The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1879-05-23
THE PRESIDENTS VETO.
The President vstoss the Act % Prohibit
Military Interference ~ the Polls.

The President vstoss The Act % Prohibit
Military Interferencs ~ the Polls.
wAsmISGroS, ID. C., May l2.-The follow.
ing is tbs message Of the President Of Tie
United States, returning 20 the House
Of Representatives the bill entitled " Az at1
20 prohibit military interferen1 1t elec-
tions."
10 me House a. Representatives:
After careful consideration or the hin emit.
tied An act 20 prohibit military interference
NJ elections" return 4 " the House OF Rep
rescntatiyes. In which Il originated. with the
following objections 20 IL approval:
In communication sens 70 ths House Of
returning to the liouss without my approval
the bill entitled An act making approprfe-
on; %, sns q sns Army for the
purposes" ! endenvored TO show by quota
tons from the statutes Of the United states
now ~ io,cs - ana ~ prssI statement o. Tact,
Statcs. shat no additional legislation was
necessary % prevent interference with
the United States. The fact was presented
N that communicationth that ut the time Of the
passage Of the act Of june Is. 1875. In relation
10 the employment of the Army as posse
coinitafus or otherwise, IL WAS maintained by
it, friends that IL would establish = vital and
fundamental principle which would secure ~
the people protection against the standing
army. The fact was also referred 70 that
aimee the passage OF this act Congressional.
state and municipal elections were held
throughout the Union aud that IA no instance
has complaint been made OF the presence Of
United states soldiers Mt the pods Holding
NJ do the opinion that any military inter.
ference whatever a. tile polls Is contrary TO
the spirit OF our institutions and would tend
% destroy the freedom OF elections, and sin
cerely desiring 70 concur with Congress ia all
of its measures, a. r. with very great
regret that am forced to the conclusion
that the bill before me Is not only unneces-
sary 90 prevent such Interference. but Il a
Important constitutional principles. The
true rule ~ 10 the employment OF military
force nj elections Is not doubtful No intimf-
dation or coercion should be allowed to con-
troll or influence citizens In the exercise Of
their right to vote. whether II appears In the
shape o. evil disposed persons. or of armed
bodies OF militia of State or Of the military
force Of the United states. The elections
should be free from all forcibie interference
and as far A. practicable from ALI apprehen-
sion OF such interference No soldiers,
either OF the Union or OF the state
militia, should be present nc the polls
% tase ~. place Or 20 perform tie
duties Of she ordinary civil ponce force.
There has been and viii be no violation o.
this rule under orders from me during this
administration. but there should be no de
nial Of the right OF the National Government
% employ It's military force on any day and
a. any place, Ia case such employment Is
necessary 20 enforce the Constitution and
laws of the United states. The bin before
me l. n follows:
:" Ne u enacfea. etc, That II shall not be law
= genera or special election IL being held in
state any part Of the Army or Navy Of the
United States, unless such force b. necessary 4
60 repel armed enemies OF the United states I
or 20 enforce section :. Article OF the Con.
stitution OF the United States. and laws made 4
N pursuance thereof. on application OF the !
such force l. TO he used. and % much OF ali 4
hws a. 4 inconsistent herewith Is hereby re-
pealed"
II will be observed that the bill exempts
nom general prohibition against the en-
PIGMENT Of military forces at polls two spe-
cine Gases. These exceptions recognize the
soundness OF the principle thar = military
force may properly and constftutionally BE-
used af the place 81 elections when such uso
Z necessary to enforce the Constitution and
, ,ams but the excepted cases leave the pro-
nibitlon - extensive and far reaching that
~ adoption will seriously impair the EN-
sc'ency Of the Executive Department. Of the
The firs act expressly authorizing the use
o. the military power 70 execute the laws Vas
Passed almost ss early As tlie orga nizstion OF
tne 6osernmen nj under the Constitution. and
Nh- approved BY President Was .ington. May
>, Iva 10 n follows.
SIC . And Bet hs fher enacted, That when
ever the laws OF the United states shall be
opportsf or the execution thereof obstructed
" any state By combinations too powerful
- % suppressed BY the ordinary course "
judicial proceedings. or by the powers vested
IN the Mafshals by this act. the same being ,
notified TO the President Of the United states
py AZ associate Justice or District Judge,it
60
81 states 20 call forth the militia of such ,
state 20 suppress such combinations. and TO
s ehise ,ne laws 20 be duly executed; and Il I
the militia Of state where such combina- !
tions may happen, shall refuse or be insuffl- :
eir mt - suppress the same, IL shall be lawful
s IT. ne resident II the Legislature OF the s
and employ such numbers OF the militia OF !
any other states most convenient thereto as |
10y pe necessary until the expiration OF 4
thirty days after the commencement Of the
ensuing session."
IN 1875 this provision was substantially re- q
lssa. In lss; the following act became the \
Jaw ~ the approval Of President jefferson: c
:. Ihat IN all eases Of Instruction or obstruc- =
Or Of any individual state or Territory where q
Y y lawful for the President Of the United '
states 20 call forth the militia for the pur- I,
causing tie laws 20 be duly Executed IL shall .
~ lawful for him 10 employ for the same 4
purpos.e such part ofthe land or naval force i
necessary. having first observed all the pre- &
'eIuisitcs OF the law In that respect"
!, ~ this net u vii be seen that the scope Of
me law Of lsa5 was exten ded 50 as to author
~ the National Government 70 use not on. ii
y the militia but the Army and Navy Of the Il
United states In causing the laws TO be duly !.
q o. IVA IFS. nna isc %odss "a m
crms IRON time to time. 20 adopt IL 20 the =
listing emergency, remained In force until y
y ~, A. act approved by President Lincoln. Il
July ~ 1861. Il was re enacted substantially !;
! tne same language I'm which II u now found !,
2 the revised statutes. viz. u
Stc. h.Es. Whenever by reason Of unlaw- III
" obrtI uctions. combinations or assem- "a
..ihgt- 81 person. IN rebellion against the au-
nority 81 the Government Of the United ~
tmtrs, u shall become impracticnble I'm the n,
augment 81 tine President % enforce, by the y
ruinnry course Of Judicial proceedings. the ~
49, - the United states wiinin any state or vi
efritpry, II shall be lawful for the President n
2 eau forth the militia ~ any or AL states =
~ 70 employ such part 81 the land and ma
~ forces Of the United states a. he may
ZEN necessary 10 enforce the faithful exc -
ution 81 the laws Of the United States. or 90 -
nppress such rebellion. ~ whatever Stateo 81
eifitory thereof the laws Of the United Ia
tate. may he forcibly opposed or the execu- -