Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-13
VETO NUMBER TWO.
TIE MILITARY INTERFERENCE BILL.
rho Hross..a con,l,dod

6Ga1h&NSh
THE Message C%oncluded.l
Another grave objection to the bill 10 Il
Discrimination In favor of state and agatns
the national authority. The presence 9
employment of the army or navy of the w
tied States Is lawful under the terms OF tht
bill at the places where q
J election is being held in . stat
. to uphold the authority of . stat,
government then and there In need of suct
military intervention, but to uphold the au
thority of the government OF the United
States then aud there In need of such mill
tary Intervention, under this bill the pre-
sence and employment of the army or navy
of the United States would be lawful and
necessary to maintain the conduct of . state
election against domestic violence that
would overthrow 1t, but would DO unlaw..
full to maintain the conduct of . national
election against the same local violence that
would overthrow it. This discrimination
has never been attempted in any previous
legislation by congress, and Is no o
compatible with the sound principles OF tho
constitution or necessary maxims or methods
of our system of government on the occa-
sion Of elections than at other times. In
the early legislation of 1902 and of 1895. by
which the militia of the states was the only |
military power resorted to for the execution
of constitutional powers in support of state
or national authority, both functions of the
government were put upon the same foot
ing. By the act of 1907 the employment
of the army and navy was authorized for
the performance of both constitutional du-
In the same terms in all
on the same subject mat.
:er the same measure of authority
0 the government has been accorded for
he performance of both of these duties.
10 precedent has been found in any pre-
'ious legislation and no sufficient reason
las been given for discrimination in favor
# state government authority, which this
ill contains. Under the sweeping terms
f the bill the national government is etfec-
lally shut out from the exercise of the
light and from the discharge Of the imper-
tive duty to use its whole executive pow
whenever required for the enforce ment
f its laws. In places and at times where
nd when elections are held the employ
tent of its organized force for any !,
lch purpose would, be an offense
gainst the law unless called for by, and .
l~erefore upon permission of the authorities /,
f the state in which the occasion arises. .
What is this but the substitution of the dis. :
retion of a state government, for the discre-
of the government of the United States /.
, to the performance Of its own duties? In :
y judgment this abandonment Of its obi ,
by the national government, and /,
l%bordination of the national authority is :
4 intrusion Of state supervision over nation =
duties which amounts in spirit and tend. =
to supremacy. Also l believe the ex- /.
ting statutes are abundantly adequate to
ompletely prevent military interference
it'll elections in the sense in which the
hrase is used in the title of this bill, and is
nployed by the people of this country. l
all find no difficulty in concilrring in any !.
lditional legislation, limited to that object. :
hich does not interfere with the indispen- !
Bile exercise Of the powers of the govern !
ent under the constitution and laws. !;
[Signed] RUTHERFORD B. HAYES. .
Executive Mansion, May 18th, 1879.