Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-05-17
Wseklg gntelligenfer'
-nCCICIAI COIINTV PAPER.
VETO OF THE ARMY BILL.

titled H'Au ACT W ptohiu'V
inierfereuce at elections:
After careful consideration OF the
bill entitled eau act to prohibit mill
tarv interference at elections" L re-
turu it to the house Ut representa-
tives, in which it originated, with
the following objections to It's ap-
prevail:
In the communication sent TO the
house Of representatives on the ISth
of last month returning to the house
without my approval the bill emitted
can sct making appropriations Tor
the support Of the army for the fiscal
year ending June 80, 1880, and for
other, purposes" L endeavored TO
show, bv quotations from the statutes
of the United States, that no addi-
Standardization Was necessary to pre-
vent interference with elections by
the military or naval forces OF the
United States. The fact was present-
ed in that communication that at the
time of the passage Ut the act OF June
10, 1873, in relation to the employ
menl Of The army ne posse conttdtus
or otherwise, it wa. maintained by
its friends that it would establish
vital and Fundamental principles
which would secure to the people
@protectlon against a standing army.
since the passage Of this act congress
sional, state aud 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 l do the opinion that any
MILITARY INTERFERENcE
whatsver~a 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 tie
measures, it is with very great re-
gret that 1 am forced to the conclu
| sion that the bill before me is un-
necessary to prevent such Interior
| ence, but is dangerous, and a dcpar-
ture from long settled aud important
constitutional principles. The true
rule as to the employment of the
military force at elections ia not
doubtful. No intimidation or coercion
should be allowed to control or i'll
huence citizens in the exercise of
their right TO vote, whether 1t ap-
pears in the shape of combinations
of evil disposed persons or OF armed
bodies of militia Of q state or of the
military force of, The United States.
The elections should be free from all
forcible 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 to- perform tine duties of
the ordinary civil police force. There
4 has been, and Will be. no violation of
this rule, under orders from me,
during this administration, butthere
should be 10 DENIAL OF the right of
the national government to employ
its military force on any day, aud at
any place, in case
SUCH EMPLOYMENT is NECESSARY
to enforce the constitution and laws
of the United States. The bill before
me is MS follows: BE it enacted, &C.,
that it shall. not be lawful to bring tn
OR employ at any place where a gen.
eral or special election is being held
III a state any part of the army or
navy of the United States unless such
force be necessary TO repei armed Gu
emles of the United States, or to en-.
force section 4, article 4, of the con-
stltution Of the United States aud
laws made in pursuance thereof. on
application of the Legislature or tie
executive Of the state where such
force is to be used, and so much of
all laws as is inconsistent herewith,
lie hereby repealed"
1t will be observed that the bill ex.
empts from general prohibition
against the employment of military
forces at the polls i'll two specified
cases. These exceptions recognize
aud concede the soundness of the
principle that military force may
properly and conslltutionally be used
At places of election when such force
is necessary to enforce the Gonstitu-
ton aud laws, but the excepted cases
leaves prohibition SO extensive aud
~far-reaching that its adoption will Sc
~riously impair the efficiency of the
executive department of the govern
ment. The first act expressly au-
lthorizing the use of military power
toexecute the laws was passed almost
as early as the organization of the
government under the constitution.
aud was approved by ..
PRESIDENT WASHINGTON,
May 2, 1892. 1t Is as follows:
"Section 2. Audible it further en-
acted, That Whenever the laws.of the
United States shall be opposed, or the
execution thereof obstructed in any
state by combinations too powerful to
e be suppressed by the ordinary course
of judicial proceedings, or by powers
vested III mashals by this act, the
same being certified to the president
of the Unlted States by all associate
I justice or district Judge, it shall be
= lawful for the president of the United
; States to call forth the militia of such
I state to suppress such combinations,
and to cause the laws to he duly exc.
u cuted; aud if the militia of the state
, where such combinations may hap
pen, shall refuse or be insufficient to
repress the same, 1t shall be Lawful
for the president. if the legislature o.
the United States be not in session tC
h call forth and employ such number;
of the militia of any other states
r most convenient thereto as may bt
necessary until the expiration of thir
i tv days after the commencement o
the ensuing session in 1885,"
e This provision was substantially
~re-enacted in a law which repen.e<
the act of 1892. In 1907 the following
= act became the law by the approva
= of
n PRESIDENT JEFFERSON.
It That in all cases of instruction O,
s obstruction to the laws, either Of tn,
United States, or of any individua
n state OF territory. where it is Lawful
for the president of the United State
e to call for these militia for the pur
C pose of suppressing such insurrectio
d or of causing the laws to b. duly ex
I ecuted, it shall be lawful for him t,
y employ for the same purposes sucl
part OF the land or naval force of tn,
United States as shall be judged nee
essary, having first observed all tn,
prerequisites of the law in that re
spect. By this act it will be seeI
y that the scope of the law of 1898 wa
u extended so as to authorize the. ma
liOnal government to use notonIy tn,
T. militia, but the army and navy of TIN
is United States in causing the laws t,
be duly executed. The importan
gs provision of the acts of 1892, 1895 an,
1907, modified in its terms from tim
:: TO time TO adapt it to the existin;
emergency, remained in force, unti
by an act approved by
% PRESIDENT LINCOLN,