The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-05-08
VETOED.
Message Of President Hayes Veto
ing the Army Appro-
priation Bill.


preparations for the support of the army for the
fiscal year ending June 30, 1880, and for other
purposes" and I now return it to the House of
Representatives, in which it originated, with my
objections to it's approval
The bill provides, in the usual form, for the
appropriation required for the support of the
army during the next fiscal year. If it con-
tanned no other provisions it would receive my
prompt approval. It includes, however, further
legislation which, attached as it is to appropria-
TONS which are requisite for the efficient per-
Torrance of some of the most necessary duties
OF the Government, involves questions Of tho
gravest character
The sixth section Of the bill is amendatory of
statute now in force in regard to the authority
of persons in the civil military and naval serv-
ice of the United States at the place where any
general or special election is held in any State.
This statute was adopted Feb. rs, 1865, after
protracted debate in the Senate, and almost
without opposition in the House of Representa-
tives, by the concurrent votes of both of the
leading political parties of the country, and be-
came law by the approval o. President Lin
coin.
Section 5,52S Every officer of the army or navy,
or other person in the civil military or naval ser
vice of the United States, who orders brings.
keeps or has under his authority or contro, any
troops or armed men at any place where q general
or special election is held in any State, unless such
force be necessary TO repel armed enemies of the
United States, to keep peace at the polls shall
be fined not more than SIS GOO and suffer imprison-
ment at hard labor not less than three months nor
more than five years.
was re- enacted in 1874, in the Revised Statutes
of the United States.
Section 2002. No military naval officer or other
person engaged in civil, military or naval service
or the United States shall order. bring, keep or
have under his authority or control any troops or
armed men at the place where any general or
special election is held in any State unless it be
necessary to repel armed enemies of the United
States.
The amendment proposed in this statute in
the bill Def, 70 me omits from both of the FORE
going SECTIONS the words or to keep the peace
at the polls" The effect of the adoption of this
amendment may be considered-First, upon
the right of the United States Government to
use military force to keep peace at elections
for members of Congress; and, second upon
the right Of the Government by civil authority
to protect these elections from violence and
fraud.
In addition to the sections of the statute
above quoted, the following provisions of the
law relating to the use of the military power at
elections are now in force:
Section 1909. No officer of the army or navy of
the United States shall presc ibe fix or attempt
TO prescribe or fix, by proclamation, order other
in any manner interfere with the freedom of any
election. in any State, with the exercise OF the
free rights of suffrage in any State.
Section 55l9. Every officer other person in the
military or naval service who, by force. threat in
tmidation. order, advice or otherwise prevents or
attempts to prevent, any qualified voter of any
State from freely exercising the right of suffrage at
any general or special election in such State shall
be fiji ed not more than $4,000, aud imprisoned at
hard labor not more than five years.
Section $3.50. Every officer of the army or navy
who prescribes, fixes. attempts to prescri be
or fix, whether by proclamation, order or other
wise. the qualifications of voters at any election in
any State, shall be punished as provided in the
preceding section.
Section 5531. Every officer or other person in
the military or naval service, who by force threat
intimidation otherwise, compels or attempts to
compel, any officer holding an election in any
State to receive the vote from person not legally
qualified to vote. or who imposes attempts to
impose any regulations for conducting any general
or special election in any State different from those
prescribed by law, or who interferes in any man
with any officer of election in the discharge of
his duty shall be punished as prescribed in section
1929.
Section $3.50. Every person convicted of any of
the offenses specified in the preceding sections
SHALL in addition to the punishmens therein sever
ally prescribed be disqualified from holding any Of
fee OF honor profit or trust under the United States;
but nothing in those sections shall be construed to
prevent any officer, soldier, sailor or marine from
exercising the right of suffrage in any election dis
trict to which he may belong if otherwise qualified
according to the laws of the State in which he offers
to vote.
The foregoing enactments would seem to be
sufficient to prevent military interference with
elections; but the last Congress, to remove all
apprehension of such interference, added to
this body of the law section Is of the act en-
titled IAN act making an appropriation for the
support Of the army for the fiscal year ending
June 80, 1879, and for other purposes" ap-
proved June Is, 1878, which is as follows:
SEC Is. From and after the passage of this act
it shall not be lawful to employ any part of the
army OF the United States as posse conn tatus, or
otherwise for the purpose of executing the laws,
except in such and under such circumstances
as such employment of said force may be expressly
authorized by the constitution, or by the act of
Congress; and no money appropriated by this act
shalt be used to pay any of the expenses incurred
in the employment of any troops in violation of this
section; and any person willfuy violating the pro-
visions of this section shall be deemed guilty of
misdemeanor. and upon conviction thereof shall be
punished by fine not exceeding SIC, 00C. or impris-
onment not exceeding two years, or both such fine
and imprisonment.
This act passed the Senate, after full consd-
Grafton, without single vote recorded against
It on its final passage, and by a majority of
more than two thirds it was concurred in by
the House Of Representatives.
The purpose of the section quoted was stated
in the Senate by one of its supporters as fol-
lows Therefore, hope, without getting in
to any controversy 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 purposes, or posse order
ing them about polls, or ordering them any
where else where there is no election going on
to prevent disorders or suppress disturbances
that should be suppressed by the peace officers
of the State, or, if they must bring others to
their aid, they should summon unauthorized
citizens and not summon the officers and men
of the army as q posse comitatus to quell dis
orders, and thus get up feeling which will be
disastrous to the peace among the people of the
country"
In the House of Representatives the object of
the act of 1873 was stated by the gentleman who
had it in charge in similar terms. He said:
"But these are all minor points, and insignifi-
cant points compared with the great principle
which was incorporated by the House in the
bill i'll reference to the use of armed men in
peace The Senate had already included what
they called, and what we might accept, as a
principle, but they had stricken out the penalty
and had stricken out the word expressly so
that the army might be used in all cases
where implied authority might be interfered
with. The House committee planted them
selves firmly upon the doctrine that, rather