The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-13
BiYONEr AGAINST BALLOT.
HfIES TETOES IJfE mn TO PRKVENT
MILITLRY INTER TERENCE

To THE House OF REPRESENTATIVES,: |
After careful consideration ot tho bill entitled |
An act 10 prohibit military Interference at
elections" return 1t to the House Of Repre-
ecutatves in which II originated, with the fol-
lowing objections TO its approval:
In the communication sent TO the House OF
Representatives On the Goth OF last month re-
turning to the House without my approval the
bill entitled An act making appropriations for
the support NJ the army for the fiscal year end
iug June 80. 1850. and for other purposcs," |
cudeavorcd 10 show 10y quotations from tho
statutes Of the United States now in force. and
by a rief statement Of facts In regard to recent
elections In the several States. that no addition
oil legislation WIS necessary to prevent inter-
ference with the elections by the military or
naval forces Of the United States. Tho fact was
presented In that communication that Mt the
time Of the passage OF the act Of June 49, 1873.
in relation to the employment Of tho army MS a
posse comtatus or otherwise 1t was maintained
ly It's friends that 1t would establish vital and
fundamental principle which would secure to
the people protection against a standing army.
Tho fact was also referred TO that since the
passage OF this act Congressional. State and
municipal elections have 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 tho opinion that any military
interference Whatever at the polls is contrary
70 the spirit Of our institutions and would tend
TO destroy the freedom Of elections. aud sim
cercly desiring to concur with Congress in all
OF its measures. it is with very great regret that
am forced to the conclusion that the bill before
me Is not only unnecessary to prevent such in
reference, but IL a dangerous departure from
long settled and important constitutional prn-
ciplcs.
Tho true rule "a 10 tho employment Of milf
tary force ut the elections is not doubtful No
coercion should be allowed TO control or influence
citizens in the exercise Of their right to vote.
whether II appears In tho shape OF a combina-
ton OF evil disposed persons or Of armed
bodies Of the militia Of State. or Of the mill
tary force Of the United States. The elections
should he free from all forcible interference.
and. "a far IA practicable. from all apprehen-
sion Of such Interference No soldiers, either
Of the Union or Of the State militia. should DO
present at the polls to take the place or to per-
form the duties Of the ordinary civil police.
There has been and will be no violation OF this
rule under orders from me during this Admin
istraton. But there should be no denial Of tho
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 United States
The bill before me- If rs follows:
y, ,sa7ei &C. That shall not he lawful to bring To
employ at any place where general special cleo
the Untcd states unless such force necessary To- re-
scnoa = article Of the Con'ututcn Of the Gnisd
states snd he laTs made IN putsusnes Thereof on p
~n1 SSe etee ri to ss eS .%S 80 ss It all law"
1t will be observed that the bill exempts from
the general prohib. ton against the employment
Of military forces nj the polls two specified
cases. These exceptions recognize ana concede
the soundness Of the principle that military
force may properly and constitutionailyh be used
nj the place Of elections when such use is nee
essary To enforce the Constitution and tho laws.
But the excepted cases leave the prohibition 80
extensive and far reaching that It's adoption
will seriously impair the efficiency Of the Exec
utlve Department OF the Government.
The first act expressly authorizing the use OF
military power TO execute the laws was passed
almost as early rs the organization Of the Gov
eminent under the Constitution. aud was ap-
II is IA follows:
ssenos2 Hsd = t.,t1,, s'qc'i That whessvsr the
SSSe sif be ordinary SS e"af.
hs Sy S act he y n: NE b SSs' aosd to ' Pre-
District Judge. It shall be lawful The rrc,den, q Tie
to SUPPRESS such eomInatiss. and to eSSs. The
lay to be az, eSSg9,tsd AM u tne m!h h9 OF
fuse or be insufficient to suppress. The same It shall be-
states be In call forth ani employ such
mSmlSts 81 g militia of az, g,ss state Or S'r A., M NO,
militia - 70 he called iorh Wal Os contgusd u nCcgs
mcncemrnt OF the ensuing session
IT. 1895 this provision was substantially re-
enacted IN law which repealed the act u 1872.
In 1907 the following act became the law by the
approval Of President Jefferson;
That Hi case. e insurrecton OF distraction 20 hc
or Tcrrliory whore ti.lswln iur the Pr aden, 81 the
United STATES 60 GU iortl ine militia or te nfl"," :.
be duy executed. 1t shall. e lawful for hm 10 employ or
te United State a. han De udscd nee -sary. having
nrsi observed all The Prerequisites Of the law In that
BY this not it will be seen that the scope Of thc
law Of 1925 Was extended so AS TO authorize the
national Government to use not only the militia
but the army and navy OF tho United States. in
causing the laws 10 bn duly exc 'uted
The important provision Of the acts Of 1872
1895 and 1907, modified IN its terms from time
10 time. to adapt it to the existing emergency
remained in force until by nm at, approved rs
President Lincoln July %, 1861, It WAS re-
enacted substantially, in The same language In
which i Is now found In the Revised Statutes
Whenever by reason Of unlawful Instructions, com
hnau.' "r a'senillses Of per:o9s or ieniog asaih,
shall become ifraccahlc in tie uisnpnt OF The Prt,i
ceedinss The awsoi the rmed States wihin ANY su,i,
Or Ternior, u shall he lawful for he President to cal
such parts Of the aid and naval forces Of tie Vtitt
aSeaau s %'Y . sys s sSf' d S 4s'S or
such rch.on in whatever state or Territory Thereof o.
execution ,6ereot iofcibiy oGs,rac,,d.
This ancient and fundamental law hrs teen
In force from the foundation Of the Government
1t Is now proposed 10 ahrOgae it on certnn days
and at certain places. IL ny judgment n iaf
mas btfn lTbln'fl Wlll'N ltH1~ To- SNOW lllNi u
ought TO be repealed or suspended for n singl,
hour NJ any place in any Of the States or Terri
tories Of the Union. All the teachings Of expert
enre in the course Of our history are in favor o
sustaining its efficiency unimpared,
On every occasion when the supremacy Of the
Constitution has been resisted, and the perpe
tuity OF our institutions imperilled. the priuci-
pie Of this statute enacted 10y the fathers hne en-
Hbl"l the Government Of the Union 10 main
tain ITS authority amt to preserve the inirgrlil
OF the nation. At the most critical periods o
our history my predecessors in the Executive
Office have relied on this great principle. Il
was ON this principle that President Washing
ton suppressed the "Mhiskny rebellion" III
Pennsylvania in 1894. In 1906 on the same
principle. President jefferson broke upthe Burr
conspiracy 10y issuing orders for IN" employ
ment OF such force, either Of the regulars OF
Of the militia; and 10y such proceedings Of tho
able them 10 suppress eiTeciually til,
further progress Of the enterprises
aud it was Under tho same authority I'M
President jackson crushed nuil,ll~ton n
South Carolina. amt that President Lincoln Is
sued his call for troops 10 save the Union IL
1861, On numerous other occasions of lcs'
Significance under probably every adminstrl
ton. aud certainly under the present, mn
power has been uSeiully cXcrted to enforce y
laws without objection by any party in ~
country and almost without attracting publ