The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1879-05-20
ANOTHER VETO.
The President Puts His Foot
Down on the Military
Interference Bill.
II is Opposed to the Legislation Of
the Fathers OF the Re-
public.
And an Encroaehment Upon the Powers
aud Duties or the Ex.
ecutlye.

WASHINGTON, May l2.-The follow.
ing is the message Of the President Of
the United States returning to the
House of Representatives the bill en-
titled "An act to prohibit military in.
reference at elections.
To the House Of Representatives.
After careful consideration of the
bill entitled "An act to prohibit mill.
tary interference at elections. / return
il to he House of Representatives., in
which il originated, with the following
objection to its approval: In a com
munication sent to the House OF Rep
resentatiyes on the 29th OF last month,
returning 10 the House without my APP
proval the bill entitled "An act making
appropriations for the support of the
army for the fiscal year ending June
30. 1880, and for other purposes, | en-
deavored TO show, by quotations from
the statutes OF the United States now
in torce, and by a brief statement OF
the facts in regard TO the recent cleo
tions in several States. that no adj
ditional legislation was Necessary 10
prevent interference with elections 10y
military or naval forces OF the United
States. Tho fact was presented in that
communication that at the time of the
passage OF the act of June 18th, 1873,
in relation TO the employment of the
army as a posse comitatus, or other
wise. il was maintained by its friends
that il would establish vital aud fun.
damental principle which would secure
to the people protection against
standing army The fact was also re-
ferred TO that, since the passage of this
act, Congressional, State and munich
pal elections have been held through
out the Union, and that, in no instance.
has complaint been made OF the pres
ence 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 de
stroy the freedom OF elections, and
sincerely desiring 10 concur with Con-
gress in all Of its measures, il is with
very great regret that am forced TO
the conclusion that the bill before me
is not only unnecessary to prevent
such interference, but is a dangerous
departure from unsettled aud import
ant constitutional privileges.
The true rule as to the employment
Of all military force at elections is not
doubtful. No intimidation or coercion
should he allowed 10 control or influ-
euce citizens in the exercise OF their
right 20 vote. whether il appears in the
shape Of combinations -oftevil-disposed
persons, or OF armed bodies Of the mi
litia OF "A State, or Of the military force
OF the United States. The elections
should be free from all forcible inter
ference, aud, as far as practicable, from
all apprehension Of such interference.
No soldiers, either OF the Union or OF
the State militia, should be present at
the polls to take place or 10 perform the
duties OF the ordinary police force. -
There has been and will be no violation
OF this rule under orders from me dur
ing this administration, but there
should be no denial OF the right OF the
national government TO employ its mil
itary force on any day at any place, in
case such employment is necessary 10
enforce the Constitution and laws OF
the United States.
The bill before me Is a. follows
b. it enacted etc That II shall be lawful
10 bring or employ Of any place where gen
cral or special election i being held IN a
State. any part Of the army OF navy of the
United States unless such force BE- necessary
90 rrpel the armed enemies Of the United
States or tn enforce section 4. article 4. OF thc
Constitution of the United states. and laws
made iu pursuance thereof. on application Of
The Legislature or executive Of the State
where such force j. to be used. and % much
of all laws az may be luconsistant herewith i
hereby repealed.
II will be observed that the bill ex-
cepts from the general prohibition
against the employment Of a military
force at the polls two specified cases.
These exceptions recognize and con-
cede the soundness Of the principle
that the military force may properly
and constitutionally be used at the
place OF elections, when such use ~
necessary TO enforce the constitution
and laws. But the excepted cases
leave the prohibition 40 extensive and
far-reaching that It's adoption will seri-
ously impair the efficiency OF the ex-
ecutive department Of the Government.
The first act expressly authorizing
the Cse Of military power TO execute
the laws, was passed almost as early as
the organization Of the Government I'M
der the Constitution, and was approved
10y President Washington, May 2, 1892.
Il reads as follows:
See , And he 10 further enacted hat when.
ever tie laws Of the United States shall BE- OPP
posed. or the execution thereof obstTucicd IN
any state, hy combinations too powerful % be
A a i. al
proceedings. or by the powers vested Ia mar
shal- by THE act The same bcing notified to
the President Of the United states by an AssO-
ciaic Justice or District Judge. it shall be law
ful for the PrUsideut OF the United States 90
call Tor the militia II such state b. suppress
such CON mbinatiOns aud % cause the laws 60
be- duly executed aud II the militia Of a State.
where such combination happens. slIail refuse
or hc insufficient 20 suppress tlie same. u shall
be laNfnl Tor the President, II the Legislature
Of the United States he not In session. 10 call
forth aud employ such numbers OF the militia
~ any other state or states most convenient
thereto a. may 5e necessary. aud the use of
the militia 80 called forth may be continued
" necessary. until the expiration of thirty
days after Tie COMMENCEMENT Of the ensuing
session.
In 1875 the provision was substan-
tally re-enacted in law which repeal
ed the act Of 1892. Ia 1907 the follow
| ing act became law by the approval
OF President jefferson:
That In all Gases Of resurrection OF Obstruc-
/ lion to the laws o. the United State Or Of any
/ individual State or Territory where Il i law
/ fol Tor the President Of tbe United states "a
| call forth the militia for the purpyse Of sup
pressing such iusuTrpctiuu. or ~ causing The
\ laws 60 be daily executed. IL shall be lawful
/ ior him 10 cnploy.for the same purposes such
part Of the land or naval force oi the United
I states a. shall b. judged necessary, having
I hrst observed ali the prerequisites OF the las
I IN that respect
BY this act il will be seen that the
scope of the law Of 1895 was extended
80 AZ 20 authorize the national Gov.
eminent 10 use not only the militia,
but the army and navy OF the United
States, ia causing the laws 10 be duly
executed This important provision
Of the acts Of 1872. l595 aud 1907. mod.
flied in its terms from time 10 time n
adopt u 90 the existing emergency, re.
mained in force until. bg an act ap.
proved by President Lincoln, July %
1861. IL was re-enncted substantially 10
the same language in which II is nov
found In the Revised Siatntcs, viz:
src. Sse. Whenever by reason of unlav
ful ol,structtoue uIlduatiOus. or assefn,