New-York tribune., 1879-06-12
A SUMMARY OF THE REPORT.
TnR OBJECTS OF rHr DEMOCRATS AND THE CAUSE

The first part OF the report OF the DeWoctdts VI 'o
House Judiciary Committee is dull, being devoted
chiefly TO a recitation of well-known iacts ABOUT
the passage of the two Army bills and the vetoes Of
them. The following extracts show the tenor Oh
this part of the report:
The Committee on the Judiciary, having had under
consideration the OF the President of the united
States assigning his objections TO the approval OF house
bill No l. 1872, entitled "An act to prevent mlary IN
reference with elections" would respectfully submit
the following report thereon;
The dangers to apprehended from the presence Of
armed troops at the banot-bOx may not now be os-
cussed They have repeatedly illustrated In the
history OF our own and other countries II
they are not sufficiently obvious, indeed 10 sue-
gest themselves instantly 10 the most ORDINARY
capacity The present Secretary OF War mas laiu
IL down in his work on the American law of elections as
an automatic truth. that armed force ID the hegh
borhood Of the polls is almost Of necessity menace 10
the voters and an with their freedom ana
tndepepdence" and the author OF the message u
der consideration himself admits that any mhary lu
reference whatever at the polls is contrary TO e spirit
Of our institutions and would tend to destroy the Tree
dom OF elections
This ruti was rendered apparent by the hagitious
condnct OF certain Federal officers whe arbitrarily as
sumed 10 control the elections in several of the states III
1868 that Congress found h necessary to pass an aS
which approved by President Lincoln on e e fr
OF February 1865, making IL highly penal Ohehet Io
any person engaged in the civil. military or paval ser
United States 10 ORDER Drng, Keep or hNo
under his authority any troops OF ateu el q" Id
where an election is held IN any STATE uuless SouI
be necessary repe the armed enemies OF the Oneu
states or 10 keep The peace the polls and the same
provision subsequently, rtenacted' anu Is nov IN
force as sections 2'ooz ana o'o-0 VI 'no A'''-''D
The words cor to keep the peace at the polls" were
NOT IN the original Of the bat added III lhe
senate as an which was earnestly opposed
by large majority OF those who favored the passage o
They maintained that it would be either ignorany or
wlliuiy miscousrueG as an attempt DS tGusles9 20
IL. 4lfig
tlons OF conseryaOrs Of tie peace at Saie elec ions
and tba under the preteXt OF dong 50 theg vVu 6
~, ~ ~ Igbt ot rrrNnt history ii is unnecessary eunm
erate tie repeated and alarming instances IL when
apprehensons In that regard have been more Sn
10 remove that pretext therefore, and prevent pos
she recurrence OF such dangerous piac III lutuIe
the pr sent Congress- in the exercise of lis undOuote
tight 70 prescribe the purposes for which the and anu
naval forces OF The Government shAiI ne usCu', sSM
proper making appropriations Tor the support o III Wv
Army for the ensuing wear strike those words rom
the statutes that "a should not Gny ne ceaN unS"
fu but penal offence for any Federal Official 70 epol
troops OF armed Stale election for any pnrpOse
Whatever, except TO repel the armed enemies oi the
T6sf b the President returned the House Of Rep
TeseHtttYes without his signature.
GUARANTEEs-sELF-PRoTEC
The report does not "pause to consider" whether
the Presidents comments on legislation by means
of riders should or should not be regarded as an
impertinent interference with the constitutional
privileges of the Legislative Department of tho
;oyerumeptD but it goes TO argue at some length
that legislation by that method of procedure IS IN
conformity with the Constitution aud the practice
Of Congress- 1t recites the facts about the passage
of the second Army bill ia form which, II was
thought was calculated to avoid veto, together
with the well-known facts about the veto and its
arguments. The following comments are made in
passing on the arguments Of the veto:
The entire argument against the necessity of the bill
ler Presidents
assertion that troops have not been ana VIII not pe
ned 10 interfere with State election during hs ad
nInistraton That assertion no doubt sincere but
unfortunately for Its validity as reason iOf refusing 10
approve blll 1sspeu To- To- 'S tr,O Of the rresent
Executive limited, and he may Do succeeded IN t1e eA
regard Tor The freedom and purity OF the bal
ot 1bau ne Processes himself 10 entertain moreover
b s human aud liable To change, and no one but him.
Lii can know TO what the partisan debates IN
Congress may have influenced ms opinions even upon
the questions involved IN the veto under
ne subjects OF n despot must depend for security hOh
the grace Of their master, Dut Tee ptOplc, II luV
would remain free, VIII INSIST upon the guarantees VI
The next objection 10 the approval OF the bill. as al
legged IN the message, Is that II would abloee on GER
tain days ana al certain places humber OF laws put
especially section 529S OF the Revised statutes, W,,ch
i. referred u ancient ana 1uhdatneh
tl law which has been force from the OuhGal9on OF
the Government ana seems 20 ne cti,y ~ nof
President as invested with come peculiar sahotS hot
pertaining any other provision an the enfe 1sle o
American Jurisprudence lie enarge upon ne ne nst
that TINS section was -
fngtop Jefferson aud DnOolD, and contains te pfhepie
Xl
deared 10 the American PeOple t'h ~ v0
most critical periods in thelr respective aohui'u"-
- =, l,.-o.., - .,,0
United sta possesses in the fullest extent he power
cies it was SIMPLY an attempt establish proposition
which mind will pretend TO deny ana Wh'eh
III no Sc Inconsistent with the spirit or leer OF Tue
bi winch he found IL impossible 10 approve But pare
cotpparison OF the several acts would nave SHOWN nun
that he the object to be attained Dy each OF theo was
precisely the same. tHeIe Is Eaierlt Gnere99s enc
in the details OF tie one signed by Nashmklo%n mn IN - ISz
or the one approved by Mr. Jefferson ~ 1907 ana those
of s~ction 29s appears IN the Revised Statutes
ana besides. If lie had examined Inc Icts cohheetea
have found that neither four illustrous patriots
and statesmen whom he refers either d or proposed
10 do snytblnV when would not have been perfectly
lawful under strotest letter OF the DIN ne returned
20 the House. had IL been IN force AT the ms lie WOMB
have discovered, moreover that neither or them ever
construed either OF the acts cited by him rs eonferrng
upon the any OF his su6ordnates any aro
risry oT extra legal power. but merely authorizing
the use or le necessary for securing the eKeeu-
ton of the in te regular methods ana through the
agencies prescribed by tho law.
The report reviews the facts about the Whiskey
Insurrection of 1793-94 the case OF Aaron Burrthe
nulhfeaton outbreak in JacksOn'S time, the rebel
lien in 1861, and continues:
Its abundany evident therefore, that even had The
President approved the hill he could m similar con
ttpgency nave thing that was done by ehef
od he ustriOus predecessors IN The instances clteu
without violating ether the letter or spirit Of the act
suRccnt answer however 10 this objection is that
ls pof true Owing perhaps 10 the limit ed time lie al
SSsd od a. to observe the fact that the
statutes which he refers, including section DDS are
As cOmpetely abrogated OF suspended Dy the acI hP
proved by President Lincoln on the 21th day OF req
Iuary 1863 as they posD could be by the b 10 pre-
vent lnintary interference with eecuOns, had ne re
tnrntd Il To the House with his approval.
WHO MUST KEEP THE PEACE.
IL should be- borne In nind however, that sections
Oo2 and 52S neither confer the authority nor Impose
the duty upon officer of tne United states to Keep
fine peaee at the polls 1T election IN state. Con-
ress has no power under the Constitution TO confer
such authority 10 impose any such duty 1t 1t
would The power 20 establish such police regn-
laiions as may be necessary for the preservation
domestic order and me prevention OF Niolehee
ana crime affecting life property within
their respective limits belongs exclusively to Tie
several States and the Federal Government can OILY
intervene to the State ia the execution OF it's
own laws for that purpose upon application OF the