Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1879-05-15
VETO NO. ?.
And Not a Good Year for
a aVetoes Either.
The Second Manifestation OF
Presidential Backbone
q Within n Month.
Full Text of the Message to the
House Of Representatives Con-
tanning the Presidents OBJ
jections to the TroOps-at-
the-POllS Bill.

House OF representatives. COIl-
tanning the Presidents OBJ
jections to the Troops-at-
the-POllS Bill.
WASHINGTON, May II Following is
the message of the President of the
United States, returning to the House OF
Representatives the bill entitled IAN
Act to prohibit military interference at
elections
To tie House of Representatives.:
After careful consideration of the bill
entitled AN Act to prohibit military in
reference at elections :" return it to
the House of Representatives, IN which
| it originated, with the following objec-
tions to its approval: In the commune
cation sent to the House of Representa-
tives the 18th of last month, returning
to the House without my approval the
bill entitled AN Act making appropri-
ations for the support of the army for
the fiscal year ending June 30th, 1880,
and for other purposes, | endeavored to
show by quotations from the statutes of
! the United States HuW IL iOrre, and by a
brief statement oI fs,clS iii regard to the
recent elections in several States, that
no additional legislation WAS necessary to
prevent interference with elections by
military or naval forces of the United
States. The fact was presented in that
communication that at the time
of the passage of the act of June
18th, 1878, in relation to the employment
of the army as posse cOBsitGttGs or other
wise, it was maintained by its friends
that it would establish the vital and
fundamental principle which would Sc
cure to the people protection against a
standing army. The fact was also re-
ferred to that since the passage of this
act Congressional, State and municipal
elections had been held throughout the
| Union, and that in no instance has COM
plant been made of the presence of
| United States soldiers at the polls.
Holding, as / do, the opinion that any
military interference whatever at the
polls is contrary to the spirit of our in
stitutions, and would tend to destroy the
freedom of elections, and sincerely deSi-
ring to concur with Congress in all its
measures, it is with very great regret
that L am forced to the conclusion that
the bill before he is not only unnecessa-
ry to prevent such interference, but as a
dangerous departure from long-settled
and important constitutional principles.
The true rule as to the employment of
military force at elections is not doubt
full. No intimidation or coercion should
be allowed to control or influence citi-
Zens in their right to vote, whether it
appears in the shape of combinations or
eVll-disposed persons, or of armed bo-
dies of militia OF State, or of the mill
tary force Of the United States. The
elections should be free from all forcible
interference, and as far as practicable
from all apprehension of such interfe-
renee. No soldiers, either OF the Uuion
or of State militia, should be present at
the polls to take the place or to peform
the duties of the ordinary civil force
There has been and will be no violation
of this rule under orders from Inc during
this administration. But there should
he no denial of the right of the National
Government to employ its military force
on any day and at any place in case such
employment is necessary to enforce the
Constitution and laws of the u. States.
The bill before me is as follows: Be
1t enacted, DC, that it will not be lawful
to bring to or employ at any place where
a general or special election is being
held in State, any part of the army or
navy of the United States, unless such
force be necessary to repel armed enc
mics of the United States OF to enforce
section 4, article " of the Constitution
of the United States and laws made in
pursuance thereof on. application of the
Legislature or Executive of the State
where such is to be used, and so much of
ali laws as is inconsistent herewith is
hereby repealed
twill be observed that the bill ex-
empts from general prohibition against
the employment of military forces at
polls two specified cases. These excep-
tions recognize and cOncede the sound
ness of the principle that military force
may properly and constitutionally be
used at the place of election when such
use is necessary to enforce the Constitu-
ton and laws; but the excepted cases
leave the prohibition so extensive and
far-reaching that its adoption will seri-
ously impair the efficiency of the EXecu-
tive Department of the Government
The first act expressly authorizing the
use of the military power to execute
laws was passed almost as early as the
organization of the Government under
the Constitution, and was approved
by President Washington, May 2, 1892.
1t is as follows:
''SEC. 2. And be it further enacted,
That whenever the laws of the United
States shall be opposed, or the execution
thereof obstructed in any State by com
hipatiopc tnn JlowarfI11 tO ho crnDraccod
by the ordinary course of judicial pro-
ceedings, or by the powers vested in
marshals by this act, the same being no
titled to the President of the United
States by an Associate Justice or lis
trict Judge, it shall be lawful for the
President of the United States to call
forth the military of such State to sup
press such combination, and to cause
the laws to be duly executed; and if the
militia of State where such cOmbina-
tions may happen shall refuse or be in
sufficient to suppress the same, it shall be
lawful for the President, if the Legisla-
tllre of the United Statef be not in ses-
sion, to call forth and employ such num-
bers of the militia of another State or
States most convenient thereto as may
be necessary, and and the use of the mi
litia so to be called forth may be contin-
ued if necessary until the expiration of
thirty days after the commencement Of
the ensuing session"
In 1895 this provision was substanti-
ally re-enacted in a law which repealed
the act of 1892. In 1907 the following
act became the law by the approval of
President Jefferson: ...,.-. ~. /.
'''That in all cases of instruction OF
obstruction to the laws, either of the
United States or any individual State or
Territory where it is lawful for the
President of the United States to call
forth the military for the purpose of
suppressing such insurrection, OF of
causing the laws to be duly executed, it
shall be lawful for linn to employ for
the same purposes such part of the land
or naval force Of the United States as
CHI lno ind l,a,