Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-05-22
PRESIDENTS MESSAGE.

/
me PRESIDENTS MESSAGE.
Full Text of His Objections to Signing the
Bill to Prevent Military Interference at
~ Elections. -s..,. s.-.
The following is the message of the Presi-
dent returning to the House Of Representa-
tiyes the bill entitled: IAN act to prohibit
military interference at elections"
To the House of Representatives: After a |
careful consideration of the bill entitled IAN
act to prevent military interference at cleo
tons" ! return it to the House of Represen-
tatives, in which it originated, with the follow
ing objections to its approval.
In a communication sent to the House of |
Representatives the Doth of last month, return |
ing TO the house without my approval the bill
entitled IAN act making appropriations for the
support OF the army for the fiscal year ending
june 81, 1885," and for other purposes, / en-
deayored to show you by quotations from the
statutes of the United States now in force, and
| by a brief statement of facts in regard to
recent elections in several States that no ad-
| ditional legislation was necessary to prevent
| interference with elections by 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 1873 in relation to the
| employment of the army as a posse eomitatus
! or otherwise, it was maintained by its friends
| that it would establish vital and fundamental
| principle which would secure to the people
| protection against the standing army. The
| fact was also referred to that since the passage
| OF this act by Congress, State and municipal
elections have been held throughout the Union
and that in no instance has 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 to the spirit of our constitution and
would tend to destroy the freedom of elections
and sincerely desiring to cnncnr with Con-
gress in all of its measures, it is with very
| great regret that am forced to the conclusion
that the bill before me is not only necessary to
prevent such interference but is dangerous
departure from long settled and important
constitutional principles. The true rule as to
the employment of military force
at elections is not doubtful. No
control or influence citizens in the exercise of
their rights to vote, whether it appears in the
shape of combinations of evil disposed per-
sons, or of armed bodies of MALTA of State,
or the military force of the United States.
The election should be free from all forcible
interference, and as far as practicable, from all
apprehension of such interference. No soldier,
eitheR of the Union or of the State Militia,
. should be present at the polls to take the
place or perform the duties Of IN ordinary civ
il police force There has been and will be no
during this administration, but there should
, be no denial of the right of the national gov.
a eminent to employ its military force on any
: day and at any place such employment is nee.
essary to enforce the constitution and laws
of the United States The bill before me is as
follows: "Be it enacted, etc, that it shall moi
! be lawful to bring or employ at any place
where general or special election is being
held i'm State any part of the army or navy
of the United States, unless such force be nee
!, essary to repel armed enemies of the United
States, or to enforce section T. article f. of the
constitution of the United States, and laws
made in pursuance thereof, OH application O
the legislature or executive Of the State where
sleh force is to be used, and so much of all laws
o as is inconsistent Herewith is hereby repealed
q 1t will be observed that the bill eXempts from
{ the general prohibition against the employ
= ment of military force two specified eases
< These exceptions recognize and concede tn,
e soundness of the principle that the military
n force may properly and constitutionally b.
! used at places of elections when such use i
l necessary to enforce the constitution and laws
hut the excepted cases leave the prohibition
: so extensive and far-reaching that it
O adoption viii seriously impair tn
efficiency of the executive department O
the government. The first act expressll
e authorizing the use of the military power tt
f execute the laws passed almost as early as tn
organization of the government under tn
constitution, and was approved by Presiden
Washington May I'd, 1872. 1t is as follows:
) Section q And be it further enacted, tina
! whenever the laws of the United States shall
be opposed or the execution thereof oh
: structed in any State by combination to,
n powerful to be suppressed by the ordinar!
? course of judicial proceedings and by tn
Z powers vested in marshals by this act, tn
d same being certified to the President Of tn
s Uuited States by an associate Justice or distric
# Judge, it shall be lawful for the President II
call the militia of such State to suppress sucl
combination and to cause the laws to be dull,
e executed; and if the militia of the State wher
e such combination may happen shall refuse O
e be insufficient to suppress the same
h it shall be lawful for the President if tn
II legislature of the United States be not in SEES
sion to call forth and employ such members Q
n militia of any other State or States most con
It yenient thereto as may be necessary, and tn
"a use of militia so to be called forth may be con
- tinued if necessary until the expiration @
thirty days after the commencement of tn
e ensuing session.
{, In the year 1895, this provision was suistan
l. TALLY re-enacted in a law which substantially
o. repealed the act of 1892. In 1907 the followin,
became the law by the approval of Presiden
u Jefferson:
That i'm all cases of instruction or obstruc
/ ton to the laws of the United States or @
n any individual State or Territory, where it wa
# lawful for the President of the United State
n to call forth the militia for the purpose of sun
= pressing such insurrection, or of causing tn
e laws to be duly executed, it shall be lawful TO
g him to employ for the same purposes sucl
II part of the land or naval force of the Unite,
States as shall be judged necessary, havin.
first observed all the prerequisites of the Law
in that respect, T. 5.r-.,.,s.f., :
BY this act it viii be seen that the scope O
a the law of 1895 was extended so as t
3 authorize the national government t,
% use not only the militia but the army and nav
U of the United States in causing the laws to b
y duly executed. The important provisions @
4 the acts of 1872, 1875 and 1907, modified in it
| terms from time to time to adapt it to existin,
emergencies remained in force until by an &C
approved by President Lincoln, July %, 1856
n it was re-enacted substantially in the sam
II language in which it is now found in the re
: vised statutes, viz: :
n Section 2598 Whenever, by reason of un
: lawful distractions, combinations or assem-
. blages of persons in rebellion against tn
i authority Of the government of the Unite,
r States it shall become impracticable in tn
y Judgment of the President to enforce by tn,
. ordinary course of judicial proceedings tn
= laws of the United States within such State o
j Territory, it shall be lawful for the Presiden
to call forth the militia of any or all the State
s and to employ such parts of the land an,
= naval forces of the United States as he ma,
deem necessary to enforce the faithful execu
u ton of the laws of the United States as to sup
r press such rebellion i'm whatever State or Ter
+ ritory thereof the laws of the United State
q may be forcibly opposed or the execution
:, thereof forcibly INSTRUCTED. ae
! This ancient and fundamental law which
u H.. .loAs.