The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1879-05-22

The VETO OF THE MILITARY
/ - BILL.
The r1essaenps Me..aee % me saouse
GtvftG His. HSasoks for vesslng the
Bnl rrohibisipE the Presence a the
military 1t the Polls.
L. s.a, '''i S's 'wAsnrxcroS, May IL.
The following is the message of the
President of the United States, returns
ing to the House of Representatives
the bill entitled can Act to Prohibit
Military Interference at Elections:''
To the H0uec of Representatives: - f,E rih
An act to Prohibit MIita,y Interference at Elcc-
tons, return it to the House Of Representatives
IN which It originated, with tho following objec,
I IN Communication sent to the House of Repre-
sentativcs. on the 2!th 81 last month, rcturpins
titled {. An Act Making Appropriations for the
Support Of the Army for the Fiscal Year Ending
June 30. 1880, and for Other Purposes" / en-.
dcav0Ied to show. by quotations from the statutes
of the United States now in forcc, and by . brief
statement Of facts in regard to the recent elections
lin several States, that no additional legislation
tons by the military naval forces Of the United
! States t.. .f3:. a u y
| The fact was presented in that communication
that at the time Of the passage Of the act Of June
1 IL, 1873, in relation to the employment of the
army az a posse c0aifatms: or otherwise, it was
vital and fundamental principle which would
secure to the people protection against standing
| army. rrss~f-.f - at-.,~ sE =
| Tie fact was also referred to that, since the
passage Of this act, Congressional State and mu-
| licipa1 elections had been held throughout the
Union, and that in no instance has complaint been
made Of the presence of United States soldiers at
Holding, as do, the opinion that any military
interference whatever ut the polls is contrary to
the spirit Of Our institutions. and would tend to
destroy the freedom o. elections and sincerely de-
string to concur with Congress In all Of its meas.
nres, It s With very great regret that am forced
| to the conclusion that the bill before mo Is not
| only unnecessary TO prevent such interference,
but is dangcrous departure from long settled and
| important Constitutional principles.
The true rule as to the employment Of military
forces at elections Is not doubtful. No intimida-
ton or coercion should be allowed to control or
influence citizens In the exercise of their right to
vote, whether il appears in the shape of consbina-
tons Of evil disposcd persons or of armed bodies
Of militia Of State, or of the military force Of the
The elections should be free from all forcible
interference, and. as far as practicable, from all
| apprehension Of such interference. No soldiers:
either of the Union Of the State militia, should
be present at the polls to take the place or to per-
form the duties Of an ordinary civil police force.
There has been and will be no violation Of ths
minfstration. But there should be no denial of
l. the right of the National Government to employ
asy e
Ifstitntion and laws Of the United States.
+ The bill before me is as follows: -
BE 1t enacted, etc., That it shall not be lawful
to bring to or employ at any place where general
| OF special election is being held in State any
part OF the army or navy Of the United States I'M
less suci force be necessary to repel armed enc
mics of the United States, or to enfOre Sec. of
Art 4 of the Constitution of the United Statcs and
the laws made in pursuance thereof on the appli-
State where such force fs to be used; and much
AZ lays as is inconsistent herewith is hereby re-
| 1t will be observed that the bill excmpts from
| the general prohibition against the employm mt
Of military force at the polls two specified cases.
| soundness Of the principle that military forces
may properly and COnsttutiOnally be used at
places of eection when such use Unnecessary toen
fore the Constitution and laws. But the excepted
casos leave prohibition so extensive and far
reaching that its adoption will seriously impair
the efficiency of the Executive Department of the
The, first act expressly authorizing the See of
military power to execute the laws was passed
and the
tsy1Sesident Washington, May 2, 1892. 1t is as
SIC. 2. And be it further enacted that, when
ever the laws of the United States shall be OPP
posed, the execution thereof Obsructed, in any
State. by combinations too powerful to be sup
ceedings or by the powers vested in the Marshals
by this act, the same being certified to the Presi-
dent of the United States BY an Associate Justice
dent Of the United States to call for the militia Of
such States to suppress such cOmbinations and to
cause the laws to be duly executed; and If the
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 SEES
sion. to call forth and employ such numbers OF
the militia Of any other State Or States most con-
venient thereto az may be necessary; and the use
Of the militia so to be called forth may be con-
days after the commencement of the ensuing SEES
SION" a.
acted in law which repealed the act of 1892.
r In 1907 the following act became the law, by
| the approval of President eferson:
to the laws, either Of the United States OF Of any
the President Of the Tinted States call forth the
rection or Il causing the laws to be duly executed,
1t shall be lawful for him to employ for the same
ash the land force the
first observed all the prerequisites Of the law in
By this act it will be seen that the scope of the
law of 1875 was extended 80 as to authorize the
National Government to use, not only the militia,
but the army and navy of the United States, in
the laws to be e
1898 and 1907 modified in it's terms from time to
time, to adapt 1t to the existing emergency, re-
dent Lincoln. e July ~ 1857 was re ~ enacted
substantially in the same language in which it is
now found in the Revised Statutes, viz:
SEC. 52Q8. Whenever, by reason of unlawful
distractions. combinations, or asscmbagcs of per-
sons, rebellion against the authority Of the
| Government Of the United States, it shall become
to enforce by the ordinary course Of judicial pro
| cccdings the laws of the United States, within
any State or Territory it shall be lawful for the
States and to employ such parts Of the land and
| naval forces Of the United States as he may deem
necessary to enforce the faithful execution of the
bcllion, in whatever State Territory thereof the
laws of the United States may be forcibly opposed,
or the execution thereof forcibly. ebstructed."
This ancient and fundamental law has been In
force from the foundation of the Government. It
is now proposed to abrogate Il on certain days, and
In e shnx no sSi
| to be repealed or suspended for single hour at
any place in any of the States Territories of the
Al! the teachings Of experience in the course Of
history in favor Of sustaining its efficiency
| unimpailed on every occasion when the suprem-
perpetuity of our institutions imperiled. The
principle of this statute enacted BY tho fathers has
enabled the Government of the Union to maintain
Nation at the most critical periods in our history.
Ss.e 5s Sd. ri: pSdinsip's
] was Ou AuIS pIlugIpIC tudt IECeiuCuC nsu-
| ington suppressed the whisky rebellion in Penn
| syIvania. In 1894: In 1905, on the same prin-
ciple, President Jefferson broke up, the Burr con-
| spiracy by issuing orders for the employment Of
such force, either of the regulars of the militia,
us might enable them to suppress effectually, the
further progress of the enterprise. 1t was under
| the same authority that President Jackson
President Lincoln issued his call for troops TO-
| save the Union in 1851. On numerous other oc-
casiops of less significance, under probably every
| this power has been usefully exerted I'd enforce
| the laws without objection by any party in the
country, and almost without attracting public at
teItiOn. .sAFl fj'& 1850 .siitf /
! The great elementary Constitutional principle
which was the foundation of the original statute
| of 1892, and which has been it, essence IN the
ton, IL that the Government Of the United States
p6sseeses under the Consultation, ib full measnfe
L the,nnwer eklf. nf0tectihn by if OWN hFouceA