The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1879-04-29
VETOED.
President Hayes Objections
to the Army Appro-
priation Bill.
National Associated Press to the Star.

National Associated Press to the Star.
WASHINGTON, D. c., April 29.-The fol-
lowing is the Presidents message, vetoing
the Army Bill:
| To the House Of Representatives.:
l have maturely considered the important
questions presented by the bill entitled
"An Act, Making Appropriations for the
Support OF the Army for the Fiscal Year,
Ending June 80, 1880, and for Other Pur-
poses,' and l now return it to the
House of Representatives, in which
| it originated, with my objections
to its approval. The bill provides in the
usual form for the appropriations required
for the support of the army during the
next fiscal year. If it contained no other
provisions it would receive my prompt ap-
rroval. 1t includes, however, further leg
slation, which, attached as it is to appro-
prations of some of the most necessary du-
ties of the Government, involves questions
of the gravest character.
The sixth section of the bill is amendato-
ry of the statute now in force in regard to
the authority Of persons in the Civil, Mill
tary and Naval Service OF the United States,
at the place where any general or special
election is held in any State. This statute
was adopted Feb. 25th, 1865, after pro-
tracted debate in the Senate, and almost
without opposition in the House of Repre-
sentatives, by the concurrent votes Of
both of the leading political parties
of the country, and became a law by the
approval of President Lincoln. 1t was re-
enacted in 1874 in the Revised Statutes OF
the United States, Sections 2,0O2 and 5 5,52S,
which are as follows:
Section 2,002. No military or naval Off
Ger or other person engaged in the civil
military or naval service OF the United
States shall order, bring, keep or have un-
der his authority or control any troops
or armed men at the place where
any general or special election is held in
any State, unless it be necessary to repel
the armed enemies of the United States, or
to keep the peace at the polls.
"Section 5,52S. Every Off Ger OF the Army
or Navy, or other person in the Civil, Mill
tary or Naval Service OF the United States,
who orders brings keeps, or has under his
authority or control, any troops or armed
men at any place where general or
special election is held in any State,
unless such force be necessary to repel
armed enemies OF the United States or to
kttp Ilie ItltG tt bhc lpliH' o'iuii DS hiiNN'
not more than $5, 900 and suffer imprison-
ment at hard labor not less than three
months nor more than five years.
The amendment pre- posed to this statute
in the bill before me omits from both OF
the foregoing sections the words COR to
keep the peace at the polls"
The effect of the adoption of this amend
ment may be considered: First, upon the
right of the United States Government to
use military force to keep the peace at cleo
tions for members of Congress; and second,
upon the right of the Government by civil
authority to protect these elections from
violence and fraud.
In addition to the sections OF the statute
above quoted, the following provisions of
law relating to the use of military power
at the elections are row in force:
Section 1908. No officer of the army or
navy of the United States shall prescribe or
fix or attempt to prescribe or fix by procla-
nation order or otherwise the qualitica-
tions of voters in any State, or in any man
ner interfere with the freedom of any cleo
ton in any State, or with the exercise of
the Tree right of suilragein in any State"
The message further quotes Sections
$500, $500 553l and 5,532, which prescribe
punishments for persons in the military
/ or naval service of the Government who
interfere with the rights of voters at elec,
tions and says:
The foregoing enactments would seem to
be sufficient to prevent military interfer.
ence with elections. But last Congress,
to remove all apprehension OF
such interference, added to this
body of the law, Section $50, of an act en-,
titled, "An act making appropriations for
the support OF the army for the fiscal year
ending June 30tl 1879, and for other pur.
poses," approved June 18th, 1873, which is
as follows:
"Section Is. From and after the passage
of this act it shall not be lawful to employ
any part OF the army of the United States
as posse comitatus or otherwise for the
purpose of executing laws, except in such
cases and under such circumstances
as such employment OF said force may be
expressly authorized by the Constitution
or by act OF Congress, and no money ap
propriated by this act shall be used to pay
any of the expenses incurred IN the
employment of any troops in violation
Of this section, and any person willfully
viola ing the provisions of this section
: shall be deemed guilty of a misdemeaner
and, on conviction thereof, shall be pun
ished by fine not exceeding $4,000
or Imprisonment not exceeding tive
years, or by both such, fine and imprson
, ment. This act passed the Senate after ful
consideration without single vote recorded
against it. On its final passage, by ma
jority of more than two-thirds, it was con
Cured in by the House of Representatives
The purpose OF the section quoted was stated r
the Senate BY one Of its supporters as follows
Therefore | hope without getting into any con
wisely for the future, that we shall
take away the idea that the army can be used BY
u General or Special Deputy Marshal, orany Mar
shal, merely for election purposes as posse, or
dcling them about the polls, or ordering them
anywhere else when there is no election going on
J TO prevent disorders or to suppress d turbance:
that oud be suppressed by peace officers OF the
State, or II they must bring others to their aid
they should summon the unorganzcd citizens and
not summon officers and men of the army as
posse comitatus to quel disturbe S, and thus
get up a feeling which will be disastrous to peace
among the people Of this country
In the hands OF the Republicans the object Of
the act OF 1873 was stated by the gentleman who
, had 1t in charge in similar terms. He 50 d
But these are all minor points and insgnf
cant questions compared with the great principle
which was Incorporated by the House in the bill
in reference to the Use Of the army in time of peace
the Senate had already conceded what they called
and what we might accept as principle but they
had stricken out the penalty, and had stricken ou,
the word expressly, so that the army might be
used in all cases where implied authority might
planted themselves firmly upon the doc
trine that rather than yield this
fundamental principle for which for three years
this House has struggled, they would allow the
bill to fail, Notwithstanding the reforms we had
secured. Regarding these reforms as of but
tile fSns bs tY aSHssde Of the bs great pa
States in time OF peace should be
under the control of Congress and obedient to its
laws after a long and protracted negotiation
the Senate Committee have conceded that prin.
ciple in all It's length and breadth, including pen
atty which the Senate had stricken out, We