The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1879-05-16
THE VETO.
Message of President Hayes Vetoing
the Military Interference Bill.

To THE HOUSE OF REPRESENTATIVES,: After
o careful consideration of the blu entitled An
act 20 prohibit military interference at cleo
TONS" return it TO the House Of Representa-
tives, in which it originated, with the following
objections to its approval:
In communication sent to the House OF Rep
resentatives on the Goth 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 80. 1880, and for other purposes" en-
deavored to show by quotations from the stat
utes OF the United States now in force, and bya
brief statement OF facts in regard TO the recent
| elections in several States, that no add
tional legislation was necessary to prevent in
reference with elections by the military or
naval forces of the United States.
The fact was presented in that communica-
ton that Mt the time OF the passage OF the act
| or June Is, 1873, in relation TO the employment
Of the army as posse comitatus, or otherwise,
it was maintained by its friends that 1t would
establish vital and fundamental principle
which would secure TO the people protection
against standing army
The fact was also referred to. that since the
passage Of this act Congressional, State and
municipal elections had been held throughout
the Union, and that in no instance has COM
plant been made of the presence of United
States soldiers Mt the polls.
Holding, as l do, the opinion that any military
interference whatever at the polls is contrary TO
the spirit OF our institutions, and would tend TO
destroy the freedom OF elections, and sincerely
desiring to concur with Congress in all OF its
measures IL is with very great regret that am
forced to the conclusion that the bill before me
Is not only unnecessary to prevent such inter
ference. but is a dangerous departure from
long settled and important constitutional prin-
ciples.
The true rule as to the employment OF mill
tary forces at elections is not doubtful No in
| timidation or coercion should be allowed to
control or influence citizens in the exercise of
their right 70 vote. whether it appears in tho
shape OF combinations Of evil-disposed per-
sons, or of armed bodies OF militia OF State
or of the military force Of the United States.
The elections shonld be free from all forci-
bic interference and as far as practicable from
all apprehension of such interference. No
soldiers either OF the Union or OF the State
militia, should be present at the polls to take
the place or 10 perform the duties of an or
binary civil police force
There has been and will be no violation of
this rule under the orders from me during this
administration Bu. there should be no denial
of the right of the National Government TO en-
ploy It's military force on any day 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: e Be It en-
acted, etc, that IL shall not be lawful to bring
to or employ at 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 fore be necessary TO repel armed
| enemies OF the United States, or 10 enforce sec
| ton Of article 4 of the constitution of the
United States, and the laws made in pur-
suance thereof, on the application of the
Legislature or the Executive of the State
where such force is to be used and so much of
all laws as il inconsistent herewith is hereby
repealed"
the general prohibition against the employment
! OF military force at the polls two specified
cases. These exceptions recognize and cor
cede the sountiness OF tho principle that mill
tary forces may properly and constitutionally
be used at places of election when such use is
necessary to enforce the constitution and laws
But the excepted cases leave a prohibition so
extensive and far-reaching that its Adoption
will seriously impair the efficiency Of the Ex-
ecutive Department OF the Government
The hrst act expressly authorizing the use Of
military power to execute the laws was passed
almost as early as the organization of the Gov
eminent under the constitution, and was APP
proved by President Washington, May 2, 1872
II is az follows:
section 9 And be It further enacted that
whenever the laws OF the United States shall be
opposed, or the execution thereof INSTRUCTED.
be suppressed by the ordinary course Of Judi
cal proceedings, or by the powers vested in the
Marsbals by this act the same being certified
to the President of the Unised States by an As
sociate Justice or District Judge, it shall be
lawful FOR the President OF the United States TO
JAIL for the militia of such State to suppress
such combinations and to cause the laws TO
be duly executed; and if the militia of
State where such combinations may
happen shall refuse, or be insufficient TO
oEo1 lNo lo,, Sol 60. I
President, if the Legislature Of the United
States be not in session, 10 call forth and en-
ploy such numbers Of the militia OF any other
State or States most convenient thereto az may
he necessary and the use OF the militia so to
be called forth may be continued, il neces-
sary, until the expiration Of thirty days after
the commencement Of the ensuing session."
In l19o this provision was substantially re-
enacted in law which repealed the act OF 10!
In 1907 the following act became the law, by
the approval of President Jefferson:
"That In all cases of insurrecon or obstruc-
ton to the laws, either of the United States or
of any individual State or Territory where il
il lawful for the President Of the United States
to call forth the militia for the purpose of cup
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 the land or naval force of the United
States as shall be judged necessary, having
first observed all the prerequisites Of the law
tudt TtspeCI
BY this act il will be seen that the scope OF
the law Of 1895 was extended 20 to author
ize the National Government 20 use, not only
tho militia, but the army and navy OF the
United States, in causing tie laws to be duly
executed.
The important provision of the acts Of 1892
11a5 and 1877, mo iifed 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 20 1861. 1t was re-
enacted substantially in the same language in
which it is now found in the Revised Statutes,
viz:
"Section 5,2G3 Whenever, by reason of I'M
lawful Instructions, combinations or assem-
blsges of persons. or rebellion against the au-
thority of the Government of the United
States, il shall become imprac;icable, 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 il shall he 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 IA he NAV deem
necessary TO enforce the faithful execution Of
the laws of the United Statcs 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
fOr,ibly obstruc'eds
This ancient and fundamental law has been
in force from the foundation of the Govern
ment; 1t Is now proposed to ahrogst. 1t on