The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-05-21
ANOTHER VETO.
THE PRESIDENT RETURNS THE
ARMY BILL WITHOUT HIS SIG
NATURE.

MAI u IKE.
HIS DIRECTIONS BASED UPON \ PRETEND
ED sUBJECTION OF THE NATIONAL Al
THoRITY TO THAT OF THE STATE.
WAsHNGroS, May I2-The President ha
prepared his message vetoing the I.add bill
10 prevent the use OF troops at elections, an,
VIII return the bill, accompanied by the mes
sage, at noon to-day. The message Is about
one-half the length OF the last one. 1t Is nov
being printed AT the Treasury Department
ana viii be given % the public as soon a
presented to the House.
THE MESSAGE.
The following Is synopsis Of the Presi
dents message vetoing the Ladd bill:
To the House OF Representatives
Alter careful consideration Of the bill en-
titled An act 10 prohibit military interior
ence at elections 1 return il To the House 81
/ Representatives. in which il originated
with the following objections TO it, approval
/ In the communication sent TO the House OF
! Representatives on the twenty-ninth Of last
month, returning to the House without my
| approval the bill entitled An act making
/ appropriations for the support Of the army Tor
/ the fiscal year ending June 80, 1850, and for
other purposes j endeaVorCd to show by quo
/ tations from the statutes OF the United States
now in force and by Il brief statement OF
! facts in regard To recent elections in several
States, that no additional legislation was
necessary to prevent interference with
elections by the military or naval force
OF the United States. ! am forced 10
the conclusion that the bill before me Is
not only unnecessary to prevent such in
reference, but Is a dangerous departure from
long-settled and important constitutional
principles The true rule a. to the employ
ment OF a military 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 10 vote, whether it
appears in shape OF combinations OF evil-dis-
posed persons or armed bodies OF militia OF a
State, or of the military force of the United
States. The elections should be free from all
forcible interference, and, a. lar practicable
from all apprehension OF such interference.
No soldiers either oil the Union or OF the
State, should be present at the polls to take
the place or perform the duties OF the ordina-
~ 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 nation
al government to employ its military force on
any day and at any place in case such en-
plovment Is necessary To enforce the Constitu-
ton and laws of the United States.
The President then quotes acts authoriz-
ing the use OF the military power by the Ex-
ccutive at considerable length and further
said that the whisky rebellion in Pennsy lvania
and the Burr conspiracy, the notification in
| South Carolina, where 1t was crushed by the
Federal government acting on this principle
and that the same authority President
Lincoln issued his proclamation Tor troops to
save the Union in 1861.
Another grave objection to the bill is its
discrimination in favor OF the State and against
the national authority. The presence or en-
ployment of the army or navy OF the United
States is lawful under the terms of this bill at
the place where an election is being held in a
State, to uphold the authority of the State gov
eminent then and there in need of such mill
tary Intervention, but unlawful to uphold the
authority ofthe government OF the United States
then and there in need OF such military inter
vention. Under this bill the presence and en-
plovment OF the army or navy of the United
States would be lawful, and might be necessa-
~ To maintain the conduct OF State election
against the domestic violence that would over
throw it, but would be unlawful to maintain
the conduct OF national election against the
same local violence that would overthrow it.
This discrimination has never been attempted
in any previous legislation by Congress- and
is no more compatible with the sound princi-
piles of the Constitution, necessary measure
and methods OF our system of government on
/, occasions of elections than at other times. In
the early legislation OF 1892 and OF 1875, by
which the militia Of the States was the only
military power resorted to Tor the execution OF
of the constitutional power in support OF State
tA''iAH VI
government were put on the same footing.
BY the act of 1907, the employment of the
army and navy was authorized Tor the perior-
nance of both constitutional duties in the same
terms. In all later statutes on the same sub
iect matter some measure of authority to the
government has been accorded Tor the perform
ance of both these duties. No precedent has been
found in any previous legislation, and no SUI
ticient reason has been given for the dlscrlm-
nation in favor OF State and against the
national authority which this bill contains
Under the sweeping terms OF the bill the
national government II etectually shut out
from the exercise Of the right and from the
discharge OF the imperative duty 10 use its
whole executive power, whenever and where
ever required for the enforcement Of its laws
in places and times where and when It's cleo
tions are held. The employment Of its or
ganized armed force for any such purpose
would be an ollense against law, unless called
for by, and therefore upon the permission OF
the authorities Of the State in which the
occasion arises What is this but the substi-
tuition of the discretion Of the State govern
ments for the discretion OF the government Of
the United States as to the performance of
its own duties
In my Judgment this is the abandonment OF
its obligations by the national government and
a subordination of national authority and the
intrusion of State supervision over national
duties which amounts in spirit and tendency
to State supremacy.
Although | believe that the existing statutes
are abandantly adequate to prevent military
interference with electors in the sense in which
the phrase is used in the title in this BILL and
AS employed by the people of this country, |
shall find no difficulty i'll concurring in any
additional legislation limited to that object
which does not interfere with the indispensa-
BILE exercise of the power Of the government
and the Constitution and laws.
RUTHERFORD b. HAYES.
EXECUTIVE MANSION, May u, 1879.