The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1879-05-22
TIE VETO OF THE MILITARY
BILL.
The Presidents Message 20 sMo House
Gavin8 His Reasons for veseing the
Bill Prohibiting the Presence Of tho
military At the Polls.

GtvihE His Reas0ns for vetolng the
Bill Prohibiting the Presence Of the
military At the Polls.
| - wAsmISGroN, May ~.
| The following is the message of the
| President of the United States, return
ing to the House of Representatives
the bill entitled can Act to Prohibit
Military Interference at Elections:''
To the Houec of Representatives: ~
After careful cOns;dcra;iO , Of the bill entitled
An act to Prohibit Military Interference Mt Elcc
TONS return it to the House Of Representatives,
IN i;a which it orgnated' with the following objec
In communication sent to the House of Repre-
sentatives. on the 2ath Of last month, returning
titled IAN Act Making Appropriations for the
Support Of the Army for the Fiscal Year Ending
June 30: 1880, and for Other Purposes l en-
dearo!ed to show. by quotations from the statutes
of the United States now in force, and by brief
statement Of facts in regard to the recent elections
IN several states, that NO additional LEGISLATION
| States.
that at the time Of the passage of the act of June
| IL, 1873, in relation to the employment of the
army as posse cSMu9t"s; or otherwise, it was
| vital and fundamental principle which would
secure to the people protection against standing
The fact was also referred to that, since the
passage of this act, Congressional, State and mu-
nicipai elections had been held throughout the
Union, and that in no instance has complaint been
made Of the presence of United States soldiers ut
the polls.
Holding as do. the opinion that any military
| interference whatever at the polls is contrary to
the spirit of oar Institutions. and would tend to
destroy the freedom o. elections. and sincerely de-
string to concur with Congress in all Of it's meas,
uree, 1t ia with very great regret ttnt am forced
| to the conclusion that the bill before me is not
| only unnecs to prevent such interference;
but is dangerous departure from long settled and
mportant Constitutional principles.
The true rule as to the employ mt Of military
iorces at elections Is not doubtful. NO ntmida-
influence citizens in the exercise of their right to
vote whether IL appears in the shape of cOnsbina-
tons Of cvil-disposcd persons, or Of armed bodies
OF militia of State, Of the military force of the
The elections should be free from all forciblc
| apprehension of such interference. No soldiers.
either Of the Union or Of the State militia should
be prcscn, at the polls to take the place or to per
There has been and will be no violation of this
| rule under the orders from me during this Ad.
| ministration. But there should be no denial of
the right of the National Government to employ
its military force on any day at any place in case
such employment is necessary to enforce the Con-
I5stitntion and laws OF the United States.
The bill before me is as follows:
Re 1t enacted, etc., That it shall not be lawful
to bring tS or employ at any place where general
part OF the army or navy of the United States, I'M
less such force be necessary to repel armed enc
Of 6
the laws made in pursuance thereof, on the appli-
cation of the Legislature or the Executive of the
State where such force is to be used; and SO much
OF al laws as is inconsistent herewith is hereby
pealcd.''
it will be observed that the bill excmpts from
| the general prohibition against the cmploym mt
Of military force at the polls two specified cases.
These exceptions recognize and cOncede the
sonndness Of the principle that military forces
he uSpd n
places of election when such use is necessary toen
force the Constitution and laws. But the excepted
reaching ,ha, f. adoption will seriously impair
me efficiency OF the Executive Department OF the
The first act expressly authorizing the See of
military power to execute the laws was passed
almost as carly as the organization of the Govern
ment under the Constitution, and was approved
by. president Washington, May 2, 1892. 1t Is as
follows:
SEC. 2. And be it further enacted that, when
posed, or the execution thereof obstructed in any
State, BY combinations too powerful to be sup
pressed by the ordinary course of Judicial pro
cecdinys or by the powers vested in the Marshas
by this act, the same being certified to the Presi
dent of the United States BY an Associate Justice
District Judge, it shall be lawful for the Prcsi
Debt of the United States to call for the militia of
such States to suppress such combinations and to
cause the laws to be duly executed; and if the
happen shall refuse, be insufficient to suppress
the same, it shall be lawful for the President, if
the Legislature Of the United States be not in SEES
the militia OF any other State or States most con-
venient thereto as may be necessary; and the use
Of the militia 80 to be called forth may be con
days after the commencement Of the ensuing ses-
siOn."
acted in law which repealed the act of 1892.
|. In 1907 the following act became the law, by
| the approval of President eferson:
"That in all cases of instruction or obstruction
n ia mr. of
individual State Territory where it is lawful for
the President Of the United States call forth the
rection, or c causing the laws to be Oily executed,
1t shall be lawful for him to employ for the same
tinted STATES a. shall be judged Necessary having
first observed all the prerequisites OF the law in
that RS pcct.'
BY this act it will be seen that the scope of the
| law of 1928 was extended so as to authorize the
| National Government to use. not only the militia,
but the army and navy of the United States, in
causin. the laws to be duly executed
The important provision OF the acts of 1892,
| 1895 and 1907, modified in its terms from time to
time, to adapt it to the existing emergency, re-
manned in force until by an act approved by Presi
dent Lincoln. July ~, 1861. it was enacted
| substantially in the same language in which it is
now found in the Revised Statutes, viz:
.sEc. 52gs Whenever, by reason Of unlawful
distractions, combinations. or asst blagcs Of per-
| sons, or rebellion a-ainst the authority of the
Government of the United States it shall become
iArracticable, in the judgment of the President,
to enforce. by the ordinary course Of julicial pro-
| cccdings, the laws Of the United States, within
President to call forth the militia of any all the
states. and to employ such parts of the land and
naval fore. of the United States as he may deem
necessary to enforce the faithful execution of the
laws of the Unitel States. or to suppress such re.
bcllion in whatever State Or Territory thereof the
laws of the United States may be forcfbly opposed,
| or he execution thereof fOrcbly ebsruced."
This ancient and fundamental law has been in
force from the foundation of the Government. It
Is now proposed to abrogatc II on certain days. and
| at certain places. In my Judgment, no fact has
been produced which tends to show that it ought
| to be repealed or suspended for single hour at
Unid n'>' III ''' u '''' ''''e u " "
Al! the teachings of experience in the course Of
| unimpailed on every occasion when the suprem-
acy OF the Constitution has been resisted, and the
pcrpetuity of our institutions imperiled. The
| enabled the Government the Union to maintain
its auho rity and to preserve the integrity Of the
Nation at the most critical periods in our history
WAS on i'' this principle that President Wash.
the he sh in
ciple President Jefferson broke up the Burr con-
| spiracy by issuing orders for the employment of
and by such proceedings Of the civil authorities
as might enable them to suppress effectually the
| further progress of the enterprise. 1t was under
crushed notification in South Carolina and that
President Lincoln issued his call for troops to
save the Union i'll 1861. On numerous other Oc-
casiops of less significance, under probably every
Administration. and certainly under the present,
this power has been usefully exerted to enforce
| the laws without objection by any party in the
country, and almost without attracting public at
tcntiOn. -alrf 20, LIS
The great elementary Constitutional principle
which was the foundation of the original statute
| Of 1892, and which has been its essence in the
various forms 1t has assumed since ts fret adop-
ton is that the Government Of the United States
possesses under the Constitution, lib full measure,
the,power of selfpfotecti6n by its own agencies,
altogether Independent of State authority and, II
need be- against the hostility of the State Govern
mcnts 1t should remain embodied in our statutes
unimpaired as it has been from thcsDrigin Of the
Government. 1t should be regarded as hardly less
valuable or less sacred than provision of the Con-
stituton itself. -! tft 80,
There are many other important statutes con
tanning provisions that arc liable to be suspended
or annnllt d ut the times and places of holding
| elections if the bill before me should become u
law. do not undertake. to furnish lis: OF them.
Many Of them perhaps most Of item, have been
set forth in debates on this measure. They relate
t6 extradi,ion, to crimes against the Election