Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1879-05-07
Veto Message.

cal year ending June 50th, 1880, and for
other purposes .aw#r#
TIE the House OF Representatives. ....... "
l have miturely considered the important ques-
tons presented by the bill entitled g act making
appropriations for the support of the army for the
fiscal year ending June 30th 1889, and for other
putposes,'' and return it to The house OF rep
resentativts. in which it originated with 60
MY OBJECTION To ITS APPROVAL
The bill provides in the usual form for appropria
tions required for the support of the army during
the fiscal year. If it contained no other pro-
visions it would receive my prompt approval. 1t
includes however, further Legislation which at
tached. as it is, to the appropriations which are
requisite for the efficient performance OF some of the
most necessary duties OF the government
involves questions of the gravest character. The
sixth section the bill is amenatory of the statute
now in force in regard to the authority of persons in
the civil, military and naval service of the United
States at the place where any general or special
election is held in any state. This statute was
adopted February %, 1865 after protracted debate il
the senate, and almost without opposition in the
house of representatives by the concurrent votes of
both of the leading political parties of the country,
ana became a law by the approval of President Lin
coin. 1t was re-enacted in 1874, in the revised
statutes of the United eateS sections 202 and 552S
which are as follows:
Section 2002. No military Or naval officer, or
other person engaged in the CIVIL military or naval
service of the United States, shall order, bring.
keep, have under his authority or control, any
troops armed men at the place where any general
or special election is held in any state it be
states, or to keep peace at the polls.
Section 552S. bvery officer of the army
Wy other person in the civil. military or naval
service of the United States, who orders, brings,
keeps or has under his authority or control any
troops or armed men at any place where gene
raj or special election is held in any state, unless
such force be necessary to repel armed enemies
oil the United States, or to keep peace at polls,
shall be tined not more than five thousand dollars
and suffer imprisonment at hard labor not less
than three months nor more than five years.
THE AMESDMENT PROPOSED
in this statute in the bill before me, omits from
both of the foregOng sections the words, "or to
keep the peace az the polls The effect of the
adoption of this amendment may be considered
first upon the right of the United States govern
ment TO use the military force to keep peace at
an election for members of congress; and Sec
ond upon the right OF the government by civil
authority to protect these elections from violence
and fraud. In addition to the sections IN the
statute above quoted, the following provisions OF
law relating TO the use of military at elections
are now IN force.
Section 2a3. No officer OF the army or navy of
the United States shall prescribe, tx, or at
tempt 10 prescribe, or fix by proclamation or 9TH
erwlse, the qualifications of voters in any state.
or in any manner interfere with the freedom of
any election IN any state, or with the exercise OF
the free rights OF suffrage in any state.
Section 81 80 Every officer or other person in
the military navel service who by force, threat
lntmidatlon, order, advice or otherwise. pre-
vents. or attempts to prevent any qualified voter
of any state from freely exercising the right Of
suffrage at any general or special election in
such states. shalt be fined not more than IS 0G0
and imprisoned =. hard labor not more than five
years. .. ..'
Wy who preScribeS. orders. fixes Or attempts to
prescribe or fix, whether by proclamation order
or otherwise the qualifications of voters at any
election in any state, shall be punished as pro-
ylded IN the preceding section.
Section 553l. Every officer or other person in
the military naval service who by force, threat,
intimidativn or otherwise compels attempts
TO compel any officer holding an election in any
state, to secure vote from any person not lc-
gally qualified TO vote, or who imposes or at
tempts 10 impose any regulations for conducting
any general or special election in any stale dlt
ferent from those prescribed by law. " no ln-
tereree in any manner with any officer of cleo
ton in the discharge OF his duty shall Oe pun
ished as prescribed IN section 1929.
Section 1882 Every person convicted of any
offtnSes specified in the five preceding sections
shall, in addition to punishmen;s tn rein sever
ally prescribed. be disqualified from. holding any
office Oh honor, profit or trust under the United
States: but nothing in these sections shall be
construed to prevent any officer soldier, sailor or
marine, from exercising the right oil suffrage in
any election district to which he may belong if
otherwise qualified according to the laws Of the
state III which he offers to vote.
THE FOREGOING ENACTMENTs e ~e--
would seem TO be sufficient to prevent military
interference with elections. But the last con
ference added TO this body.of the law section Is
of the act entitled IAN act making appropriations
for the support Of the army for the fiscal year end
ing June both 1875. and for other purposes ap-
proved June 18TH 1873 which is as tOllows:1 / 4
Section 18th. From and after the passage of
this act it shall not be lawful to employ any part
of the army OF the United State as a posse conf
tdtuS, or otherwise, for the purpose OF executing
the law except in such cases and under such cir
cumStanCes as such employment of said force may
be expressly authorized by the constitution or by
an act OF congress, and no money appropriated by
this act shall be used to pay any the expenses
incurred in the employment OF any troops in vio-
lation of this section, ana any person w1liully
violating the provisions of this section shall be
deemed guilty OF mIsd meanor, and on conviction
nnf bo1 he nod Nv, r Iy
years, or both such fine and Imprisonment.
This act passed the senate after full considera-
tlon without single vote recorded against 1t on
its final PASSAGE and by majority of more thar
two thirds it was concurred n by the house Of
representatives.
TIE PURPOSE or THE SECTION QUOTED ST
was stated in the Sc ate by one of it supporters
viz: |" Therefore hope, without getting Into any
controversy about the past, but acting wisely for
the future, that u shall take away the idea that
the army can be used by a general or special
deputy marshal, or any marshal. merely for cleo
toll purposes. or posse, ordering them about
the polls or ordering them anyWhtIe else where
ders or suppress disturbances that should be sup
pressed by the peace officers of the state; or if
they must bring others to their aid they should
summon unorganized citizens and not summon
The officers aud men of the army as a posse c0nai
tdtus to quel disorders and thus get up feeling
which Will be disastrous to peace among the peO-
pie of the country
In the house of representatives ragrrI as
THE OBJECT OF THE ACT OF rs e a-s
was stated by gentleman who had 1t in charge
i'll similar terms. He said: "But these are minor
points and insignificant points com pared with the
great principle which was incorporated by the
house in the bill in reference the use of armed
men in peace."~frhe senate had already included
what they called and what we night accept as the
principle, but they had stricken out the penalty
and had stricken out the word expressly - so
that the army might be used in ali eases where
the 1plied authority might be interfered with. g
The house committee planted themselves firm
ly upon the doctrine t8s A@sz5afs . tN&
- RATHER THAN YIELD THIS FUNDAMENTAL PRIN-
Tor which for three years this house had strug-
gled, they would allow the bill to fail notwIth-
standing the reforms that We had secured, re-
gardlng these reforms of but little consequence
along slde of the great principle that the army
or the United States in time OF peace should be
under the cOhtlo of congress and obedlent to its
laws. After long and protracted negotiations
the committees nave conceded that the principle
IN all It's length and breadth, iuCludlng the penal
ty which the senate had stricken out. We bring
you back. therefore. a report with the alteration
o. single word, which lawyers assure me is
proper to be made restoring to this bill ho prin
clple for which we have contended SO long aud
which Is so vital TO secure the rights and liber-
ties OF the people. Thus have we this day secur-
ed 10 the people of this country the same great
protection against a standing army which cost a
Strupgl lie of 2uO years for the commons of Eng