The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1879-05-06
VETOED.
MESSAGE OF PRESIDENT HAYES
yETOING THE ARMY BILL.
se Give. ni. Reasons A, Length.


yetoing the army appropriation bill;
To the House Of Representatives.
have naturally considered the i'm.
portant questions presented by the bill
entitled IAN act making appropriations
for the support of the army for the fis.
cal year ending June 80, 1880, and for
other purposes, aud / now return il
to the House OF Representatives, In
which il originated, with my objections
to it's approval. The bill provides in
the usual form for the appropriations
required for the support OF the army
during the next fiscal year. Y. II con-
tanned no other provisions II would re-
ceive my prompt approval. lt includes
however, further legislation which. at.
tached IA il is TO appropriations that
are requisite for the efficient perform
ance OF some Of the most necessary
duties of tho government, involves
questions OF the greatest character. -
The sixth section Of the bill is amend.
atory OF the statute now ia force in
regard 10 the authority Of persons in
the civil, military and naval service OF
the United States at the place where
any general or special election is held
in any State. This statute was adopt
ed February 25. 1856. after protract-
ed debate in the Senate, and almost
without opposition In the House OF
Representatives by the concurrent vote
of both OF the political parties of the
country, AMI became n law by the ap.
proval OF President Lincoln. 1t was
re-enacted in 1874 in the revised
statutes OF the United States, sections
2O02 and 552S Of which arc ~ follows.
Sec. 2oO2 No military or naval officer or
J other person engaged Ia the civil. military or
, naval service % the United States shall order.
! hrug keep or have under his authority or
! control ans troops or armed men AZ The place
where euy general or special election is held
/ Ia any STATE unless Il be necessary ~ repel
| the armed enemies Of the Cniled States Or 20
keep the pesce at the polls.
} sec SOS Every officer oi the army OF
navy or other person la The civil, military or
/ naval service Of the United States, who or
I ders trings, keep. or has under his authority
\ or control any troops Os armed men AZ any
| place where a general or special election l.
held ID any State, unless such forces be neccf-
/ sary 10 repel armed enemies Of the United
State. or 70 keep the peace at the poll shall
| be lned not more than 5000 and sufer ifn-
! prisonment A. hard labor not less than three
! months nor more than Eve yearA
The amendment proposed 10 this
statute ia the bill before ne omits from
both Of the foregoing sections the
word "Or 90 keep the peace ut the
polls" Tue effect OF adoption OF this
amendment may be considered, trst,
upon the right Of the United Statea
government 20 use military force To
keep peace at elections 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 10 the use Of
military power at the elections are now
in force
Sec. 2OO3. No Oificer % The army or nayy oi
the United states shall prescribe ~ lN, or at
tempt 10 prescribe or Ok, by proclamation.
order or otherwise the qualifications %
voters Ia any STATE. or In ANY mau1er iuter-
fere With the freedom Of any election 10 any
State or with the exercise OF the free Tight OF
suffrage iu any sia.e,
Sec. Rl29 Every oflcer or otLer person 10
Tho military or naval service, who by force.
threat. intimidation. order advice, or other
lee prevents, or attempts 10 prevent, any
qualified voter of any state. from freely exer-
special election 10 such State. shall be nned
not more than s5,O0o and Imprisoned Gt hard
labor not more than nve years.
Sec. $3.50 Every officer Of the army OF navy
who prescr.bes Or axos or attempts % pre-
scribe or fix, whether by proclamation. order
or otherwise, qualifications Of voters At any
election 10 any state shall he punished a,
provided In the preceding section.
Sec 5lSl. Every officer or other person 10
the military or naval service who by force,
threat. intimidation, order or otherwise. com
pels or attempts % compel any officer holding
Al election 10 any state 10 receive vote
from any person not legally qualified 90 vC;e,
or who imposes or attempts To Impose ans
regulations for conducting any general Or
special election iu n state different tom
those prescribed by law. or who interferes In
any manner with any officer % election IN The
discharge oi bis duty. shall be punished 40
provided la section a529
sec. 555l. Every pcrs0n convicted OF Any
Of the oflenses specified Ia the nye preceding
sections shall In addition 10 the punlshment
therein severaily prescribed. DC disqualified
from holding auy Office Of honor, prOlt az
trust under the United States but nothing IN
these sections shall be construed 10 prevent
any officer soldier, sailor or marine from eK
ercising tie right ot suffrage ~ any election
district % which he may belong u otherwise
qualified according 10 the lawsoi the State 10
which he o1ers 90 vote.
The foregoing amendments would
seem 90 be sufficient 10 prevent mill
tary interference with elections; but
the last congress, 10 remove all appre
tensions oi such interference, added
to this body Of laws section l5 Of an
act entitled IAN &C. making Rpproprl-
ations for the support OF the army for
the fiscal year ending June 30th, 1879,
and for other purposes, approved
june 18th. 1878. which is Rs follows:
Sec. IL From and after the passage Of lhis
act Il shall Dot bc lawful 60 employ any part
% lhs army " The Uuited States as posse
comilatus OF Otherwise Tor the purpose OF
executing laws. except 10 such case and uu-
der such circumstance as such employment
u said force may be entirely authorized hy
the constitution Or ty act ui congress. aud ne
money appropriated by THE act shall be used
to Iay Any expenses Incurred 10 the employ
mcnt o.. any troops la Violation oi this sec
llOn. and any person Wllliuily violating thc
| provisions ~ THIS section shail Dc deemed
J guilty or a misdemeanor, and on conviction
thereof shall be punished by ine not cg-
ccediug sl0OO0. of imprisonment not exceed
| ng two years. " by both such hne and I'm
! prlsonmsnt
This act passed the senate after fall
consideration without a single vote re-
t0lutn hEAAhaA th lha Ntht liu-rAktt hAh
10y a majority OF more than two-thirds
il was concurred IN by the House of
Representatives. The purpose OF the
section quoted was stated IN the
Senate by one Of its supporters a. fol
lows Therefore l hope, without get.
\ ting into any controversy abOut the past,
/ but acting wisely for the future, that
We shall take away the threat that the
army can bc used by general or spec
/ ial deputy marshal or any marshal
merely for election purposes az q posse.
ordering them about polls or ordering
them anywhere else, when there Is no
/ election going on. 10 prevent disorders
or suppress disturbances that should
be suppressed 10y peace officers Of the
the State, or, IL they must bring others
10 their AID, they should summons the
unOrgauized citizens and not simmons
officers and men Of the army as a posse
cOmitatus 20 quell distuibers aud thus
get mp feeling which will be disas.
trous % peace among the people OF the
country Ia the house Of representa-
tivos the object Of the &C, Of 1873 was
stated BY the gentleman pho had IL In
I charge in similar terms. He said
"But these are all minor points and iB.
significant questions compared with
the great principle which was ipcorpor.
ated by the House in reference 10 the
Il "A l.. 4.