Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1879-05-21
The Veto Message.

interference at elections"
TO the House Of Representatives:
After careful consideration Of the bill entitled
can act to prevent military interference at cleo
tions, return it to the house of representatives
in which it originated, with the following objec-
lions to its approval
In communication sent to the house of repre-
sentatives on the goth of last month, returning to
the house without my approval, the bill entitled
- an act making appropriations for the support
of the army for the fiscal year ending June 30th,
| 1850. and for other purposes l endeavored to
| show by quotations from the statutes of the
United States, in force, and by brief statement
OF facts i'll regard to recent elections in several
states that no additional legislation neces
sary to prevent interference with elections by
! the military or naval forces of the United States
| The fact was p esented in that communication
| that at the time OF the passage of that act or
| June 18th, 1885, in relation to the employment of
the army as a posse c0nitdtuS, or otherwise, it
was maintained by its friends that it would es-
| tabliSh the
| VITAL AND FUNDAMENTAL PRINCIPLE
which would secure to the people protection
against standing army. The fact also
ferred to- that since the passage of this act the
| congressional, state and municipal elections
| have been held throughout the uniOn and that in
/ no instance has a complaint been made of the
presence of United States soldiers at the polls
| Holding, as 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 regret that am
forced to the conclusion that the bill before me is
| not only unnecessary to prevent such interior
ence, but is dangerous departure from long set
tied and important constitutional principles.
| The true rule as to the employment of military
| force 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 it appears in the shape of COM
bnatons OF evil-6isposed persons, or of armed
| bodies of militia Of state, or OF the military
| force of the United States. The elections should
be free from all iorcibe interference and as far
| as practicable from all apprehension OF such in
reference. No soldiers, either of the union 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 violation of this rule under orders
| from me during this administration. but there
| should be 40 denial Of the right Of the national
day and al any place; such employment is neces-
sary TO enforce the constitution and laws OF the
| United States.
| THE BILL BEFORE ME Is AS FOLLOWS:
"Be it enacted, 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 armed enemies of the United
| States or enforce section 4, article ~. of the
constitution of the United States and laws made in
pursuance thereof. application of the legislature
executive of state where such force is to be used
and SO much OF all laws as is inconsistent Herewith
| is hereby repealed"
1t will be observed the bill exempts from the gen.
eral prohibition against the employment OF military
force at the polls two specified These exemp
| tons recognize and Concede the soundness of the
principle that the military force may properly and
constitutionaly be used at places of elections, when
such is necessary enforce the constitution and
laws; but the excepted cases leave the prohibition
extensive and farreaching that its adoption will Sc
riousy impair the efficiency OF the executive Depart
nent OF the government.
HISTORICAL INFORMATION.
The first act expressly authorizing the of mill
tary power to execute the laws was passed almost
early as the organization of the government under
| the constitution and approved by Preside ns
Washington. May 20, 1892. 1t was follows:
Section 2. And be it further enacted, That
wherever the laws of the United States shall be op
posed the execution thereof INSTRUCTED in any
state by combinations too powerful to be suppressed
by the ordinary of judicial proceedings, by
powers vested In the marshals by this act, the
being ratified to the president of the United States
by associate justice district judge it shall DO
lawful for the president of the United States to
der the militia OF such state to suppress such CON-
blnatlons and to the laws to be duly executed.
And If the militia of state where such combina-
tons may happen shall refuse be insufficient to
suppress the same it shall be lawful for the pres-
dent, if the legislature of the United States be
IN session, to call forth and employ such numbers of
the militia OF any other state states most
nient thereto, may be necessary. And the use OF
the militia SO to be called forth may be continued, if
necessary till the expiration of thirtydays after the
commencement Of the ensuing session.
In 1895
THIS PROVISION WAS SUBSTANTIALLY RE-ENACTED
in law which repealed the act OF 1872. In 1907
President Jefferson:
EsThat in all cases OF insurrecton or obstruction
TO the laws either OF the United States or OF any
individual, state or territory where it Is lawful
for the president OF the United States to call forth
the militia for the purpose of suppresslng such
instruction or OF causing the laws to be duly
ecuted, it shall be lawful for him to employ for
the same purposes such part of the land and naval
force of the United States as shall be judged
necessary.
Having first observed all the prerequisites OF
the law IN that respect, by tins it will be
the scope of the law OF .795 was extended as to
authorize the national government to use not
only the militia but the army and navy of the
United States ON every occasion when the
prem scy OF the constitution has been resisted
and the perpetuity of cur institutions 1mperled.
The principle OF this statute enacted by the
fathers has enabled the government of the union
to maintain its authority and to preserve the in
tegr1ty OF the nation at the most critical periods
OF history. My predecessors in the executive Of
hce have relied on this great principle. 1t was
On this principle that President Washington sup
pressed the whisky rebellion in Pennsylvania in
1884. In 1906. on the same principle,
PRESIDENT JEFFERSON BRoKE UP THE BURR CON-
by Issuing orders for the employment of such
force, either of the regulars of the militia and
oy such proceeding of the civil authorities as
might enable them to suppress efectually the
further progress OF the enterprise independent
OF state authority, and it need be, against the hos
Tue state governments. 1t should remain embod-
led IN our statutes uuimpaired, as it has been
from the very origin Of the government. 1t should
oe regarded as hardly less valuable Or less sacred
than the provision of the constitution itself
There are many other important statutes con-
tanning provisions that are liable to be suspend.
ed or ann1lsd at the times and places of holding
elections If the bill before me should become
law. do not undertake to furnish a list of them.
Many Of them. perhaps most of them, have been
set forth in debates this measure. They re.
late to extradition, to crimes against elections to
quarantine regulations, to neutrality to Indian
reservations, to civil rights Of citizens. It was
UNDER THE SAME AUTHORITY
that President Jackson crushed the notification
IN South Carolina, that President Lincoln issued
his cali for troops to save the union in 1861 On
numerous other occasions of less significance
under probably every administration and certain
ly under the present, this power has been useful
" exerted to enforce the laws without objection
by any party in the country and almost without
attracting public attention. The great elemental
ry constitutional principle which the founda-
ton of the original statute OF 1892 and which has
been lts essence in the various forms it has as
sumed since its first adoption, is that the govern.
ment of the United States possesses under the
constitution, in full measure the power of self
protection by it's own agencies.
The important provision of the acts of 1892
1875 and 1907, modified in its terms from time to
time to adapt it to the existing emergency re-
manned in force until by an act approved by
President Lincoln July 29th, 1861, it was re-en.
acted substantially he Iopo