The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-30
HAYES'S ARMY BILL VETO.
LIE FRIUDULEN T PRESIDENTS EXCUSE
ron DIS4PPROTINS THE ACT

some Extracts from Republican Speeches.
WASHINGTON, April 29.-Thc following is
tho message Of r. b. Hayes. returning to the
House the Army Appropriation bill:
r. ne Haiss q Representatives.
| have maturely considered tho important
questions presented 10y 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 now return 1t to
the House OF Representatives. in which it orig
mated. with my objections to its approval
The bill provides in the usual form for the
appropriations required for the support Of the
army during tho next fiscal year. II 1t con-
tanned no other provisions, 1t would receive my
prompt approval. 1t includes. however, further
legislation. which attached ns it is to appro-
priations which are requisite for tho efficient
performance OF some Of the most necessary du-
ties OF the Government. involves questions OF
the gravest character.
The sixth section Of the bill IL amendatory
OF the statute now in force in regard 10 the au-
thority Of persons in tho civil military. and
naval service Of the United States at the place
where any general or special election il held in
any State" This statute was adopted Feb. 20,
1865. after protractcd debate in the Senate.
and almost without opposition in the House OF
Representatives by the concurrent votes OF
both Of the leading political parties Of tho
country. and became "A law by tho approval OF
President Lincoln. II was rcguotcd In 1874 in
the Revised statutes OF the United States. sec
tions 1902 and 5 52s. which are as follows:
SIC 2"2 No military o. naval officer, or other person
% ~, We , a, S 4 e 9s'S ar ,,iIS ns- ins
suhouy or control any troops or armed men AZ the
stat ng,s he necessary TO Tcrel the armed enemies
src h52- Every onrcr e. the army or navy or other
Pr,o9 g the ciy, military or naval service Of the
HI auhouy or control any troops " armed men At any
place where general or special election Is held IN any
~, NJ e rS,,ct st,es nv ~ go ~ 81 M % H. w.,
nn @ he ansd not more tSsn d We sbS SUI sa az n
rnsumeut At hsrd labor not less than three months
Tho amendment proposed in this statute in
the Till before me, omiis from both Of the fore
going sections the words " or 10 keep the peace
at the polls" The effect Of the adoption OF this
amendment may be- considered:
FirSt-Upon tho right of tho United States
Government to use military force 10 keep the
peace at the elections Tor members OF Congress;
and.
by civil authority to protect these elections from
In addition to the sections Of tho statute above
quoted. the following provisions Of law relating
L. the use Vt tile military power at the elections
are now in force:
So ctQq va--r Of the army navy Of the United
nS by proclamation, order otherwise, the quahnea
with the freedom u any election any with
SIC Ss2a Every ocer or other person in the military
or naval sryiee who BY force. threat intimidation
prevent any quansd voier 81 any state from ireeiv
scoa aSn ' STATE s Is hd ' nS S S ar Ga
and inn tson,d At hart labor not more than ave years
SfC $500 Every ufhcer OF the army navy who
prescnbes nSes attempts TO prescribe Or nx
qaancauons Of voters any election in any state shall
@ sest t s p G,hsS the
tary or naval service who by force. THREAT intimidation
Officer holding an election in any state receive vote
poss or ss@pts to npsss any regulations or conduct
Ing any general or special election In sta- dim
manner with any orecf o. election in The discharge
o. bis duty shall be punished as prescribed In section
:ssa Every Hsr;Sn convicted Of any q The Of
sddion g The punshmen,s therein seyersly prescribed
Ss & sssa S s s"s s "y G sns nSI S@o
soS ss ne 2o q s ANY es ,S
any election district TO which he may belong other
he offers to
The foregoing ennctments would seem to be
euffeient TO prevent military interference with
all apprehension OF such Interference. added to
this body OF law section Is OF an act entitled
An act making APPROPRIATIONS for the support
OF the army for the fiscal year ending June 80
1875, and for other purposes approved June
Is. 1878. which is us follows
IS Prom and the passage Of this act It shall
not be- laval 10 employ any part 81 The army Of The
purpose OF executing the laws except In such cases aud
ee m 1sS axpre 81 h on.u q ' or
Lyact9i t1n-ress; and no m9nsy apprupratei by ms
the cmpovnent Of any troops IN violation Of tins section.
ana Nsrsuu WfullN violating tue provisions TINS
upon con,icuon thereof shall be punished BY me not
year,, or both such line a,i imprisonment
This act passed the Senate after full consider
alton, without single vote recorded against 1t
on lts unhl passage. and, by majority 81 more
Lhan two-thirds. il was concurred in by the
House of Representatives. The purpose 81 the
section quoted was suited in the Senate by one
of IT. supporters, AS follows:
Therefore hone without setuns into any controversy
shall lake away The ici that The army can bee used by
General. or special deputy marshal. OF any mar,haL
,h'ut inc rolls, ordering them anywhere else when
1re.. disturbances that should suppressed hy peace
'rcers ot ihe state or u they mist bring others 10 their
nd, they should summon tie unurganiled ctuzrn-, and
iot summon the oncsr' AMI men Of hc army A. pe se
which vail be disastrous TO peace among the people OF h'
In the House Of Representatives the object oi
he act Of 1878 was stated by the gentleman who
lad 1t in charge in similar terms. He said:
But hesc are AZ minor point. and n,ignheant points
'atrd by the liou,e IN the h ~ reference 10 the OF
;iuisd What hey caed aud what we misGt aeec9t =.
he ptnee ba they hal .tre ken out The penalty and
nsht be used IN AZ cases where implied authority might
innly upon the doclhuc that rather than yield
m, iunlsm'nm principle Tor which Tor three
nia~ ms Bill 90 iaiL no,wti.'andns The Re-.
erm, o. lgi iIle cons qufnce ALONGSIDE te great r
lp'g Hai te army u ne pnrd state. IN time Of peace
Is laws After long aud prniIqeled nrsonauon Tie
eusth amt breadth inclnlina the penalty whicn the
senate had stricken out We bring you Unck therefor
ort-a report with the alteration Of single word
Which the LAWYERS assure me Is proper 10 he made
Horng 20 this bill the principle Tor which have con
ended 80 hong amt which vital 10 secure the rights
tnd ll,rflcs ui the icullc
Thus have this day secured TO the people of this
country the same great protection against standing
army Wuich cost struggle of two hundred tof
hc Commons ct England 10 secure Tor the British leo'
From this brief review Of the subject II SUM-
GENTLY appears that under existing laws there
San be- No military Interference with the elec-
.ious. No case OF such Interference has, in
,00i. occurred since the passage OF the at last
referred To-. No oficrr Of the United States has
appeared under orders At any place of election
u nuy state. No complaint even Of the pres
sn.e Of United States Troops has been
made IN any qnurter. II may there
lore, be confidently stated that there
no necessity for the enactment
n section of Tie bin before me. 10 prevent mil
itary Interference at the elections. The laws
already .n fore" are all that is required for that
end But that part Of section Of this bill
which D., significant and vitality important IL
the clIu-n which, If adopted WILL deprive the
civil uutl critics of the United States Of all
power ~ keep tho peace at Congrcssio nal elcc-
uonr. The Congress ouHl elections IN every
district. In avery important sense, are justly q
mntfrro OF political intrr,st aud concern through
out the whole country. Each SUITE aud every
pOiiNcnl party is cntitlc TO the shure OF powor
which IL conferred bY the legal and constitu-
nouul suffrage II is tho right of every citizen