Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-05-16
ANOTHER VETO.

House Of Representatives the bill entitled
'An Act to Prohibit Military Interference al
Elections
To the House If Representatives: Aftei
careful consideration of the bill entitled "A1
Act to Prohibit Military Interference at Elec
tons, l return it to the House of Represcn
tatives in which it originated, with the follow
ing objections to its approval -
In the communication sent to the House OF
| Representatives ON the 29th of last month
returning to the House without my approval
| the bill entitled An Act Making Appropria-
| tons for the Support Of the Army for the Els
| cal Year Ending June 30. 1850. and for 9th.
/ Cr Purposes, | cndeavored to show by quo.
tations from the statutes of the United States
| now in force, and by brief statement of
facts in regard to recent elections in the sew
eral States that no additional legislation was
necessary to prevent interference with the
| elections by the military or naval forces of
the United States. The fact was presented
! in that communication that nj the time of the
passage of the act Of June H. 1875 in rela-
ton to the employment Of the army as a
pass, c0mitdtus or otherwise it was maintain
I'd 10y its friends that it would establish a vital
and fundamental principle which would Sc
cure the people protection against a standing
army. The fact was also referred to that
since the passage of this act, congressional.
State or 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, rs l do, the opinion that any mil
itary interferenccs whatever at the polls is
contrary to the spirit of our institutions. and
would tend to destroy the freedom Of olec-
tons and sincerely desiring to concur with
Congress in all of its measures, it is with very
great regret that | am forced TO the conclu-
sion that the bill before me is not only not
necessary TO prevent such interference, but is
n dangerous departure from long-settled and
important constitutional principles The
true rule as to the employment of military
force Mt the elections is not doubtful No
intimidation or coercion should Toe allowed to
control or influence citizens in the exercise of
their right to vote, whether il appears in the
shape of combinations Of evil disposed per-
sons, or of armed bodies Of militia of "A State
or of the military force Of the United States
The elections should be free from all forcible
Interference No soldiers either of the In
ion or of the State militia should be present
at the polls to take the place or to =, rfUIm
the duties OF the ordinary civil police force.
There has been, and will be-. no violation of
this rule under orders from me during this
administration. But there should be 10 de-
NAL of the right of the national government
to employ its military force on any day and
at any place, i'll case such employment is noe
essary to enforce the constitution and laws of
the United States
The bill before me is as follows: "Be it en-
acted, that it shall not be lawful to bring to
or to employ at any place where a general or
special election Is being held in "A State any
part of the army or navy of the United States,
unless such force he necessary TO repel the
armed enemies of the United States or to ell
force section 4 article 4 Of the constitution Of
the United States and the laws made in pur-
suance thereof on application Of the Legisla-
ture or executive Of the State where such
force is to be used, and so much of all laws
as Is inconsistent herewith is hereby repeal
ed"
1t will be observed that the bill exempts
from the general prohibition against the en-
ployment of military force at the polls two
specified cases. These exceptions recognize
and concede the soundness ofthe principle that
military force may properly and constitution
ally be used at the place of elections when
such use is nee, ssary to enforce the constitu-
ton and the laws, but the excepted cases
leave the prohibition so extensive and far
reaching that its adoption will seriously i'm
pair the efficiency Of the executive depart
lnent of the government. The first act, ex-
pressly authorizing the Use of military pow
or to execute the laws. was passtd almost as
early as the organization of the government
under the constitution, and was approved by
President Washington May >, 1892. 1t is as
follows:
Section >. And be it further enacted
that, whenever the laws of the United States
shall be opposed or the execution thereof OBJ
structcd in any State by combinations too
powerful to be supprt sscd by the ordinary
course of judicial proceedings or 10y the pow
ers vested in the marshals by this act, the
same being notified to the president Of the
United States by AN associate justice OF the
district Judge it shall BE- lawful for the pres
ideut Of the United States TO call forth the
militia of such State to suppress such comb
nations and TO cause the laws to be duly exc
cutcd, and if the militia Of a State where such
combinations may happen shall refuse or be
insufficient 10 suppress the same, it shall be
lawful for the president if the Legislature Of
the United States be not in session, to call
forth and employ such numbers of the mill
tia of any other State or States most couven-
lent Thereto as may be necC ssary, and the use
of militia 50 to be called forth may be con-
tinued if necessary until the expiration of
thirty days after the commencement of the
ensuing session"
In l19i this provision was substantially re-
enacted in a law which repealed the act of
1892. In 1907 the following act became the
law 10y the approval Of President Jefferson
That Ill al cases of iEsurTcction or Obstruc-
ton 10 the laws, either Of the United States
or of any individual STATE or territory where
it is lawful for the president of the United
States 20 call forth the militia for the purpose
of suppr S>iug Auch insure elton or of caus-
ing the laws to be duly executed. it shall be
lawful for him to employ for the same pur-
l. 1T 1 4 Z
the United States as shall be judged necessa-
ry, having first observed all the prerequisites
of the law in that respect" BY this act it
will be seen that the scope of the law of 1875
was extended so 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 executed The
A-rtant ur0yisiQl - 10 acts of 1892 ia
lnlp the only immediate rrlief and ultimate cqrc,
and 1907, modified in terms from time to
time to adapt it to the existing emergency, re-
manned in force until by an act approved by
President Lincoln July % 1861, it was re-
enacted substantially in the same language in
which it is now found in the Revised Statutes,
viz.
''Section i99S Whenever by reason of
unlawful distractions combination or assem-
blages Of persons or rebellion against the au-
thority 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, it 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 ma
val forces of the United States as he may
deem necessary to enforce the faithful execu-
ton of the 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 forcibly 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 nothing has been produced which
tends to show that il ought to be repealed or
suspended fora single day or hour at any place
in any of the States or territories of the IN
ion. All the teachings Of experience in the
course of our history are in favor of sustain
ing its efficiency uuimpaired. On every oc-
casiOn when tla supremacy Of the cOnstifu-