Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-04-29
Message Of President Hayes Eetoing
the Army Appropriations Bill.
ISpecial to the Ale

Representatives " 10Y
10 the House Of Representatives
have malurely considered the lmportsnt
questions presented by the bill entitled AN ect
makipg appropriations for the support OF tne
Army for the fiscal year ending June 80, 1881,
and for other purposes" and now return It
TO tho House Of Representatives. 10 when IL
originated with my Of ectloos 10 its approval.
The bill provides 10 the usual form tor the
appropriations required tor the support OF the
army during The next fiscal year. Lit contained
90 other provisious,it would receive my prompt
approval. 1t Includes. however, further leglS
latiou, which attached as It IS TO appropriations
which are requisite for the efficient performance
of s,me Of the most necessary duties of the
Government, involves questions OF tho graVest
character. The sixth section OF the bill Is
aneudatcry of the statute now 10 force 10 re-
gard to tho authority Of persons 10 the civil,
military nnd naval service cf the United States
''at the place where any general or special cleo
ton is held 10 any State" This statute was
adopted February IS, 1865. aftor protracted
debate 10 tho Senate, and almost without oppo'
si,ion in tho House of Representatives,, BY The
COZ current votes of both of the leading political
parties of the county, and became law by
the approval of President Lincoln. 1t was 70.
enacted 10 1874 10 tho Revised Statutes OF the
United States-sec,ons 2OO2 and 1923. which
arc as follows
"SEc, 2CO2 No military or naval officer or
other person engaged in the civil, military, or
naval service of the United States shall order,
bring, keep, or have under bis authority or con
troll any troops or armed men OF the place where
any general or SPECIAL election is held IN any
State unless it be necessary to repel tho armed
enemies of the United States, or to keep the
peace at the polls.
"SEc. 552S. Every officer of the army or
navy, or other person 10 the civil. military, or
naval service OF tho United States, who orders.
brings, keeps. CT has under his authority or
control any troops or armed men at any place
where general or special election is held 10
apy State, unless such force be necessary to
repel armed enemies Of the United States or to
keep The peace at tho polls, shall be hued not
more than $1,000, and suffer imprisonment at
hard labor not les than three months nor more
than five years.
Tba amendment proposed 10 this statute, 10
tho bill before me, omits from both OF the fore.
going sections the words "or to keep the peace
OF the polls" The effcOt of the adoption of
this amendment may be considered
First. Upon tho right Of the United States
Government to use military tcrce to keep the
ICaCS III luG clSGtioua W. ueuptio VI Sph
eress and
Second. Upon the right Of the Government.
by civil authority. 20 protect these elections
from violence aud fraud.
10 addition to tho sections 81 the statute
above quoted, the following provisions OF law
relating to The Use Of The military power st the
elections are now 10 torca:
SEC. zoos. No officer Of the army or navy
Of the United States shall prescribe or fix, or
attempt TO prescribe or fix, by proclamation.
order. or otherwise, the qualifications OF voters
10 any Stale, or ia any manner Interfere With
the freedom Of any election 10 auy Stats. or
With the txsrcseB of Tue FREQ right OF suffrage
in any State"
SEC. $3.50. Every officer or other person 10
the military or naval serVice who, by force,
threat, intimidation, order, advice, or otherwise,
prevents, or attempts to prevent any qualified
voter Of any State from freely exercising the
right Of suffrage al any general or special cleo
lion 10 such Stale, shall be fined not more than
five thousand dollars. and imprisoned at hard
labor not moro than five years.
SEC. $500. Every officer Of tho army or
navy who presciihes or fixes. or attempts to
prescribe or fix, whether By proclamation. or
der, or otherwise. tho qualifications oil voters
st any election il any State, shall be punished
IS
SEC. 5j3l. Every officer or other perjop in
the military or naval service who, by force,
threat, intimidation, order, or otherwise, COM
pels, or attempts to compel, any officer holding
az election 10 cay State to receive vote from
q person not legally qualified to vote, or who
imposes, or attempts 10 impose, any regula-
tiong Tor conducting aby general or special
election 10 o State different from those pre-
scribcd by law, or who interiercs iu any mapner
with any officer of an election 10 the discharge
Of his duty, shall DO punished as provided in
s. ction fi(ty.fve hundred and twenty Dine.
"SEC. 1882. Every person convicted OF any
OF tho offences specified In the five preceding
sections, shall, in addition 10 tho punlshmeuls
therein severally prescribed, be disqualified from
holding any office of honor, profit, or trust
uuder the United States; but nothing in those
sections shall be construed TO prevent any officer,
soldier, s5ilcr. or mqrioe from exercising the
right of suffrage 10 any election district 10
which bo may belong, ii otherwise qualified
according to tho laws Of tho State in which he
offers TO vote. !"
The foregoing enec!ucnts would Bcem to be
sufficient to prevent military interference with
the elections. But Tho last Congress, to remove
all apprehension Of such interference, added
to this body of lsH:
Section 10 OF an cot entitled AN act max
ing appropriations for tie support Of the army
for the fiscal year ending June 30. 1879, and
for other PURPOSES" approved juno IS, 1878,
which is as follows
sic. Is. From and after the passage Of
this act it shall not DO lawful to employ any
part of the arny tf the United States. as q
posse oomitatus. or otherwise, for the purpose
of executing the laws, except in such cases
and under such circumstances as such employ.
meDt Of slid force may be expressly authorized
by tho Constitution or by act Of Congress-; and
no money appropriated by this act sha! be used
to pay any Of the expenses incurred 10 tho em
ployment Of any troops 10 violation of this SEQ.
ton, and auy person wilfully violating tho pro-
visions OF this section shall b, deemed guilty
Of misdameauor, and on conviction thereof
shall be punished by 6ns not exceeding ten
thousand dollars or Imprisonment not exceeding
two years, or by both such fne and imprison'
mept"
This act passed the Senate, after full consl-
Grafton, without single vote recorded against it
Oh its final passage, and, by msj ,rity of more
than two thirds, it was concurred 10 by the