Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1879-05-16
THE MILITARY INTERFERENCE BILL
VBT0BD---MEssAGE OF THE
PRESIDENT.


| ITBSluenL OF Jne OnlbCu ObdteS return
ing to the House of Representatives the
bill entitled "An act to prohibit mill
tary interference at elections:"
To the House Of Representatives;
After careful consideration OF the bill euti-
ence at elections" | return IL TO the House OF
| Representatives In which II originated with
the following objections TO its approval In
| the communication sent 10 the House OF Rep
| resentatves the 29th OF last month returning
| to the House without my approval the
| blu entitled IAN act making appropria-
tions for the support OF the army for
the fiscal year ending June Both, 1880.
/ and Tor other purposes, | endeavored to snow
| by quotations from statutes Of the United
states now In force and by a brief statement OF
| facts In regard TO the recent elections in sew
/ eral OF the States, that no additional legsla-
| tion was necessary TO prevent interference
| with elections by military or naval forces
| of the United States. The fact was present
ed in that communication that at the time
OF the passage of the act OF June is, 1873,
In relation to the employment OF the army
as posse comtdtus or otherwiser-dt was
maintained by its friends that it would es-
tablish a vital and fundamental principle
which would secure TO the people protection
| against a standing army. The fact was also
referred TO that since the passage of
this act Congressional, State and municipal
I elections bad been held throughout the Union
and that In no instance has complaint been
made OF tnc presence OF United States soldiers
! at the polls. Holding as l do the opinion that
any military interference whatever at the
| polls is contrary to the spirit OF our institu-
tiOns, and would tend to destroy the freedom
of elections, and sincerely desiring to concur
with Congress in all of It's measures 1t is with
very great regret that am forced to the con-
clusion that the bill before me is not only un-
necessary to prevent such interference but is
dangerous departure from long settled and
| important constitutional principles.
The true rule as to the employment OF mill
tary force at elections is not doubtful. No
intimidation 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 combinations Of evil-disposed per
sons, or OF armed bodies of the militia OF
State or the military forces of the United
States. The elections should be free from all
forcible interference and as far as practicable
from all apprehension OF such interfer-
ehces. No soldier either Of the Union or
of the State militia, should be present at the
polls to take the place or to perform the du-
ties of an ordinary civil police force. There
has been and will be no violation of this
rule under orders from me during this Admin
istratiOn. But there should be no denial of the
right of the National Government to employ
its military force on any day and at any place
in case such employment Is necessary to en-
force the Constitution and laws of the United
States. The bill before me is as follows: "Be
1t enacted, etc, that IL shall not be lawful to
bring to or employ at any place where general
or 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 TO
enforce section 4, article 4, of the Consti-
tuition OF the United States and laws made in
pursuance thereof on application of the
Legislature or Executive of the State where
such force is to be used, and so much OF all the
n g is iupnu sigfpnt 1prpyith IA
pealed." 1t will be observed that the bill
exempts from general prohibition against the
employment of military forces at polls two
specified cases, These exceptions recognize
and cOncede the soundness of the principle
that military fOrces may properly and cOnsti
tutiOnally be used at place Of election when
such use is necessary to enforce the COnsti-
tuition and laws. But the excepted cases leave
the prohibition SO extensive and far-reaching
that its adoption will seriously impair the
efficiency of the Executive Department of the
Government. The first act authorizing
the use of the military power to execute
the laws was passed almost as early as the
organization of the Government under the
Constitution, and was approved by President
Washington May II, 1872. 1t Is as follows:
SEC. 2. And be it further enacted that
whenever the laws of the United States shall
be opposed or the execution thereof obstructed
in any State by combinations too powerful to
be suppressed by the ordinary course Of judi
cial proceedings or by the powers vested in
Marshals by this act, the same being notified
to the President of the United States by an
Associate Justice or District Judge, IL shall
be lawful for the President OF the United
States to call forth the militia of such State
to suppress such combinations and to cause
the laws to be duly executed, and If the mill
tia OF State where such combinations may
happen shall refuse, or be insufficient to sup
press the same, 1t shall be lawful for the
President, If the Legislature of the United
States be not in session, to call forth and
employ such numbers of the militia to any
other State or States convenient thereto
as may be necessary, and the use of the
militia so called forth may be continued, if
necessary, until the expiration of thirty days
after the commencement OF the ensuing ses-
sion. In 1875 this provision was substantially
re-enacted in a law which repealed the act
of 1892. In 1907 the following act became
the law by the approval OF President JEFF
ferson "That in all cases of insunection
or obstruction to the laws, either of the
United States or any individual State or Ter
ritory where it is lawful for the President of
the United States to call forth the militia for
the purpose of supPressing such insurrection
or of causing the laws to be duly executed. 1t
shall be lawful for him to employ for the same
purposes such part of the land or naval force
OF the United States as shall be judged neces-
sary, having first observed all the prerequi-
sites Of the law In that respect By this act
1t will be seen that the scope of the law OF 1895
was extended so as to authorize the National
Government to use not only the militia, but
the army and navy of the United States In
causing the laws to be duly executed.
The important provisions of the acts of
1872, 1895 and 1907 modified in its terms
from time to time to adapt it to the existing
emergency, remained in force until by an act
approved by President Lincoln, July go, 1861,
1t was re-enacted substantially in the same
language in which 1t is now found in the Re
vised Statutes, viz: Section 5,29S: When
ever by reason of unlawful distractions, COM
binations or assemblages OF persons, or rebel
lion against the authority Of the Government
of the United States, 1t shall become imPractic-
able in the Judgment of the President to en-
force, by the ordinary course Of judicIal pro-
ceedings, the laws of the United States within
any State or Territory, 1t shall be lawful for
the President to call forth the militia of
any or all States, and to employ such parts
of the land and naval forces of the United
States as he may deem necessary to enforce
the faithful execution of the laws of the
United States, or to suppress such rebellion,
In whatever State or Territory thereof the
laws of the United States may be forcibly op-
posed or the execution thereof forcibly OBJ
structed.n
This ancient and fundamental law has
been in force from the foundation of the
Government. 1t is now proposed to abrogate
1t on certain days and in certain places. In
my judgment no fact has been produced
which tends TO show that 1t ought to be re-
pealed or suspended for single hour at any
place In any Of the States or Territories of the
Union.
All the teachings of experience in the course
of our history are In favor OF sustaining its
efficiency unimpaired. On every occasion
when the supremacy OF the Constitution has
been resisted and the perpetuity of our insti-
tutions imperiled, the principles OF this
statute, enacted by the fathers has en-
abled the Government Of the Union
to maintain its authority ana to pre-
serve the integrity OF the Nation. At the
most critical periods OF our history my pre-
decessors in the executive office have relied
on this great principle. 1t was on this prin-
ciple that President Washington suppressed
the whisky rebellion in Pennsylvania In 1874.
In 1906, on the same principle, President JEFF
ferson broke up the Burr conspiracy by issu-
ing "orders for the employment of such force
either of the regulars or OF the militia, and by