The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-05-13
ANOTHER VETO.

The Same Rider on q Horse OF Another
Color Thrown Again-The President
Vetoes the TFoOps-at.the-Polla Hill
He objects to Tying Up the Hands o.
the Government, and the Doctrine o.
Supremacy OF state over National
Powers.
WASHINGTON, May 12.-The following Il
the message Of the President Of the Uni
ted States returning to the House Of Rep
resentatives the bill entitled, "An act tc
prohibit military interference at elections
To he Houe Of Representatives:
After careful consideration Of the bill
entitled, IAN act to prohibit military In
reference at elections" ! return II to the
House ol Representatives, In which II
originated with the following:
OBJECTIONS 10 IT'S APPROVAL.
In a communication sent to the House
OF Representatives on the Goth Of last
month, returning 10 the House without
my approval the bill entitled an act max.
ing appropriations for the support Of the
army for the fiscal year ending June S0th,
1880, endeavOred TO show, by quotations
from statutes Of the United States now In
force and by brief statement OF facts in
regard TO the recent elections In several
States, that no additional legislation was
necessary 10 prevent interference with
elections BY military or naval forces OF the
United States. The fact was presented In
that communication that at the time oi the
passage OF the act Of June Is, 1878, In re-
ation to the employment Of the army as a
pose c0miiat'1 or otherwise, It was main
lained by its friends that 1t would estab.
llsh vital and fundamental principle
which would secure to the people pro-
lection against the standing army. The
fact was also referred to that since the
passage Of this act Congressional, State
and municipal elections have been held
throughout the Union, and that in no in
stance has complaint been made OF the
presence Of United States soldiers at the
polls. Holding as l do the opinion that
any military interference whatever at the
polls is contrary to the spirit OF our insti.
tutions and would tend to destroy the
freedom ot elections, and sincerely de.
string 10 concur In all OF It's measures
i is with very great regret that ] am
forced TO the conclusion that the bill be.
fore me isnot only unnecessary to prevent
such interference, but is dangerous de.
parture from long settled and important
constitutional principles. The true rule
as to the employment OF the military force
at elections is not doubtful. No intimida.
ton or coercion should be allowed to con-
troll or influence citizens in the exercise
OF their right TO vote, whether 1t appears
in theshape Of denominations ofeyil disposed
persons or OF armed bodies OF the military
Of State or OF the military force OF the
United States. The elections should be
free from all forcible interference, and, as
far as possible from all apprehension of
such interference. No soldiers, either OF
the Union or OF the State militia, should
be present at the polls to take the place or
to perform the duties OF the ordinary
civil police force.
TIE RIGHT OF THE GOVERNMENT SHOULD NOT
DE ABRIDGED.
There has been and will be no violation
OF this rule under orders from me during
this administration, but there should be
no denial OF the right Of the national gov
ernment TO employ its military force on
any day and ut any place in case such
employment is necessary to enforce the
constitution and laws Of the United States.
The bill before me is as follows:
Be il enacted, &C., That it shall not be
lawful to bring to or employ at any place
where a general OF, special election Is, be-
ing held In a State. any part Of the army
or navy'of the United States, unless such
force shall be necessary TO repel armed en-
emies Of the United States, or TO enforce
section 1, article 4 Of the Constitution Of
the United States and the laws made in
pursuance thereof, on application,ot the
Legislature or the Executive OF State,
where such force is to be used, and so
much Of all laws as are inconsistent here
with are hereby repealed. i- y
IMPAIRISG TIE EFFICIENCY OF THE EXECu.
TIVE DEPARTMENT OF TIE UNITED STATES.
1t will be observed that the bill exempts
from general prohibition against the en-
ployment Of military forces at the polls
two specified cases. These exceptions
recognize and Concede the soundness OF
the principle that military force may
properly and constitutionally be used at
places OF elections when such use is nee
essary to enforce the Constitution and
laws, butth excepted csses leave the pro.
hibition so extensive and iar-reaching
that its adoption will seriously impair the
efficiency OF the Executive Department oil
the Government. The first actexpressly au'
Ihorizing the use OF military power to ex.
ecute the laws was passed almost as early
as the organization Of the Government
under the Constitution, and was approved
by President Washington in 1902. 1t is
as follows:
THE ANTIQUITY OF THE LAWS SOUGHT TO he
ABRoGATED.
Sec. .. And be Il further enacted, That
whenever the laws OF the United States
shall be opposed or the execution Thereof
obstructed in anyState by combinations toe
powerful 10 be suppressed by the ordinary
course OF judicial proceedings or by
powers vested in marshals by this act
the same being notified to the President
OF the United States by an associate
Justice or district Judge, 1t shall be law
ful for the President Of the
United States to call forth the
militia OF such State to suppress
such combinations, and to cause the laws
to be duly executed and II the militia OF {
State where such combinations may hap
pen shall refuse or be insufficient TO sup
press the same, it shall be lawful for tn {
President, il the Legislature Of the United
States be notin session, to call forth and
employ such numbers OF militia OF any
other State or States most convenient
thereto as may be necessary, and the usC
Of the militia so to be called forth may bt
continued II necessary until the eXpira
ton Of thirty days after the commence
ment oit ensuing session.
In 1795 this provision was substantially
re.enacted in a law which repealed the &c
Of 1902. In 1907 the the following act be
came the law by the approval Of Presiden
jefferson: That in all cases OF insurrectioI
or obstruction to the laws, either OF tht
United States or Of any individual Stat,
or territory, where it is lawful for the Pres
ident Of the United States to call forth th,
militia for the purpose Of suppressing suCl
insurrection or OF causing the laws TO bC
duly executed, it shall be lawful for hin
to employ for the same purposes such par