Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1879-05-20
MILITARY INTERFERENCE AT
ELECTIONS.
Congress Agan 7npa,rte9--Another Teto
ly thc President. y q


Thefollowing is the,message of the President
of the United States returning to the House of
Representatives yesterday the bill entitled IAN
act to prohibit military Interference ut cleo
tions:"
To the House of Representatives.: After careful
hibiG military Interference at elections" re-
tnrn it 20 the House of Representatives. in
winch it originated, with the following Ub]ec-
tioLs to its approval: In the communlcati9u
sent TO the House of Representatives on the
Without r nS y hi,
making apprGp: iations fer tue support of the
army for the fiscal year ending June 3d. 1851,
aud for other purposes" endeaYored to show,
BY quotations from the statutes of the United
S:aGcs now i'll force. and by = biief statementof
facts III regard to recent elections III the several
States. that no additional legislation was ne
glossary 10 Prevent interference with the cleo
United States. Tne fact was presented in that
communication that at tho time of the passage
ployment of the army as the posse comtatus or
otherw Use, 1t was maintained by its friends that
it would establish vital and fundamental prln-
ton against standing army. The fact 9s
also referred TO thar since the passage OF this
have been held TIL ghGut tue Union. aud that
i'll 10 instance has complaint been made of the
presence of United States soldiers at the polls.
Holding rs do the opin ion that any military
interference whatever at the polls is contrary to
the spirit of our institutions. and would tend 10
destroy tho freedom of elections. and sincerely
desiring to CoDcnr with Congress III all its meg
snreS. 1t Is with very great regret that am
forced to tile CONCLUSION that The Till before me
Is not onl y unnecessary to prevent such inter
ference. but is dangerous departure from long
settled and important constit utional princirles
The true rule to the unlovment Of mil
itary force ut tho elections il pot doubtful. No
intimidation coercion should be allowed to
control or lnincuce citizens i'll the exercise of
their right To vote. whether it appears III the
Shape of combinations of evil disposed persons
or of armed bodies Of the militia OF State or of
the military force of the United States. The
elections should be free frcm a II forcIble INFER
fereuce. 8 practicable,
prcheuslon of euch Interference. No soldiers.
slou d he prceent at the pole to take tile place
or to por form the dutIcs of he ordinary civil
police force. There has been and will be VIC
lat ion of MS rule under orders from me during
tHis administration. But there should be no
denial of the right of the national government
any place case sTch employ ucnt is necessary
to enforce the constitution aud laws of the
Be ii enacted, SC That it shall not be law
full I" briuE to OF eninloy ut any place where q
general special election rs being held in a
Stateany part of the army or navy of thcUnited
States. unless such force be necessary to repcl
enforce section :. article =. of the constitution
of the United States aud the laws made III Fur-
suancc thereof, on application of the Leglsla-
ture or executive of the State where such force
is to be used and SO much of all laws as are III
consistent herewith is hereby repeaied."
1t will he observe ed that the bill cxempts from
the general prohibition against the employment
ofmilitary force ut thc pol Is two specified cases
These, exceptions recognize and concedc tho
snundueS3 of the principle military force may
properly and constltutlOnally be used at tho
place of elections wi; en- such use is necessary TO
enforce the constitution and tie laws. But the
excepted cases leave the prohibition so ex tenSlve
and tnr.reachIng that its abortion will serious
~ impair the efficiency OF tlIe executive depart
ment of the gov ernment: The first act express
il authorizing the use OF military power t" ex'
eCute the laws waSSpasaed almost as early as the
organization of tho government undcr the c0n-
stltution and vas vas approved ~ P,esident Wash
'.ScctiGn .. And be it further enacicG That
whenever the laws oEtlic United States shall be
opposed, O. the execution thereof obstiuctc" IN
any State, by combinations too powerful % he
suppressed by tno ordinary course of judicial
proceedings, or BY tie powers vested IN the
marShdlS By this act, the same beng. noilhed 10
the PrrsldcUt Of The United States ny aSsO-
ciatc ilsice or tic district ind c. sal be law,
full Tor tie President of he United States to call
forth the militia of such STATE to suppress such
combinatio and to cause the laws to he duly
executed. And If the militia of State where
such combinations may happen shall refuse or
be lIsr fficient 10 SUPPRESS the sumo 1T shall boz
the Unit cd States lie not session to call forth
and employ such numbers OF tie militia of any
other State or States most convenient thereto
as may be necessary. and the use of militia
, to be called forth may be continued, if ueces-
suty until the expiration of thirty days after
the commencement OF the ensuin" session.
10 1888 this provision was substantially rc-en-
acted III a law which repealed the act of 1892
approval OF President Jefferson: THAT in all
Gases nj instruction or obstruction to the laws
@ or or 'pc v" It is Iawfm for the
President OF he Uiited States to call forth the
militia for the purpose OF sHpn'e>s1ng sEch IN
surrecilon or Q: causing the laws to be duly eX-
ociItcd it shall be lawful for Kim o employ for
the same pnrDwsc such part of tho Land or naval
force of t"e United States as shat! be Judged
necessary, having FIRST observed all the prere-
qulsitcs ct tho law III that respect ;, BY this
act it Will be that the scope of the law of
1895 was extended 50 as To authorize tina nation.
al government TO use not only Ito m,iltla. but
the army aud navy of the u 'ited States il caus
in:. the laws to be duly executed. Tic lnrcft-
amt provision of the acts OF 1192, 1925 aud 1857,
mndificl III its terms from time to time to adapt
I tn n q emergency. RENAMED
until. Ivy an act approved hv President Lincoln,
July ~. sol 1t was ro-cnactei euhst"htlal'X III
the Revised Statutes. viz: ''SeCtIOn SOS. Whom
ever. by reason of unlawful obs1ructIons, COM
DinatIGnS o assem- bla.CS nf persons Or rebellion
AGAINST the authority Of the government of the
United States. it SHALL become impractical blc.in
the jud Gmcnt of the Prr.i.cnt,t" enforce by tho
ordinary course OF judicial PFC dings the laws
of the United States Within any State OF Terri
tory. it shall b. lawful for the President to call
forth the militia of any or all the States, and to
employ sucn parts of the land and naval forces
or tne bhlicd Si' Is AZ no may "eG'iI necessary
to enforce TIL" faithful execution Of the laws OF
the United States or TO suppress such rebellion,
in whatever State or Territory thereof the laws
of tie United States MAY lie fnrclbiy opposed or
toe execution thereof fOrcih:y 0hstI uct"d."
This ancient ana fundamental law ha been IN
forco fTuIil the fourdatiOn of TIE government.
1t is now proposed 10 abrOgafC it on certain DAYS
and at certain places: In my judgment no fact
mas been produced which tends TO slow that iu
ought TO be rep aled suspended for n single
hour { any nlacn i'll any OF the States or Terri
tories of the Uaion. All the TEACHINGS Of rxpe-
renee the course of our history are in favor of
sustuInIn. It's efficiency unimraircd. On every
occasion when the supremacy of the c0nstitu-
ton has hccu resisted and the rrrnetulty OF our
l. stItutinna impeiiIed he principle of this stat
ute enacted by the fathers has enabled the gov
ernment OF the Union to maintain ITS authority
and to preserve the Integrity OF the nation at
the most critical periods of orr history. My
predecessors i'll the executive Office have relied
ON TINS great prInclUe. II was OH this prlnclple
that President Washington suppressed the
whisky rebellion 10 PcnnSylyanln. in 1l4 In
1906, on tue same principle, President Jefferson
broke up the Burr conspiracy by issuing 'oriers
for the employment of such force. eiter of the
regulars or of thb militia, and by such proceed
inTs OF the civil authorities as might
enable them to suppress etIectu3ily the further
progress of the cnteIp prise and 1t under tho
.nr,,., thnt PnnSiHcnt ksnn crushed