Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1879-05-21
The veto Message.

ing to the house OF representatives the
bill entitled 'an act to prohibit military
interference ut elections"
TO tie House Of Representatives.:
Amer careful consideration u the bill entitled
"an act to prevent military interference az elec.
tions," | letnrn it 10 the house OF representative
in which 1t originated, with the following obIec-
lions 10 It's approval.
eentGtiyes on The 29th OF last month, Teturnihgt u
the house without my approval, the BIZ entitled
an act making appropriations Tor the snppotL
OF the army for the fiscal year ending June 3Otb,
1889. and for other purposes / endeaVored TO
show by quotations from the statutes OF the
United States, In force, and ny q brief statement
OF facts in regard 10 recent elections IN several
states that no addit onal legislation wa- neres'
sgry T. prevent interference with elections ny
the military or naval forces OF the United states.
The fact was p esented in that communication
that at the time oil the passage OF mat ACT Of
June 18th, 1873, in relation 10 the employment OF
the rmy as a posse cOmitdt1s, or otherwise, 1t
was maintained by its friends that IL would es'
tablish the
VITAL AND FUNDAMENTAL PRINCIPLE
which would secnre to the people protection
against q standing army. The fact was also re-
ferred 10, that since the passage oil this act the
congress onal, state and municipal elections
have been held throughout the union. and tbatin
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 10
the spirit OF our Institutions, and would tend 10
destroy the freedom or elections, and sincerely
desiring To concur with congress in all of It's
measures, It Is with very great regret that / an
forced to the conclusion that the bill before me Is
not only unnecwsary to prevent such lnterIer'
encc. but is a dangerous departure from long set
tied and important constitutional principles.
The truc rule az to The employment OF military
force at elections is not doubtful. No intlmida-
ton or coercion should be allowed 10 control ca
influence citizens IN the exercise 6i their right
to vote, whether IL appears ID tnt shape OF COM
binatlons OF eyil-dtsposed persons, o. OF armed
bodies of mt,i''s Of II STATE, or of me military
force of the Uuitea States. The elections should
be free from oil iorclble Interference and az Tar
as practicable from all apprehension or such i-
reference. No soldiers, either OF the union or Of
the state militia. should be present at the polls To
take the place or 10 perform The duties OF tie
ordinary civil police IOrce. There hus been and
viii be 10 violation of this rule under orders
from me during this administration, but there
should be no denial OF The right OF the national
government to employ its military force on any
day aud NJ any place; such employment Is nsces-
gary To enforce the constitution and laws OF the
United States.
rnG BILL rxroRy NE "a. roLIows:
"Be II enacted, that II shall not be lawful to bring
TO or employ At any place where a general OF special
election is being held in Il state, any part OF tho
army or navy OF the United States unless such force
he necessary to rcpel armed enemies of the United
States or enforce section 4, article ". OF the
constitution of tho United States. and laws made in
pursuance thereof, on application of the legislature or
executive OF a state where such force is to be used,
and so much OF all laws rs is inconsistent herewith
Is hereby repealed
1t will be observed the bill exempts from the gem
cral prohibition against the employment OF military
torce at tho polls two specified cases. These eNemp-
tons recognize and coucede The soundness of the
principle that the military force may properly and
constitutionally be used at places of elections, when
such use is necessary to enforce the constitution and
laws; but the excepted cases leave the prohibition 30
extensive aud fdr-reaching that its adoption viii Sc
riously impair tho efficiency OF the executive depart
ment OF the government.
HISTORICAL INFORMATION.
MI. 49,. 80, ..nA fa th .,f 81. ~, SEQ. "a INA
tary power to execute the laws was passed aimoYt AS
early as tho organization OF the government under
tho constitution and was approved by Presi!en NJ
Washington. biay %, 1872. 1t was follows:
Section . Aud be it further enacted, That
wherever the laws Of the United States shall be OPP
posed or vo execution thereof INSTRUCTED in any
state by combinations too powerful to DO suppressed
by tho ordinary course OF judicial proceedings, or by
powers vested in the marshals by this act, the same
being ratified TO the president OF tho United States,
by an associate Justice or district Judge, IL shall DO
lawful for the president of the United States to or
der the militia OF such state to suppress such COM
binations, and to cause tho laws to be duly executed.
And il tho militia of n state where sncl combina-
tons may happen, shall refuse or he insufficient to
suppress the same, it shall be lawful for the preSi-
dent, ii tho legislature of tic United States be not
in session, to call forth and employ such numbers 9.
tho militia OF any other state or states most conNe-
nient thereto, AS may be Necessary. And the use of
tho militia 50 to no called fo;th may be continued, If
necessary, till the expiration OF thtrtydays after the
commencement Of the ensuing session.
In 1875
TINS PROVISION WAS AUTOMATICALLY RE-EsAoTED
in a law which repealed the act OF 1872, In 1907
the following act became the law by approval OF
President jefferson:
l.That In all cases OF instruction or obstruction
10 the laws either OF the United states or OF any
individual, state or territory where ii is lawful
for the president of the united States TO call forth
the militia Tor the purpose OF suppressing such
resurrection or OF causing the laws TO be duly ex-
ecuted, II fhall he lawful for him 10 employ for
the same purposes such part of leland 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 thls act il will be seen
the scope OF the law OF 1875 was extended so as TO
authorize the national government to use not
only the militia bat tho army ana navy of the
United States ON every occasion when the SUI
premGcy of the constitution has been resisted
and the perprtG'iy OF our institutions lmperIcd.
The principle OF this statute enacted by tho
fathers has enabled the government of the union
TO maintain lis authority and to preserve the in
tegrity oil tho nation nj the most critical periods
OF history. Ny predecessors IN the executive Of
ico have relied on this great principle. IL was
on this principle that President Washington sup
pressed the whisky rebellion in Pennsylvania III
l'ea. In 1906. on the same principle,
PRESIDENT JEFFERSON BROKE Up THE suRR con-
srIRACY
Ivy issuing orders for the employment OF such
force, either OF the regulars or OF the militia, and
ny such proceeding of the civil authorities as
might enable them 10 suppress efcCtually the
further progress or the enterprise independent
OF state authority, and II need be, against the hos
ulcstate governments. II should remain eribod-
led IN our statutes uutmpaired, as 1t has been
nom the very origin OF the government. Il sholld
hc regarded as hardly less valuable OF less saCrec
than the provision of the constitution itself
There are many other important statutes con-
tanning provisions that are liable TO be suspend.
ed or annulled At tho times and places Of hold3n.
elections Y he bin before ne should become \
law, / do not undertake 10 furnish \ list of them
Many OF them. perhaps most Of them. have been
set 10Th IN debates On thts measure. They re
late II eNiradiliOn, TO crimes against elections, 10
quarantine resulat'oaS, to neutrality, to Indian
reserNatlUns, TO civil rights of citizens. IL was
NM 49, - At LrnL.Artrr