Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-04-29
MESSAGE OF THE PRESIDENT
VETO OF THE ARMY APPROPRIATION BILL,

TO the House of Representatives.:
/ have maturely considered the important
questions presented by the bill entitled can &C,
making appropriations for the support Of the
army for the fiscal year ending June 80, 1880
and for other purposes" and now return it tc
the House of Representatives, In which it origi
mated, with my objections to its approval
The bill provides in the usual form for the
appropriations required for the support OF the
army during the next fiscal year. If it con.
prompt approval. 1t includes, however. fur:
Iher legislation, which, attached as 1t is to ap.
propr1ations which are requisite for the efl
cfent performance OF some OF the most neces-
sary duties OF the government, involves ques
tfons Of the gravest character. The sixth sec
tion OF the bill Is amendatory of the statutt
sons in the civil, military, and naval service OF
the United States 'sat the place where any
general or special election is held in any state >
after a protracted debate in the Senate. and and
rest without opposition In the House OF Rep
Iesentatives, by the concurrent votes of both OF
became a law by the approval Of President
Lincoln. 1t was re-eDacted in 1874 in the Re.
v:sed Statutes OF the United States-sections
2O02 and 552S, which are as follows:
s'Sec. 20O2. 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-
troll any troops or armed men at the place where
any general or special election is held In any
state, unless it be necessary to repei the armed
enemies OF the United States, or to keep the
peace at the polls"
sec. 552s. Every officer OF the army or navy.
or other person in the civil, military, or naval
service OF the United States, who orders, brings,
Keeps, or has under his authority or control any
troops or armed men at any place where gen
eral or special election is held in any state un-
less such force be necessary to repel armed en-
emies OF the United States or to Keep the peace
at the polls, shall be fined not more than * ono
lmOr1SOnmpnt nntl LOG
thar three months nor more than five years.
Tne amendment proposed to this statute I'm
the BILL before me, omits from both OF the fore
going sections the words cor 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 the
peace at the elections for members Of Congress-:
and '
Second. Upon the right of the government.
f:c ny CIV, T;oao annot TO protect these elections
In addition 10 the sections of the statute above
quoted. the following provisions OF law relating
TO the use OF the military power at the elections
"sec: z0c3. No officer of the army or navy of
the United States Shall prescribe or fix, or at.
tempt to prescribe or fix, by proclamation,
order, or otherwise, the qualifications OF voters
IN any state, or In any manner interfere with
tne 1leedom OF any election in any state. or
", Win the exercise OF the free right Of suffrage
the military or naval service who, By force,
threat, intimidation, order, advice, or other,
Nlse prevents, or attempts to prevent, any
Quai1fled voter OF any state from freely eyer
cising the right OF suffrage at any general or
special election In such state shall be fined not
more than s, 900, and imprisoned at hard labor
not more than five years.
"Sec $500: Every officer Of the army or navy
who prescribes or fixes, or attempts to pre-.
scribe or fix, whether by proclamation, order.
or otherWse the OF voters at any
V1ded In the preceding section.
-, Sec 5531. Every 0nicer or other person In
thoI1 the military or naval service who, by force,
rels, or attempts to compel. any officer holding
an election In any state to receive q vote from
a person not legally qualified to vote, or who
1toppo imposes, A OF attempts to impose, any regula-
election in state different from those prescrth.
ed by law, or who fnterferes In any manner
with any officer Of an election In the discharge
OF EIs duty, shall be punished as provided In
tho nsec; SEC Sss2 Every person convicted Of any OF
me onences specihed In the i've preceding Sec
tons, tons, shall, In addition to the punishments
from holding any Office OF honor, profit, or trust
under the United States; but nothing In those
sections Shall be construed to prevent any on
Ger, soldier, sailor, or marine from exercising
the right OF suffrage In any election district to
which he may belong, II otherwise qualified
a2 aceording to the laws OF the STATE in which he
The foregoing enactments would seem to be
sufficient to prevent military interference with
elections. But the last Congress, to remove all
aspprehenslon OF such interference, added to
Section IS of an act entitled can act making
appropriations for the support OF the Army for
the fiscal year ending June 80, 1879, and for
other purposes" approved June IS, 1878, which
Is as follows:
"sec. 15 From and after the passage OF this
t ac1 IL snan not be lawful to employ any part of
the Army OF the United States, as posse COM
1tatus, or otherwise. for the purpose OF exc
cutting the laws, except in such cases and under
such circumstances as such employment Of said
aoree may be @ expressly authorized by the Con
appropriated by this act shall be used to pay
any OF the expenses incurred In the employ
ment OF any trnops in violation Of this section,
and any person W1llfully violating the pro-
visions OF this section shall be deemed guilty of
q misdemeanor, and on conviction thereof shall
be punished by fine not exceeding ten thousand
dollars or imprisonment not exceeding two
years, or by both such fine and Imprisonment
This act passed the Senate, after full con
sideration, without single vote recorded
tortty CT more than two-thirds, it was concurred
In by the House OF Representatives.
The purpose Of the section quoted was stated
lows:
"Therefore l hope, without getting into 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 general Or
special deputy marshal, or any marshal merely
for election purposes as posse, ordering them
about the polls Or ordering them anywhere else.
when there is no election going on, to prevent
disorders or to suppress 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 unorganized citi-
Zens, and not summon the officers and men of
the army as posse coaaitatus to quell disorders,
and thus get up a feeling which win be dis
astrous to peace among the people Of the coun-
try"
In the House of Representatives the object of
tne act OF 1873 was stated by the gentleman
VINO had 1t in charge in similar terms. He said:
But these are all minor points and inSign;ti-
cant questions compared with the great princi.
PIE Wh1ch was Incorporated by the House In the
Dill In reference to the use OF the army In time
OF peace. The Senate had already conceded
Mnat tney called, and what we might accept.as
tne principle, but they had stricken out the pen
atty, ana had stricken out the word 'erpressly.,
SO that the army might be used in all cases
Where implied authority might be inferred. The
House committee planted themselves firmly
upon the doctrine that rather than yield this
tnls House had struggled, they would allow the
bill to Notwithstanding the reforms which
we mad secured-Iegarding these reforms as OF
Dut little consequence alongside the great prin-
clple That the army Of the United States. In time
OF peace, should be under the control OF Con-
gfesS, ana ODedient to its laws. After a long
ana protracted negotiation, the Senate commit,
tee have conceded that principle In all its length
ana Dteadth, including the penalty, which the
Senate had stricken out. We bring yOu hack
therefore, report, with the alteration of a ain