill failed, by the following vote:

YEAS.-Messrs. Acklen, Aiken, Armfield, Atkins, Bachman, R. L. T. Beale, Bicknell, Blackburn, Bliss, Bouck, Bright, J. W. Caldwell, Clardy, J. B. Clark, Clymer, Cobb, Coffroth, Colerick, Converse, Cook, Covert, Cravens, Culberson, Davidson, J. J. Davis, L. H. Davis, Deuster. Dibrell, Dickey, Elam, J. H. Evins, Ewing, Felton, E. B. Finley, Forney, Gibson, Goode, Gunter, N. J. Hammond, Hatch, Henkle, Henry, Herbert, Herndon, Hill, Hooker, Hostetler House, Hull, Hunton, Johnston, Kimmel, King, Klotz, Manning, B. F. Martin, E. L. Martin, McKenzie, McMahon, McMillin, Mills, Morrison, Myers, New, O'Connor, Persons, Phelps, Phister, Reagan, J. S. Richardson, E. W. Robertson, Ross, Rothwell, E. W. Ryon, Samford, Sawyer, Scales, Shelley, Simonton, O. R. Singleton, Slemons, Sparks, Springer, Steel, Stephens, STEVENSON, Talbott, Taylor, P. B. Thompson, Jr., Tillman, R. i. Townsend, O. Turner, Upson, Vance, Waddill, Wellborn, Whiteaker, Whitthorne, T. Williams, A. S. Willis, Wilson, Wise-102.

NAYS-Messrs. W. Aldrich, Anderson, J. H. Baker, Barber, Bayne, Blake, Bowman, Brewer, Briggs, Browne, Burrows, Butterworth, Calkins, Cannon, Carpenter, Caswell, Conger, Cowgill, Crapo, Daggett, G. R. Davis, Deering, Dunnell, Errett, Farr, Ferdon, Field, Fisher, Fort, Garfield, J. Hammond, B. W. Harris, Haskell, Hawk, Hawley, Henderson, Hiscock, Hoar, Houk, Hubbell, Humphrey, Jorgensen, Joyce, Keifer, Killinger, Marsh, J. J. Martin, Mason, McCoid, McCook, McGowan, McKinley, Mitchell, Monroe, Neal, Norcross, O'Neill, Orth, Osmer, Overton, D. P. Richardson, G. D. Robinson, W. A. Russell, T. Ryan, Sapp, Shallenberger, Sherwin, A. H. Smith, Thomas, A. Townsend, Tyler, J. T. Updegraff, T. Updegraff, Van Aernam, Wait, Ward, C. G. Williams, Willits-78.

PART VI.

Veto of United States Marshals' Appropriation Bill - Votes in House and Senate on Passage of Bill, and in the House to Pass it despite the Objections of the President.

Following is the President's veto :

"To the House of Representatives:

"I return to the House of Representatives, in which it originated, the bill entitled An act making appro priations to pay fees of United States marshals and their general deputies,' with the following objections to its becoming a law.:

first session after the adoption of the Constitution in

1789. Their general duties, as defined in the act which originally established them, were substantially the same as those prescribed in the statutes now in force. The principal provision on the subject in the Revised Statutes is as follows:

"SECTION 787. It shall be the duty of the marshal of each district to attend the district and circuit courts

when sitting therein, and to execute, throughout the district, all lawful precepts directed to him, and issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty.'

"The original act was amended February 28, 1795, and the amendment is now found in the Revised Statutes in the following form:

SECTION 788. The marshals and their deputies shall have, in each State, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such State may have, by law, in executing the laws thereof.'

"By subsequent statutes additional duties have been from time to time imposed upon the marshals and their deputies, the due and regular performance of which are required for the efficiency of almost every branch of the public service. Without these officers there would be no means of executing the warrants, decrees, or other process of the courts, and the judicial system of the country would be fatally defective. The criminal jurisdiction of the courts of the United States is very extensive. The crimes committed within the maritime jurisdiction of the United States are all cognizable only in the courts of the United States. Crimes against public justice; crimes against the operations of the Government, such as forging or counterfeiting the money or securities of the United States; crimes against the postal laws; offenses against the elective franchise, against the civil rights

of citizens, against the existence of the Government; crimes against the internal revenue laws, the customs laws, the neutrality laws; crimes against laws for the protection of Indians, and of the public lands-all of these crimes and many others can be punished only under United States laws-laws which, taken together, constitute a body of jurisprudence which is vital to the welfare of the whole country, and which can be enforced only by means of the marshals and deputy marshals of the United States. In the District of Columbia all of the process of the courts is executed by the officers in question. In short, the execution of the criminal laws of the United States, the service of all civil process in cases in which the United States is a party, and the execution of the revenue laws, the neutrality laws, and many other laws of large import-ance, depend on the maintenance of the marshals and their deputies. They are in effect the only police of

the United States Government. Officers with corre

sponding powers and duties are found in every State of the Union and in every country which has a jurisprudence which is worthy of the name. To deprive the

National Government of these officers would be as dis

astrous to society as to abolish the sheriffs, constables, and police officers in the several States. It would be a denial to the United States of the right to execute its laws-a denial of all authority which requires the use of civil force. The law entitles these officers to be paid. The funds needed for the purpose have been collected from the people, and are now in the Treasury. No objection is therefore made to that part of the bill before me which appropriates money for the support of the marshals and deputy marshals of the United States.

"The bill contains, however, other provisions which

are identical in tenor and effect with the second section of the bill entitled, An act making appropriations for certain judicial expenses,' which, on the 23d of the present month, was returned to the House of Representatives with my objections to its approval. The provisions referred to are as follows:

next fiscal year. The object manifestly is to place before the Executive this alternative: either to allow necessary functions of the public service to be crippled or suspended for want of the appropriations required to keep them in operation or to approve legislation which in official communications to Congress he has declared would be a violation of his constitutional duty. Thus in this bill the principle is clearly embodied that, by virtue of the provision of the Constitution which requires that all bills for raising revenue shall originate in the House of Representa tives,' a bare majority of the House of Representatives has the right to withhold appropriations for the support of the Government unless the Executive consents to approve any legislation which may be attached to appropriation bills. I respectfully refer to the communications on this subject which I have sent to Congress during its present session for a statement of the grounds of my conclusions, and desire here merely to repeat that, in my judgment, to establish the principle of this bill is to make a radical, dangerous and unconstitutional change in the character of our institutions. "RUTHERFORD B. HAYES. "EXECUTIVE MANSION, June 30, 1879."

Vote in House on passage of the bill. June 26, 1879.-After debate of one hour, the bill passed by the following vote:

YEAS-Messrs. Acklen, Aiken, Armfield, Atkins, R. L T. Beale, Bicknell, Blackburn, Bouck, Bright, J. W. Cald well, Clardy, J. B. Clark, Clymer, Cobb, Coffroth, Converse, Cook, Covert, Cravens, Culberson, Davidson, J. J. Davis, L H. Davis, Deuster, Dibrell, Dickey, Elam, Ellis, J. H. Evins, Felton, E. B. Finley, Forney, Gibson, GILLETTE, Goode, Gunter, N. J. Hammond, Hatch, Henkle, Herbert, Kimmel, King, Le Fevre, Lounsbery, Manning, B. F. Mar Herndon, Hill, Hooker, House, Hull, Hunton, Johnston, tin, McKenzie, McMahon, McMillin, Mills, Morrison, My ers, New, Persons, Phelps, Phister, Reagan, J. S. Richardson, Rothwell, J. W. Ryon, Samford, Sawyer, Scales, Shelley, Slemons, H. B. Smith, Springer, Stephens, STEV ENSON, Talbott, Taylor, P. B. Thompson, Jr., Tillman, R. W. Townshend, O. Turner, Upson, Waddill, Wellborn, Whiteaker, T. Williams, A. S. Willis, Wilson, Wise-90.

NAYS-Messrs. W. Aldrich, Anderson, J. H. Baker, Barber, Bayne, Blake, Bowman, Brewer, Briggs, Caswell, Conger, Cowgill, Crowley, Daggett, G. R. Browne, Burrows, Butterworth, Cannon, Carpenter, Davis, Deering, Dunnell, Errett, Farr, Field, Fisher, FORD, Fort, Garfield, Godshalk, J. Hammond, Harmer, Hubbell, Jorgensen, Joyce, Keifer, Lapham, Marsh, Haskell, Hawk, Hawley, Henderson, Hiscock, Horr, O'Neill, Orth, Osmer, Pound, W. A. Russell, T. Ryan, Mason, McCoid, McGowan, Mitchell, Monroe, Neal, Sapp, Shallenberger, Sherwin, Thomas, Tyler, J. T. Updegraff, Valentine, Van Aernam, Voorhis, Wait, Ward,

H. White, Willits-69.

Vote in the Senate on passage of the bill. June 28, the bill passed the Senate by the following vote:

YEAS-Messrs. Beck, Call, Cockrell, Coke, Eaton, Garland, Groome, Hampton, Harris, Hereford, Houston, Jonas, Jones of Florida, Kernan, McPherson, Maxey, Morgan, Pendleton, Ransom, Saulsbury, Slater, Vance, Vest, Voorhees, Walker, Williams-26.

NAYS-Messrs. Blair, Burnside, Cameron of Wisconsin, Conkling, Ferry, Hill of Colorado, Kellogg, Kirkwood, Logan, McMillin, Morrill, Platt, Rollins, Saunders, Windom-15.

by law.'

"Upon a reconsideration in the House of Representatives of the bill which contained these provisions, it lacked a constitutional majority, and therefore failed to become a law. In order to secure its enactment, the same measure is again presented for my approval, coupled in the bill before me with appropriations for the support of marshals and their deputies during the

Vote in the House on passing the bill over the veto.

ing vote:

YEAS-Messrs. Acklen, Aiken, Armfield, Atherton, Atkins, Bicknell, Blackburn, Bouck, Bright, J. W. Caldwell, Chalmers, Clardy, J. B. Clark, Clymer, Cobb, Coffroth, Converse, Cook, Covert, Cravens, Culberson, Davidson, J. J. Davis, L. H. Dams, Dibrell, Dickey, Elam, J. H. Evins, Felton, E. B. Finley, Forney, Frost, Gibson, Gunter, N. F. Hammond, Hatch, Henkle, Herbert,

Herndon, Hill, Hooker, House, Hull, Hunton, Johnston, Kenna, King, Le Fevre, Manning, B. F. Martin, E. L. Martin, McMillin, Mills, Morrison, Myers, New, Persons, Phelps, Phister, Reagan, J. S. Richardson, Rothwell, J. W. Ryon, Samford, Sawyer, Scales, Shelley, Simonton, Slemons, H. B. Smith, Springer, Stephens, STEVENSON, Talbott, Taylor, P. B. Thompson, Jr., Tillman, R. W. Townsend, O. Turner, Upson, A. J. Warner, Wellborn, Whiteaker, T. Williams, Wise-85.

NAYS-Messrs. W. Aldrich, Anderson, Barber, Bayne, Blake, Bowman, Brewer, Briggs, Browne, Burrows, Butterworth, Cannon, Carpenter, Caswell, Conger, Cowgill. Daggett, G. R. Davis, Deering, Errett, Farr, Field, FORD, Fort, Garfield, Godshalk, J. Hammond, Haskell, Hawk, Hawley, Henderson, Horr, Hubbell, Joyce, Keifer, Ketcham, Killinger, Lapham, Marsh, Mason, McCoid, McGowan, Mitchell, Monroe, Neill, O'Neill, Osmer, W. A. Russell, T. Ryan, Shalleuberger, Sherwin, A. H. Smith, Thomas A. Townsend, Tyler, J. T. Updegraff, T. Updegraff, Valentine, Van Aernam, Voorhis, J. Van Voorhis, Ward, Willits-63.

PART VII.

"It is impossible for me to look without grave concern upon a state of things which will leave the public service thus unprovided for, and the public interests thus unprotected. And I earnestly urge upon your attention the necessity of making immediate appropriations for the maintenance of the services of the marshals and deputy marshals for the fiscal year which commences to-morrow. "RUTHERFORD B. HAYES. "EXECUTIVE MANSION, June 30, 1879." In the House

nothing further was attempted or done at the Both House and Senate Special session. treated the message with marked contempt.

Senate Proceedings.

In the Senate, same day, Mr. Windom brought in a bill making appropriations to pay U. S. marshals and their general deputies, whereupon the Democratic majority-the vote being 27 yeas to 19 Nays-amended it by adding the following:

"And no part of the money hereby appropriated is

tion with registration or elections on election day.

urgency:

"To the Senate and House of Representatives:

"The bill making provision for the payment of the fees of United States marshals and their general deputies, which I have this day returned to the House, in which it originated, with my objections, having upon its reconsideration by that body, failed to become a law, I respectfully call your attention to the immediate necessity of making some adequate provision for the due and efficient execution by the marshals and deputy marshals of the United States of the constant and important duties enjoined upon them by the existing law. The appropriations to provide for the performance of these indispensable duties. expire to-day. Under the laws prohibiting public officers from involving the Government in contract liabilities beyond actual appropriations, it is apparent that the means at the disposal of the executive department for executing the laws through the regular ministerial officers will, after to-day, be left inadequate. The suspension of these necessary functions in the orderly administration of the first duties of the Government for the shortest period is inconsistent with the public interests, and at any moment may prove inconsistent with the public safety.

"SEC. 2. That the sums appropriated in this act for the persons and public service embraced in its provisions are in full for such persons and public service for the fiscal year ending June thirtieth, eighteen hunGovernment shall, during said fiscal year, make any contract or incur any liability for the future payment of money under any of the provisions of title twentysix mentioned in section one of this act until an appropriation sufficient to meet such contract or pay such liability shall have first been made by law; and that any officer of the Government or any other person who shall violate any of the provisions of this section, or of sections 3678, 3679, 3680, 3681, 3682, 3683, and 3690 of the Revised Statutes of the United States, shall, upon conviction, be punished by a fine of not exceeding five thousand dollars, or by imprisonment for not exceeding five years, or by both such fine and imprisonment, in the discretion of the court.'

The bill was then indefinitely postponed by the following vote :

YEAS-Messrs. Bailey, Bayard, Beck, Call, Cockrell, Coke, Eaton, Garland, Groome, Hampton, Harris, Hereford, Houston, Jonas, Kernan, McPherson, Maxey, Morgan, Pendleton, Saulsbury, Slater, Vance, Vest, Voorhees, Walker, Whyte, Williams-27.

NAYS-Messrs. Blair, Burnside, Cameron of Wisconsin, Carpenter, Chandler, Conkling, Ferry, Hill, of Colorado, Kellogg, Kirkwood, Logan, McMillan, Morrill, Paddock, Platt, Rolling, Saunders-17.

for other purposes,' I return it to the House of Representatives, in which it originated, with my objections to its passage.

"The bill appropriates about $8,000,000, of which over $600,000 is for the payment of the fees of United States marshals, and of the general and special deputy marshals, earned during the current fiscal year, and their incidental expenses. The appropriations made in the bill are needed to carry on the operations of the Government and to fulfill its obligations for the payment of money long since due to its officers for service and expenses essential to the execution of their duties under the laws of the United States. The neces

PART II.

Special Bill Regulating Pay, etc., of Deputy Marshals-Veto and Vote.

Following is the President's veto :

"To the Senate:

"After mature consideration of the bill entitled 'An act regulating the pay and appointment of deputy marshals,' I am constrained to withhold from it my approval and to return it to the Senate, in which it originated, with my objections to its passage.

"The laws now in force on the subject of the bill before me are contained in the following sections of the Revised Statutes:

***SEC. 2021. Whenever an election at which Representatives or Delegates in Congress are to be chosen is held in any city or town of 20,000 inhabitants or upward, the marshal for the district in which the city or town is situated shall, on the application in writing of at least two citizens residing in such city or town, appoint special deputy marshals, whose duty it shall be when required thereto to aid and assist the supervisors of election in the verification of any list of persons who may have registered or voted; to attend in each election district or voting precinct at the times and places when and where the registration may by law be scrutinized and the names of registered voters be marked for challenge; and also attend at all times for holding elections the polls in such district or precinct.

"SEC. 2022. The marshal and his general deputies shall keep the peace and support and protect the supervisors of elections in the discharge of their duties, preserve order at such places of registration and at such polls, prevent fraudulent registration and fraudulent voting thereat, or fraudulent conduct on the part of any officer of election, and immediately, either at the place of registration or polling place or elsewhere, and either before or after registering or voting, arrest and take into custody, with or without process, any person who commits or attempts or offers to commit any of the acts or offenses prohibited herein, or who commits any offense against the laws of the United States; but no person shall be arrested without process for any offense not committed in the presence of the marshal or his general or special deputies, or either of them; or of the supervisors of elections, or either of them; and for the purposes of arrest or the preservation of the peace the supervisors of elections shall, in absence of the marshal's deputies, or if required to assist such deputies, have the same duties and powers as deputy marshals; nor shall any person on the day of such election be arrested without process for any offense committed on the day of registration. "SEC. 2023. Whenever any arrest is made under any provision of this title the person so arrested shall forthwith be brought before a commissioner, judge, or court of the United States for examination of the offenses alleged against him, and such commissioner, judge, or court, shall proceed in respect thereto, as authorized by law in case of crimes against the United States.

"SEC. 2024. The marshal or his general deputies, or such special deputies as are thereto specially empowered by him in writing, and under his hand and seal, whenever he or either or any of them is forcibly resisted in executing their duties under this title, or shall, by violence, threats, or menaces, be prevented from executing such duties or from arresting any person who has committed any offense for which the marshal or his general or special deputies are authorized to make such arrest, are, and each of them is, empowered to summon and call to his aid the bystanders or posse comitatus of his district.

SEC. 2028. No person shall be appointed a supervisor of election or a deputy marshal under the preceding provisions who is not at the time of his appointment a qualified voter of the city, town, county, parish, election district, or voting precinct in which his duties are to be performed.

"SEC. 5521. If any person be appointed a supervisor of election or a special deputy marshal under the provisions of title, the elective franchise," and has taken the oath of office as such supervisor of election or such special deputy marshal, and thereafter neglects or

refuses, without good and lawful excuse, to perform and discharge fully the duties, obligations, and requirements of such office until the expiration of the term

for which he was appointed, he shall not only be sub Ject to removal from office with loss of all pay or emol

uments, but shall be punished by imprisonment for not less than six months nor more than one year, or by a fine of not less than $200 and not more than $500, or by both fine and imprisonment, and shall pay the cost of prosecution.

"SEC. 5522. Every person, whether with or without any authority, power or process or pretended authority, power or process of any State, Territory, or municipality, who obstructs, hinders, assaults, or by bribes, solicitation, or otherwise, interferes with or prevents the supervisor of elections, or either of them, or the marshal or his general or special deputies, or either of them, in the performance of any duty required of them, or which he, or they, or either of them, may be authorized to perform by any law of the United States in the execution of process or otherwise, or who, by any of the means before mentioned, hinders or prevents the free attendance or presence at such places of registration or at such polls of election, or full and free access and egress to and from any such place of registration or poll of election, or in going to and from any such place of registration or poll of election, or in any going to such place of registration or poll of election, or to and from any room where any such registration or election or canvass of votes or of making any returns or certificates thereof, may be had, or who molests, interferes with, removes or ejects from any such place of registration or poll of election or of canvassing votes cast thereat, or of making returns or certificates thereof, any supervisor of election, the marshal or his general or special deputies, or either of them, or who threatens or attempts or offers so to do, or refuses or neglects to aid and assist any supervisor of election, or the marshal or his general or special deputies, or either of them, in the performance of his or their duties when required by him or them, or either of them, to give such aid and assistance, shall be liable to instant arrest without process, and shall be punished by imprisonment not more than two years, or by a fine of not more than $3,000, or by both such fine and imprisonment, and shall pay the cost of prosecution.'

"The Supreme Court of the United States, in the recent case of ex parte Siebolt and others, decided at the October term, 1879, on the question raised in the case as to the constitutionality of the sections of the Revised Statutes above quoted, uses the following language: "These portions of the Revised Statutes are taken from the act commonly known as the enforcement act, approved May 31, 1870, and entitled 'An act to enforce the right of citizens of the United States to vote in the several States of this Union, and for other purposes,' and from the supplement to that act, approved February 28, 1871. They relate to elections of members of the House of Representatives, and were an assertion on the part of Congress of a power to pass laws for regulating and superintending said elections, and for securing the purity thereof and the rights of citizens to vote thereat peaceably and without molestation. It must be conceded to be a most important power, and of a fundamental character. In the light of recent history and of the violence, fraud, corrup tion, and irregularity which have frequently prevailed at such elections, it may easily be conceived that the exertion of the power of it may be necessary to the stability of our form of government.

*

*

*

"The greatest difficulty in coming to a just conclusion arises from the mistaken notions with regard to the relations which exist between the State and National Governments. It seems to be often overlooked that a National Constitution has been adopted in this country, establishing a real government therein, and which, moreover, is or should be as dear to every American citizen as his State Government is. Whenever the true conception of the nature of this Government is once conceded, no real difficulty will arise in the just interpretation of its powers. But if we allow ourselves to regard it as a hostile organization opposed to the proper sovereignty and dignity of the State Governments, we shall continue to be vexed with difficulties as to its own jurisdiction and authority. No greater jealousy is required to be exercised toward this Government in reference to the preservation of our liberties than is proper to be exercised toward the State Governments.