River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1879-05-08
THE ARMY APPROPRIATION BILL.
Full Text OF the Veto Message OF Presi.
dent Hayes.


WASHINGTON. April 2s,-The following is the
message of tho President of the United States,
returning 10 the House of Representatives the
bill entitled an act making appropriations for
support of the army for the fiscal year ending
June 30th, $780, and for other purposes:
To the House of Representatives: have
maturely considered the important questions
presented by 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, and l now return il to the
House of Representatives, in which it originat-
ed, with my objections to its approval The
bill provides in the usual form for the APP
preparations required for the support of the
army during the next fiscal year. If it con-
tanned no other provisions it would receive my
prompt approval. Itincludes, however, further
legislation which, attached as IL is to appropria-
tions which are requisite for the efficient per-
Torrance of some of the most necessary duties
of the government, involves questions OF the
oRAvEsr CHARACTER.
The sixth section of the bill is amendatory
of statute now in force in regard to the au-
thority of persons in the civil. military and
naval service of the United States. at a place
where any neral or special election is held in
any State. This statute was adopted Feb. 70,
1865, after protracted debate in the Senste
and almost without opposition in the House OF
Representatives, by the concurrent votes OF
both of the leading political parties of the
country, and became law by approval OF
President Lincoln. 1t was re-enacted in 1874
in the revised statutes of the United States,
sections 2,0O2 and 5,52S, which are as follows;
THE STATUTE.
Sec 2,0O2. No military or naval officer, or other
person engaged in civil. military naval SER
vice of the United States shall order, bring keep OF
have under his authority or control any troops OF
armed men 1T place where any general or special
election ia held in any State unless 1t be necessary
to repel armed enemies of the United States or &c
keep the peace at the polls.
Sec. 5,523. Every officer of the army navy, OF
other person in the civil, military OF naval service OF
the United States who orders, brings. keeps or has
under his authority control any troops or armed
at any place where general or special election
TO repel armed enemies of the United States, or K
keep peace at the polls, shall be fined not more thar
FIVE Thousand dollars and suffer imprisonment a
hard labor not less than three months nor more thar
five years
PEACE AT THE POLLS.
The amendment proposed in this statute il
| the bill before me omits from both of the fore
| going sections the words ''or to keep the peac'
at the polls" The effect of the ado ption o
| this amendment may be considered first upOI
| the right of the United States government L
use military force to keep peace at election
for members of Congress, and second, upoi
| the right of the government, by civil authority
| to protect these elections from violence ant
| fraud.
| In addition to the sections of the statut
above quoted, the following provisions of Law
relating to the use of the military power a
elections are now in force:
| URTHER RESTRICTIONS.
Sec. 203. No officers of the army or navy o
the United States shall prescribe fix by proclama
ton or otherwise the qualification of voters in
/
any election in any State, or with the exercise of til
| free rights of suffrage in any State.
Sec $500. Every officer or ether person in III
military naval service, who by force, threat fntfm
tempts to prevent any qualified voter OF any Stat
from freely exercising the right of suffrage at an
general special election in such State shall be fine
not more than 5000 and imprisoned at hard labo
not more than five years.
| Sec. $3.50. Every officer of the army and nav
who prescribes, orders fixes, attempts to prescrib
or FIX whether by proclamation, order, or otherwise
i the qualifications of voters at any election in an
State shall be punished as provided in the preceding
section.
| SEQ 1851. Every officer or other person in tn
military naval service who by force, threat, intimi
dation, otherwise. compes, or attempts to compel
any officer holding an election IN any state to receiV
a vote from person not legally qualified TO vote, o
who imposes, attempts TO impose, any regulation
for conducting any general special election in an
State different from those prescribed by law, VIII
nterferes in any manner with any officer of election
in the discharge of his cuty, shall be punished a
prescribed in section s. 20.
Sec. $3.50. Every person convicted OF any OF III
offenses specified In the five preceding sections shall
in addition to the punishment therein severaly pre-
scribed, be disqualified rom holding any office 0
honor, profit or trust under the United States, bu
nothing In these sections shall be construed to pre-
vent any officer soldier, sailor marine from exer
cisng the right of suffrage in any election district
which he may belong, if otherwise qualified accord
ines to the laws of the State in which ne oilers t
vote.
| The foregoing enaetments would seem to b
| the last Congress, to remove all apprehension
| of such interference, added to this body of Law
section Is of an act entitled IAN act maxim!
| appropriations for support of the army for tbs
fiscal year ending June 3d. 1879, and for othe
purposes" approved June ls 1878, which i
as follows:
POSSE CoMIrArUs.
| Sec Is. From aud after the passage Of thi'
act it shall not be lawful to employ any part of tn
army of the United States as posse comitatus o
otherwise for the purpose of executing avs excep
in such and under such circumstances as sucl
employment of said force may be expressly author
lied by the constitution by act of Congress, ana
no money appropriated by this act shall be used L
pay any of the expenses incurred III the employment
of any troops in violation of this section; and an!
person wilfuly violating the provisions Of this sec
ton shall be guilty of misdemeanor, and upon con
victon thereof shall be punished by fine not ex
ceeding $4,000 Imprisonment not exceeding two
years, or both such fine and imprisonment
UNANMTTY OF IT'S PASSAGE.
This act passed the Senate. after full cousid-
Grafton. without single vote recorded agains;
it on it's final passage, and by a majority 0i
more than two-thirds it was concurred in by
the House of Representatives. The purpose OF
the section quoted was stated in the Senate by
one of its supporters, as follows. Therefore,
hope, without getting into any controversy
about the past, but acting wisely for the flu
ture, that we shall take away the idea that the
army can be used by general or special dep
uty marshal, or any marshal, merely for cleo
ton purposes or posse, ordering them about
the polls or ordering them anywhere else where
there is no election going on. to prevent dis
orders or suppress disturbances that should be
suppressed by the peace officers of the State, OF
if they must bring others to their aid
they should summon unOrganlzed citizens
and not summon the officers and men of the
army as a posse committus to quell disorder,
and thus get up feeling which viii be
DISASTROUS TO PEACE AMONG THE PEOPLE
of this country" In the House of Represent
atives the object of the act of 1878 was stated
by the gentlemen who had it in charge in sim
liar terms. He said: But these all minor
points and insignificant compared with the
great principle which was incorporated by the
House in the bill in reference to the use of
armed men in peace. The Senate had already
included what they called aud what we might
accept as principle, but they had stricken
out the penalty and had stricken cut the word
expressly" so that the army might be used
in all cases where implied authority might be
interfered with. The House committee plant
ed themselves firmly upon the doctrine that
rather than yield this
FUNDAMENTAL PRINCIPLE
for which for three years this House has strug-
gled they would allow this bill to fail, not
withstanding the reforms that we had secured
reforms n
quenee alongside the great principle that the
army of the United States in time of peace
should be under control of Congress and ODE
dent to its laws. After long and protraeted
negotiations the committee have conceded
the principle in all its length and breadth,
including the penalty which the Senate had
stricken out. We bring you back, therefore, a
report with the alteration of a single word
which lawyers assure me is proper TO be made
restoring to this bill the principle for which
we have contended so long and which is so
vital to secure the rights and liberties of the
people. Thus have we this day secured to the
people of this country the same great protec-
ton against a standing army which cost a
struggle of two hundred years for the COM
mons of England to secure for the British
people.
From this brief review of the subject it
sufficiently appears that under existing laws
there
CAN BE NO MILITARY INTERFERENCE,
and none has in fact occurred since the passage
of the act last referred to. No officer of the
Uuited States has appeared under orders at any
place of election in any State. No complaint
even of the presence of United States troops
has been made IN any quarter. 1t may, there
fore be confidently stated there is no necessity
of the enactment of section s of the bill be-
fore me- to prevent military interference ut
elections The laws already in force are all