The Portland daily press., 1879-05-13
ANOTHER VETO.
The President Declines to Sign the
Military Bill.
SUBSTANTIALLY THE SAME OBJEC
TIONS AS TO THE ARMY BILL.
The Proposed Legislation Unnecessary
and Harmful.

reference at Elections"
To the House Of Representatives.: After care
full consideration of the bill entitled IAN act to
prohibit military interference at elections" |
return it to the House of Representatives in
which it originated, with the following obiec-
lions to its approval.
In the communication sent to the House of
Representatives on the 29th of last month. re-
turning to the House without my approval the
bill entitled can Act making appropriations
for the support of the army for the fiscal wear
ending June 80, 1880, and for other purposes"
| endeavored to show by quotations from the
statutes OF the United States now in force and
by brief statement of facts in regard to recent
elections in the several States, that no addi-
tional Legislation was necessary to prevent
interference with the elections by the military
or naval forces OF the United States. The fact
was presented i'll that communication that at
the time of the passage of the act of June 18th,
1878, in relation to the employment OF the
army as a posse comitatus or otherwise, it
was maintained by its friends that it would
establish a vital and fundamental principle
which would secure the people protection
against a standing army. The fact was also
referred to that since the passage OF this act,
Congressional, State and municipal elections
have been held throughout the Union, and
that i'll no instance has complaint been made
of the presence of United States soldier at the
polls. Holding, as 1 do, the opinion that any
military interference whatever at the polls is
contrary to 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 re-
greet that / am forced to the conclusion that the
bill before me is not only not necessary to pre-
vent such interference, but is a dangerous
departure from long settled and important con-
stitutional principles.
The true rule as to the employment of mill
tary force at the elections is not doubtful. No
intimidation 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 persons
or of armed bodies of the militia of state or of
the military force of the United States. The
elections should be free from all forcible inter-
ference, and as far as practicable from all APP
prehension 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 the ordinary civil
police force. There has been and will be no
violation of this rule under orders from me
during this administration, but there should be
no denial of the right of the National Govern
ment to employ its military force on any day
and at any place in case such employment is
necessary to enforce the Constitution and
the laws of the United States
The bill before me is as follows:
"Be it enacted ETC., that it shall not be lawful to
bring to or employ at, any place where general
special election is being held in state any part Of
the army or navy of the United States unless such
force be necessary to repel the armed enemies of the
United States, or to enforce section A. article of
the Constition of the United States, and the laws
made in pursuance thereof on application of the
Legislature or Executive, of the state where such
force is to be used, and much of all laws ISM
consistent herewith is hereby repealed
| 1t will be observed that the bill exempts
from the general prohibition against the en-
ployment OF military force at the polls two
and concede the soundness of the principle
that military force may properly and consti-
| tutionally be used at the place of elections
| when such use is necessary to enforce the con-
| Stitutlon and the laws. But the excepted
| eases leave the prohibition so extensive and
| far reaching that its adoption will seriously
| impair the efficiency of the Executive Depart
| ment OF the Government. The first act ex-
| pressly authorizing the use of military power
to executethe laws was passed almost as early
as the organization of the Government under
the Constitution, and was approved by Presi-
dent Washington, May 2, 1892. 1t was as
follows:
SECT. 2-And be it further enacted that when
the laws of the United States shall be opposed
the execution thereof be INSTRUCTED in any State
by combinations too powerful to be suppressed by
the ordinary course of judiciary proceedings by
the powers vested in the marshals by this act the
same being notified to the President of the United
States by Associate Justice the District Judge
it shall be lawful for the President of the United
States to call forth the militia of such State to sup
press such combinations and cause the laws to be
duly executed, and if the militia of State where
such combinations may happen shall refuse or be
for the President, if the Legislature of the United
States be not in session tOcall forth and employ
such numbers of the militia of any other State or
States most convenient thereto as may be necessary,
and the of militia so to be called forth may be
continued il necessary until the expiration of 80
days after the commencing OF the ensuing scssiuu.
In 1875 this provision was substantially re-
enacted in law which repealed the act of
| 1892. In 1907 the following act became law
by the approval of jefferson
"That in all cases of instruction obstruction
laws either of the United States any individ-
ua state territory where lawful for the President
call forth the militia for the purpose of suppress
ing such insurrection or of causing the laws to be
duly executed it shall be lawful for him to mploy
for the purposes such part of the land naval
force of the United States is judged necessary
having first observed all the prerequisites of the law
in that respect
By this act it will be seen that the scope of
helaw 1895 was. extended SO as to authori: q
| the national government to use not only the
militia but the army and navy of the Unitep
States in causing the laws to be duly executed
| The important provision of the acts of 1892
| 1875 and 1907 modified in terms from time to
time to adapt them to existing emergencies
remained in force until by an act approved by
President Lincoln, Jnly 1861, it was re-enacted
substantially in the same language in which il
is now found in the Revised Statutes
The President then quotes the existing
statute.
This antecedent and fundamental law has
been in force from the foundation of the
government. 1t is now proposed to abrogate it
on certain days and at certain places. In my
| judgment no fact has been produced which
| tends to show it ought to be repealed or sus-
pended for single hour at any place. in any
of the states or territories of the Union. All
| the teachings of experience in the course of
our history are in favor of sustaining its effcien
| cy unimpaired. On every occasion when the
| supremacy of the constitution has been
resisted and the perpetui y of QUIZ institutions
imperilled the principle of this statute has
| enabled the government to maintain the
! authority of the nation. AT the most critical
| periods of our history my predecessors in the
| principle. 1t was on this principle that WASH
ington suppressed the whiskey rebellion in
Pennsylvania in 1874. In 1906 on the same
principle Jefferson broke up the Burr con-
spiracy by issuing orders for employment of
such force either of regulars or militia, and
by such proceeding of civil authorities as might
enable them to suppress effectually the further
progress of the enterprise. And it was under
the same authority that jackson crushed multi
fication in South Carolina and that Lincoln
issued the call for troops to save the Union in
1861. On numerous other occasions of less signi-
ficance under probably every administration,
and certainly under the present this power has
been usefully employed to enforce the laws
without objection by any party in the country
and almost without attracting public atten-
ton.
The great elementary constitutional princi-
pie which is found originally in the statute of
Ii92, ana winch has been It's essence IN the
various forms it assumed since the first
adoption is that the government of the
United States possesses under the constitution
in full measure the power of self protection by
its own agencies altogether Independent Of
state authority, and if need be, against the
hostility of state governments 1t should
remain embodied in our statutes unimpaired as
it has been from the very origin of the govern
ment 1t should be regarded as hardly less
valuable or less sacred than provision of the
constitution itself. There are many other
important statutes containing provisions liable
to be suspended or annulled at times and
places of holding elections if the bill before
me should become law. L do not undertake
to furnish list of them many of them, per-
haps most of them, having been set forth in
the debates on the measure. They relate to
extradition, crimes against election laws to
quarantine regulations to neutrality of Indian
reservations, to civil rights of citizens and to
other subjects. In regard to them all it may
be safely said that the meaning and effect of
the bill is to take from the general government
an important part of its power to enforce the
laws.
Another objection to the bill is its discrim-
nation in favor of the state and against the ma
a,1tI,1