The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-05-15
THE VETO.
Message of President Hayes Vetoing
the Military Interference Bill.

W
tons, return it to the House of Represents
tives, in which it originated, with the following
objections to its approval: q I'll ae4.s-
In communication sent to the House of Rep
resentatives on the Goth of last month, return
ing to the House without my approval the bill
entitled IAN act making appropriations for the
support of the army for the fiscal year ending
deavored to show by quotations from the stat
utes of the United States now in force, and bya
brief statement OF facts in regard to the recent
elections in several States, that no addi-
tonal legislation was necessary to prevent in
reference with elections by the military or
naval forces Of the United States. 80 : s-s
The fact was presented in that communica-
| ton that at the time of the passage of the act
OF June 1S 1873 in relation to the employment
OF the army as posse cemitatus or otherwise.
| it was maintained by its friends that it would
establish vital and fundamental principle
which would secure to the people protection,
| against a standing army -e a.t5t
passage of this act Congressional, State and
municipal elections had been held throughout
the Union, and that in no instance has COM
plant been made of the presence of United
States soldiers at the polls, fgosGt ....
Holding. as | do, the opinion that any military
|
the spirit Of our institutions, and would tend to
destroy the freedom of elections, and sincerely
desiring to CONCUR with Congress in all of its
measures, it is with very great regret that am
| forced to the conclusion that the bill before me
IS not only unnecessary to prevent such inter
ference, but is a dangerous departure from
long-settled and important constitutional prin-
ciples
The true rule as to the employment of mill
tary forces at elections is not doubtful. No in
! nmldahon or coercion should be allowed to
control or influence citizens in the exercise of
their right to vote, whether it appears in the
shape of combinations of evil-disposed per-
sons or of armed bodies of militia of State.
or OF the military force of the United States
The elections should be free from all forci-
Bile interference, and as far as practicable from
all apprehension of such interference, No
soldiers, either of the Union or of the State
militia, should be present at the polls to take
the place or to perform the duties of an or
binary civil police force
There has been and will be no violation of
this rule under the orders from me during this
administration. But there should be no denial
of the right of the National Government to en-
| ploy Its military force on any day at any place
I'D case such employment is necessary to en-
force the constitution and laws of the United
States ..f ST.. t.5.a ~ 80
The bin before me is as follows: &C Be it en-
|
to or employ at any place where general or
special election is being held in State, any
! part of the army navy of the United States
unless such fore be necessary to repel armed
enemies of the United States, or to enforce sec
ton 4 of article of the constitution of the
United States and the laws made in pur-
suance thereof, ON the application of the
Legislature or the Executive of the State
where such force is to be used: and so much of
! all laws as ls inconsistent herewith is hereby
repealed" ttf -
| 1t will be observed that the bill exempts from
the general prohibition against the employment
of military force at the polls two specified
cases. These exceptions recognize and cor
cede the soundness of the principle that mill
tary forces may properly and constitutionally
| be used at places of election when such use is
| necessary to enforce the constitution and laws
But the excepted cases leave a prohibition so
extensive and far-reaching that its adoption
Will seriously impair the efficiency Of the Ex-
ecutive Department of the Government.
The hrst act expressly authorizing the use of
military power to execute the laws was passed
almost as early as the organization of the Gov
eminent under the constitution, and was ap-
proved by President Washington, May 2, 1892
1t is as follows: -.
Section 3. And be it further enacted. that
whenever the laws of the United States shall be
opposed, or the execution thereof INSTRUCTED
in any State, by combinations too powerful 70
be suppressed by the ordinary course of Judi
cial proceedings, or by the powers vested in the
Marshals by this act, the same being certified
to the President of the United States by an AS
sociate Justice or District Judge, it shall be
lawful for the President of the United States to
,all for the militia of such State to suppress
such combinations and to cause the laws to
be duly executed; and if the militia of
a State where such combinations may
happen shall refuse or be insufficient to
suppress the same, it shall be lawful for the
President, if the Legislature of the United
States be not in session, TO call forth and en-
ploy such numbers of the militia of any other
State or States most convenient thereto as may
be necessary; and the use of the militia so to
be called forth may be continued, if neces-
sary, until the expiration Of thirty days after
the commencement of the ensuing session"
In 1T95 this provision was substantially re-
enacted in law which repealed the act OF 1892.
In 1907 the following act became the law, by
the approval of President Jefferson:
"That in all cases of insurrection or obstruc-
ton to the laws, either of the United States or
of any individual State or Territory where it
is lawful for the President of the United States
to call forth the militia for the purpose Of sup
pressing such insurrection, or of causing the
laws to be duly executed, it shall be lawful for
him to employ for the same purposes such
part of the land or naval force of the United
States as shall be judged necessary, having
nrst observed all the prerequisites or the law
that respect"
By this act it will be seen that the scope of
the law of 1895 was extended so as to author
lze the National Government to use, not only
the militia, but the army and navy OF the
United States, in causing TIE laws to be duly
executed
The important provision of the acts of 1882,
1875 and 1877, mo 1ified in it's terms from time
to time, to adapt it to the existing emergency,
remained in force until by an act approved by
President Lincoln, July 20, 1861. it was re-
enacted substantially in the same language in
which it is now found in the Revised Statutes,
viz: .t
Section 5,293 Whenever, by reason of IN
lawful distinctions, combinations or assem-
blagAs Of persons. or rebellion against the au-
thorlty of the Government of the United
States, It shall become impracticable, in the
Judgment of the President, to enforce, by the
ordinary course of judicial proceedings, the
laws of the United States within any State or
Territory, it shall be lawful for the President
to call forth the militia of any or all the States,