The Newtown bee., 1879-05-20
THE MILITARY BILL VETOED.
President Haye,, Nre..,ae.


 net to prohibit military interference at elec- tions": "' oAoe- 10 tae House Qf Representatives:
 Alter careful consideration of tho bill enti. ,led An act to prohibit military interference aeeiecuons, Ireturn it to the House of Repre- Scr.''tVes, in which it originated, with the tol- lowing objections to it's approval:
 In the communication sent to the House of representatives on the 29th of last month re- turning to the House. without my appr oval. the oill entitled "An act making approximations TOT the support of the army tor the fiscal year ending Jnne 80, 1880, and tor other purposes, , endeavored to show by quotations from the statutes of the United States now in force, and py prlet statement of facts in regard to re- cent elections in the several States that no additional legislation was necessary to prevent ihterference with the elections by the military or naval forces of the United States. The fact was presented in that communication that at the time of the passage of the act of June IS, 1878, Tn relation to tho employment of the army as posse comitatus or otherwise, it was maintained by it's friends that it would estab- hsh vital and fundamental principle which would secure to the people protection against a standing army. The fact also referred to that, since the passage of this act Congress sional State and municipal elections have been held throughout the Union, and that in no instance has complaint been made of the pros- ence oi United States soldiers at the polls.
 Holding, as l do, the opinion that any mill Nlry interference whatever at the polls is con- tIary to the spirit of our institutions, and would tend to destroy the freedom of elections anu sincerely desiring to concur with Congress 2n all of its measures, it is with very great re- gret that l am forced to the conclusion that the bull before mo is not only unnecessary to prevent such interference, but is a dangerous departure from long-settled and important constitutional principles
 The true rule as to the employment of mli- fary force at the elections is not doubtful. No coercion should be allowed to control or intiu- once citizens in the exercise of their right to vote, whether it appears in the shape of a com oinaton of eyil-disposed persons or of armed podles ol the militia of n State, or of the military force of the United States. The cleo tons should be free from all torcible interfer- ence, and, as far as practicable from all appre- hension of such interference. No soldiers either of the Union or of the State militia should be present at tho polls to take the place or to perform the duties of the ordinary civil polee. There has been, and will be, no viola ton oi this rule under orders from me during this Administration. But there should be no denial of the right of the national govern nonG to employ it's military force on any day, and at any place, in case such employment is necessary to enforce the Constitution and laws oi the United States. The bill before me is US follows:
 "Be H enacted, etc That it shall not be law iul to bring to, or employ ut, any place where a 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 10 repel the armed enemies of the United States, or to enforce section 1, article l. of the Constitution of the United States, and the 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 oi all laws as is inconsistent herewith is hereby repealed
 10 I.
 from the general prohibition against the em- ploynent of military forces at the polls two specified cases. These exemptions recognize and concede the soundness of the principle that military force may properly and constitu- tonally be used at the place of elections when such use IS necessary to enforce the Constitu- uon and tho laws. But the excepted cases leave the prohibition so extensive and tar reaching that its adoption will seriously impair the eliicieuoy of the Executive Department of tho government.
 The first act, expressly authorizing the use Of military power to execute the laws was passed almost early as the organization of the government under the Constitution, and was approved by President Washington, May 2, l792. It is as follows:
 SEC. ?. And be it further enacted, That | whenever the laws of the United States shall | be opposed or the execution thereof obstructed | m any State by combination too powerful to be l suppressed by the ordinary course of judicial l proceedings or by the powers vested in the | marshals by this act, the same being notified to | the President of the United States by an asso- | ciato justice or the district judge, it 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 l duly executed. And if the militia ot a State l where such combinations may happen shall re- | fuse or be insufficient to suppress the same, it 1 shall be lawful for the President, if the Legs- | iature of the United States be not in session, to call forth and employ such numbers of the ! nilltia of any other State or States most con- | Vcnlcnt thereto as may be necessary, and the | use of militia to be called forth may be con- tinucd, ii necessary until the expiration of | thirty days after the commencement of the en- suing session. ay-S a' ts u "et-
 In l795 this provision was substantially re- enacted in law which repealed the act of | l192. In 1907 the following act became tho | law 'hy the approval of President Jefferson x
 '' That in all cases of instruction or obstruc- ton to the laws either of the United States or | of any individual State or Territory, where it | is lawful tor the President of the United States to call forth the militia for the purpose of SUD- pressing such insurrection, or of causing the | laws to be duly executed, it shall be lawful for him to employ for the same purposes such part ! of land or naval force oi the United States as shall be judged necessary, having first ob- served ll the prerequisites of the law in that respect"
 ny tt4io ASb lJ VIII Ut SUCH lllilb lIe scope OI the law oi l795 was extended so us 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 ex- eeuted. a-rrrs.tr .y.,s -.r,s.r sI
 The important provision of the acts of I792, 1I95 and 1907, modified in it's terms from time to time to adapt it to the existing emergency, remained in force until, by an act approved by President Lincoln, July 29, 1861, it was re- enacted substantially in the same language in which it is now found in the Revised Statutes, viz: -~ t " ~ -A'1-ae
 SEC. l,29S. Whenever, by reason of unlaw- tul Instructions, combinations or assemblages of persons, or rebellion against the authority of .the government of the United States, it shall become impracticable, in the judgment of the President, to enforce by the ordinary course of judicial proceedings 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 the 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 tho 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 opposed or the execution thereof iorci- bly, obstructed.
 This ancient and fundamental law has been in force from the foundation of the govern ment. 1t is now proposed to abrogate it on certain days and at certain places. In my judgment, no tact has been produced which tends to show that it ought to be repealed or suspended for single hour at any place in any of tho States or Territories of the Union. All the teachings of experience in the course of our history are in favor of sustaining it's efli- ciency unimpaired On every occasion when the supremacy of tho Constitution has been resisted and the perpetuity of our institutions impcriled, the principle of this statute, enacted by the fathers, has enabled the government of tho Union to maintain its authority and to preserve the integrity of the nation At the most critical periods of our history my prede- cessors in the Executive office have relied on this great principle. It this principle