The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-06-12
THE Veto POKER.


The Veto Power.
THE JUDICIARY Committees REPORT on THE
PRESIDENTIAL VETO OF THE "MILITARY-IN-
TEMPERANCE BILL"
WASHINGTON, June 11.-Hon. Proctor
Knott, OF the House Judiciary Committee,
submitted to the House to-day the commit
tees report upon the presidential message
vctoins House bill No. 1882. known as the
NEUTRALITY-SUSPICIOUS. bill" The docu-
ment is six or seven thousand words in
length, and takes up ard examines in detail
all the objections made blythe President to
the bill in question. It begins by stating
that the danger TO be apprehended from
the presence OF troops at the polls is sufli-
GENTLY apparent, and has been re-
peatedly pointed out long ago, rs in
1868 Congress found it necessary to pass Il
bill to obYiac it by strictly prohibiting mil
itary interference with elections, except
upon the call OF Il State or to keep peace nj
the polls. That bill was approved by Mr..
Lincoln, and is now in force. as in sections
2002 and 552S Of the Revised Statutes the
words "kcep peace at the polls" were not
in the original draft Of the bill, but were
added in the Senate against the rcmon-
strances OF the majority OF its supporters.
who feared they would be miSconStrued
and used as 4 preteXt TO evade with imp,l-
nifty the penalties prescribed. TO remove
that prctcNt and prevent the rccur-
renee OF practices already shown to be
dangerous, the present Congress-, in
making appropriations for the support
Of the army, struck out the words in cues.
ton. The President thereupon returned
the bill without his signature, because, in
his opinlon-tirst, it was unnecessary; sec
ond, it would prevent civil officers from
using the civil force to keep peace at the
polls; and third the method of the repeal
ing clause in question was not in harmony
with the Executive taste.
The first two objections the committee
passes for the present without remark
With regard to the third the report says
"Thc manner OF repeal was in strict con.
| formity to the Constitution and the rules oil
the House, and was justified by numerou:
precedents in the annals OF Federal legis
lation. The latest Of these precedcnts was
contained in the army appropriation bill fol
| the present fiscal year, which the President
signed without objection, notwithstandins
4 provision contained therein prOhibitin!
the use OF the army as 4 posse c0mitdtus
1t might not be improper. therefore, for tht
| President TO devote some attention to th,
| consist sncy Of his own record, il not 10 tbt
ordinary proprieties hitherto observed b,
| the CHER Magistrate, IN communicating
with the Supreme legislature OF the coun
try"
The report then recites the preparation
and passage Of separate measure OF th,
same nature with view to obyiate tn,
Presidents objections to the method OF re
peal, and says ii, too, was returned withou
approval. II then takes up and examines
in course the Presidents reasons for veto
in. the measure in question. With resart
to The first OF them, that the bill IS unneces
sary, the report says: " Whether the opln
! ion OF the majority Of the representatives o
the peopla is entitled TO any consideration Il
the hands OF the Chief Executive is, O
course, 4 matter to be determined by him
sell; but it is impossible to read the twt
veto messages together without being strucl
bv their marked difference III tone IS re
CARDS this objection. The inevitable con
ciusion 10 be drawn from the first message
was that all authority TO Use the army ut tht
polls, even in aid OF the civil officers, was II
city If not expressly abiured. In the srcont
message, however, there Is no such dis
claimer. 1t is admitted that elections ought
to be free from military interference, bu
there is no intimati0n that such interference
would be unlawful. On the contrary. tic
inference from the second message is tina
under certain circumstances it would bt
emincntv proper. The entire argumen
against the necessity of the bill is therefore
lett TO rest upon The Presidents assertion
that troops have not been and will not bt
used 10 interfere With elections during hi.
administration; but his term OF Office vii
soon end, and his opinions may change
The subjects OF 4 deSpot must depend FOL
security upon the grace OF their-ma>ter, bu
free people will insist upon guarantees o
! positive law"
The second obiection Of the President tc
the measure under consideration is that j
would abrogate ut certain times and place:
| q number OF existing laws, especially sec
ton 529S. Revised Statutes, which he say
was sanctioned by Washington, Jefferson
jackson, and Lincoln, and contains tn,
principle acted upon by four President
more enGeared than all others to the Ameri
can peoDle. With regard 10 this objection
! the report says if the President had exam
lined the facts connected with the transac
/ tons to which he aliudes he would hav,
F! found that neither OF the four illus
trious patriots referred to either dit
or proposed to do anything which
would not have been lawful under lht
strictest letter Of the bill which he now We
toes. In proof Of this assertion, the repor
reeites the circumstances Of the Whiske,
rebellion in, 1893, the conspiracy Of Aaror
| Burr, the notification movement Of 1882 il
South Carolina, and the outbreak Of the Iats
civil war. 1t adds: "A sufficient answer
to this objection, however, is that it is IN
true. The various statutes to which be re
fers, including section 529S, are as com
pletely a5rogated by the act approved b,
President Lincoln February q, 1865, a
they possibly could have been by thi
bill bad the President signed ii. !
mere glance at the two measures wi
place this proposition beyond doub
! in any candid mind. 1t is matte
of regret. therefore, that the Presiden
should, have assumed position SO u
terly without foundation. 1t should b
borne In mind, however. that sections zoo
and 520s neither confer the power nor in
t pose the 'tlCty upon any officer OF the Unite
/ States to keep peace at the polls. Congre'