The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1879-05-09
VETOED.
Message of President Hayes Veto
ing the Army Appro-
priation Bill.

To THE HOUSE OF REPRESENTATIVES,: have
maturely considered the important questions
presented In bill entitled An act making ap-
preparations for the support Of the army for the
fiscal year ending June 80. 1880, and for other
purposes" and now return it to the House of
Representatives. in which 1t originated, with my
| objections to its approval.
The bill provides, in the usual form, for the
appropriation required for the support Of the
army during the next fiscal year. II it con-
tanned no other provisions il would receive my
prompt approval 1t includes, however, further
legislation which, attached rs il 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
a statute now in force in regard to the authority
Of persons in tho 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. %, 1865, after a
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 OF President Lin
| coin
section b.5as Every officer of the ar my or navy.
or other person In the civil military naval SER
| vice OF the United States, who orders. brings
keeps or has under his authority contro, any
troops or armed men at any place where general
special election IL held in any State, Unless such
force he necessary to repei frned enemies OF the
United states, or TO keep peace at the polls shall
be- fined not more than S5.CJ0 and suffer imprson-
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 2,OO2. No military or naval officer or other
person engaged in civil. military or naval service
| Of 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 IL held in any State unless II be
necessary to repel armed enemies Of the United
States.
| The amendment proposed in this statute in
the bill Def re me omits from both Of the fore
| going sections the words or to keep the peace
at the polls" The effect OF the adoption or 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 10 the use Of the military power at
elections are now in force:
Section 1908. No officer of tho army or navy of
the United states shall prt SC ibe or fix. attempt
to prescribe or fix, 10y proclamation, order otu,
Vice, the QuaIincat1ons or voters State:
In any manner interfere with the freedom OF any
election. in any State with tho exercise or the
free rights of suffrage in any STATE.
Section $40. Every officer other person in the
military or naval service who. by force, threat in
tmidaton, order. advice otherm Use, prevents or
attempts to prevent, any qualified voter of any
State from freely exercising the right of suffrage at
any general or special election i'll such State shall
be fin ed not more than $500, aud imprisoned ut
hard labor not more than five years.
Section 553O. Every officer of the army or navy
xnrIn ,l.ao A~na
or fix, whether by proclamation, order or other
wis4. the qualifications of voters any election I'm
any State. shall be punished as provided in the
Section 1851. Every officer or other person in
the military naval service, who by force threat
intimidation or otherwise. compels or attempts 10
compel, any officer holding election in any
State to receive the vote from person not legally
qualified to vote. or who imposes or attempts TO
impose any regulations for conducting any general
special election in any State different from those
prescribed by law, or who interfercs in any man.
with any officer of election in the discharge of
his duty shall be punished As prescribed in section
522g.
Section 4. 500. Every person convicted of any of
the offenses specified in the preceding sections
shall in ADDITION to the punishments therein sever
ally prescribed be disqualified from holding any Of
fee of honor profit trust under the United States
but nothing in those sections shall be construed 10
prevent any officer. soldier sailor or marine from
exercising the right of suffrage in any election dis
trct to which ne 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 HE law section Is of the act en-
titled AN act making an appropriation for the
support Of the army for the fiscal year ending
June 81, 1879, and for other purposes" ap-
proved June IL, 1878, which is as follows:
SEC. 10. From aud after the passage of this net
1t shall not be lawful to employ any part of the
army of the United States as posse comitatus or
9th. rvise, for the purpose of executing the laws
except in such cases aud under such circumst
as such employment Of said force may be expressl,
authorized by tho constitution. by the act of
Congress; and no money appropriated by this act
shall be used to pay any of the expenses incurred
In the employment of any troops in violation of this
sccuon snd any person wilfully violating the pro-
visions Of this section shall be deemed guilty Of
inisdeneanor. and upon conviction thereof shall be
punished by fine not exceeding Si0,GC. or impris-
eminent not exceed ng two years, or both such fine
and imprisonment.
This act passed the Senate, after full consid-
Grafton. without single vote recorded against
II on its final passage and by majority of
more than tws-thirds IL was concurred In by
the House Of Representatives.
The purpose OF tho section quoted was stated
In the Senate by one Of it's 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 tho 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, IL they must bring others to
their aid, they should summon unauthorized
citizens aud not summon the officers and men
OF the army as a posse comitatus TO queli 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. lie said:
"But these are all minor points, and insignif-
cant points compared with the great principle
which was incorporated by the House in the
bill liz reference TO the use OF armed men in
peace The Senate had already included what
they called, and what we might accept, "a 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
than yield this fundamental principle, for
which for three years this House had
struggled, they would allow the bill to fall,
the reforms that we had Sc
cured. regarding these reforms of but little |
alongside OF the great principle |
that the army of the United States In time of |
peace should be under the control Of Congress |
4 nh obpdieDt m its laws Affair n long md pro-