Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-04-30
Veto Message
PRESIDENT HAYES.

Representatives the bill entitled An act max
ing appropriations for the support Of the army for
the fiscal year ending June GOTH 1880 and for
other purposes"
To The House Of Representatives.:
have maturey considered the important ques-
ton presented by the bill entitled An act max
ing appropriations for the support Of the army for
the fiscal year ending June 10th, 1880 and for
other purposes" and now return II 10 the House
OF Representatives, in which IL originated with
my objections to It's approval
The bill provides in the usual way for the ap-
proprat,on required for the support of the army
during the next fiscal year II II contained no
other provisions, it would receive my prompt APP
prevail 1t includes, however further legislation
which attached ~ II is to appropriations which are
requisite Tor the efficient performance Of some Of
the most necessary duties Of the government. in.
NoiVes questions OF the gravest character.
THE MILITARY AT THE POLLS.
-, The sixth section of the bill is amendatory Of
tne statute nov 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 gen
eral or special election is held in any state" This
statute was adopted February 18th, 1865, after a
protractet debate in the Senate and almost with
out opposition in the House of Representatives
by the concurrent vote Of both Of the leading DO
lltcitl parties Of the country, and became a law
by the approval Of President Lincoln. It was re-
enacted in 1874 in the Revised Statutes of the
United States, sections POOP 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 or have under his authority or con-
trol any troops or any armed men at the place
where any general or special election is held in
any state unless 1t is necessary to repe the armed
enemies Of the United States or TO keep the peace
Mt the polls
Section 5j2s-Every officer Of the army or navy
OF otner person in the civil, military naval SER
vice oil the United States, and who ORDERS brings
keeps, or has under his authority or control any
troops or armed men Mt any place where gem
era or special election is held in any state unless
sucn iorce be necessary to repe armed enemies
OF the United States or to keep the peace at the
polls shall be fined not more than So 600 and suf
Ter Imprisonment at hard labor not less than
three months nor more than FIVE years The
amendment proposed in this statute in the bill
before me omits from both OF the foregoing sec.
tons the words "or to keep the peace at the
polls"
EFFECT OF THIS AMENDMENT.
The effect Of the adoption of this amendment
may he considered; First-Upon the right of the
United states government to use military force to
keep the peace mt the election Of members Of Con-
sress. Second-Upon the right Of the govern
ment by civil authority to protect these elections
from violence and frauds
Inc enactments previously made and now in
force on this subject, would seem 10 be sufficient
70 prevent military interference with the elections
sion OF such interference, added to this body
oil law section 10, Of an act entitled IAN act
making appropriations for the support of the
army Tor the fiscal year ending June 20, 1878,
and Tor other purposes, approved June Is, 1873,
which is rs follows: Section 15-From and after
the passage of this act it shall not be lawful to
employ any part of the army Of the United States
a. posse coniudtus or otherwise for the purpose
OF executing the laws except in such cases and
under such circumstances as such employment of
said force may be specially authorized by the Con-
stitution or act of Congress, and no money appro-
priated by this act shall be used to nay any Of the
expenses incurred in the employment of any
troops in violation Of this section aud any person
Wlllully violating the provisions of this section
snail be deemed guilty of misdemeanor, and on
conviction thereof, shall be punished by fine not
exceeding SlOOOO or imprisonment not exceed
ing two years, or by both such fine and imprison-
ment This act passed the Senate after full con-
sideration without a single vote recorded against
II ON its final passage, and by ajorty of more
t!an twO-thlrds 1t was cOncurred In by the House
OF Representatives
OBJECT OF THIS SECTION.
The purpose of this section quoted was stated
in the Senate by one Of its supporters a. follows
therefore hope, without getting into any con-
troVersy about the past, but acting wisely for the
future, that we shall take away the idea that the
army can be used by a general or special deputy
marshal or any marshal merely for election pur-
poses a. posse, ordering them about the polls, OF
ordering them anywhere else when there is no
election going on t, prevent disorders, or to sup
press disturbances that should be suppressed by
the peace officers of the state, or II they must
bring Others to their aid they should summon the
unorganlzet citizens and summon the officers and
men OF the army as a posse comitatus to quell
disorders and thus get up a feeling which will be
disastrous to peace among the people of the
country"
In the House of Representatives the object of the
act of 1878 was stated by the gentleman who had
1t In charge in similar terms. lie said: "But these
are all minor points and Insignificant questions
compared with the great principle which was in
eorporated by the House in the bill In reference u
the use OF the army in time of peace The Senate
had already conceded what they called and what
we might accept as the principle, but they had
stricken out the word 'eXpressly,' so that the
army might be used in all cases where implied
authority might be inferred The House com
mittee planted themselves firmly upon the doctrine
that rather than yield this fundamental principle
for which for three years this House had strng-
gled they would allow the bill to fail, notwith.
standing the reforms which we had secured. Re
garding these reforms as of but little consequence
alongside the great principle that the army Of the
United states IN time of peace should be under
the control OF Congress and Obedient to its laws,
after long and protracted negotiation the Senate
committee have conceded the principle in all
its length and breadth, including the penalty
which the Senate had stricken out. We bring
you back, therefore, a report with the alteration
of single word, which the lawyers assure Inc is
proper TO be made, restoring to this bill the
principle for which we have contended so long
and which is so vital to secure the rights and
Liberties OF the people, Thus have we this day
secured to the people of this country the same
great protection against a standing army which
cost struggle OF two hundred years for the com
mons OF England To secure for the British people
MILITARY INTERFERENCE IMPOSSIBLE
From this brief review Of the subject it sufli-
GENTLY appears that under existing laws there can
be no military interference with the elections.
No case of such interference has in fact occurred
since the passage OF the act last referred to, no
soldier Of the United States has appeared in or
ders at any place of election in any state no com
plant even OF the presence OF United States
troops has been made in any quarter. 1t may,
therefore, be confidently stated that there is no
necessity for the enactment of section of the
bill before me to prevent military interference
with the elections. The laws already in force are
all that Is required for that end but that part of
section Il of this bill which is significant and vi
tally important, is the clause which, II adopted,
will deprive the civil authorities OF the United
States of all power To keep the peace at Congress
siona elections In each state, every political party
is entitled to the share of suffrage il is the right OF
every citizen possessing the qualifications pre-
scribed by the law to cast one unntimidated vote
and have his ballot honestly counted so long as the
exercise of this power and the employment of this
right are common; and equally, practically, as
well as formally, submission To the results OF the
suffrage will be accorded loyalty and cheerfully,
and all the departments of government will feel
the true vigor of the popular will thus expressed
CONSTITUTIONAL POWER TO REGULATE ELECTIONS.
Two provisions OF the constitution authorize
legislation by Congress for the regulation of the
Congressional elections. Section of article - of
the constitution declares that the times, places
and manner OF holding elections for Senators and
Representatives shall be prescribed in each state
by the legislature thereof, but the Congress may
at any time by law make or alter such regula-
tons, except as TO the places of choosing Senators
The 18th amendment OF the constitution prevents
any discrimination ON account of race, color or
previous condition OF seryitude.
The law on this subject it is the duty of the Ex-
ecutive Department of the government to enforce
the intent and effect of the sixth section OF this
bill is to prohibit all the civil officers of the United
States, under penalty OF fine and imprisonment,
from employing any adequate civil force for this
purpose at the place where their enforcement is
most necessary, namely, ut the places where the
Congressional elections are held Among the
most valuable enactments 10 which have referred
are those which protect the supervisors of federal
elections in the discharge OF their duties at the
polls
THE NATIONAL GOVERNMENT RENDERED
PowERLfSs.
II the proposed legislation should become the
law there will be power vested IN any officer of
the government to protect from violence the of
ficers of the United States engaged in the dis
charge of their duties. Their rights and duties
under the law will remain, but the National gov
eminent will be powerless TO enforce its own
statutes The states may employ both military
and civil power to keep the peace and TO enforce
the laws at state elections. 1t is now proposed to
deny To the United States even the necessary civil
authority 10 DrOtect the national elections M