Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-05-08
Veto Message,

lOr lne support OF the army for the rs
cal year ending June 30th, 1880, and for
other purposes
To the House Of Representatives:
1 have maturely considered the important cues.
tons presented by the bill entitled an act ma
appropriations for the support of the army the
nscal year ending June Both. 1889, and for other
purposes, and now return it to the house Of rep
resentativss, III which it originated with
NJ OBJECTION TO ITS APPROVAL.
The bill provides in the usual form for appropria-
lions required for the support of the army during
the next fiscal year. If ii contained other pro-
visions it would receive my prompt approval IT
includes, however, further legislation which at
tached. as it Is, to the appropriations which are
requisite for the efficient performance some of the
most necessary duties of the government
involves questions Of the grayest character. The
sixth section of the bill is amendatory of the statute
now IN force IN regard to the authority of persons in
the civil, military and naval service of the United
States at the place where any general or special
election Is held in any state. This statute was
adopted February 20 1860, after proTaced debate il
the senate, and almost without opposition in the
house OF representatives, by the concurrent votes of
both OF the leading political parties of the country
ana became law by the approval of President Lin
coin 1t was re-enacted in 1874, in the revised
statutes Of the United States sections 1902 and 552S
which follows:
Section 20O2.N No military or naval officer or
other person engaged i'll the civil, military or naval
service of the United States, shall order, bring,
keep, or have under his authority. control, any
or special election is held in any state unless it be
necessary to repel armed enemies of the United
States or to keep peace at the polls
Section 552S. Every officer OF the army or ma
Wy, or other person IN the civil military or val
service of the United States, who oruers brings,
keeps. or has under his authority or control any
troops or armed men at any place Wnere rene
raj or special election Is held in any state, unless
such force be necessary to repel armed enemies
OF the United States, or to keep peace at polls.
snail be lined not more than five tn ouSand dollars
and suffer imprisonment at hard labor not less
than three months nor more than five years.
THE AMENDMENT PROPOSED
IN this statute IN the bill before me, omts from
both of the foregoing sections the words, ''or to
Keep the peace az the polls The effect of the
adoption Of this amendment may be considered
first upon the right of the United States govern
1nent TO use the military force to keep peace at
an election for members of congress: and Sec
ond, upon the right of the government by civil
authority to protect these elections from violence
and fraud. In addition to the sections in the
statute above quoted, the following provisions OF
law relating TO the use of military at elections
now force.
Section 2O3. No officer of the army or navy of
the United States shall prescribe, or fix, or at
tempt 10 prescribe, Or fix by proclamation or 9TH
erwlSe, the qualifications of voters IN any state
or in any manner interfere with the freedom Of
any election IN any state or with the exercise of
the free rights OF suffrage in any state.
Section $500. Every officer or other person in
the military or naval service, who by force threat
intimidation, order, advice or otherwise, pre-
of any state from freely exercising the right of
suffrage at any general or special election in
such states, shall be fined not more than 50, 0GO
and imprisoned a hard labor not more than five
years.
Section $3.50. Every officer of the army or ma
Wy who prescrbeS. orders, fixes. or attempts to
prescribe or fix, whether by proclamation, order
or otherwise, the qualifications of voters at any
election in any state, shall be punished as pro-
Vided III the preceding section.
Section 553l. Every officer or other person in
the military or naval service who by force, threat,
Intimidation or otherwise, Compels attempts
10 compe! any officer holding all election in any
state, TO secure vote from any person not lo-
eally qualified to vote, who imposes or at
tempts 10 impose any regulations for conducting
any general or special election in any stale dit
ferent from those prescribed by law. or who IN
terleres IN any manner with any officer OF cleo
ton in the discharge of his duty shall be pun
lShed as prescribed In section 5g29.
Section 5532 Every person convicted OF any
ohtnses specified in the five preceding sections
shall. in addition to punishmeuts therein sever
ally prescribed, be disqualified from holding any
office OF honor, profit or trust under the United
States; but nothing in these sections shall be
construed TO prevent any officer, soldier, sailor, or
marine, from exercising the right OF suffrage in
any election district to which he NAV belong if
otherwise qualified according to the laws of the
state in which he offers to vote.
THE FOREGOING ENACTMENrs
would seem to be sufficient to prevent military
Interference with elections. But The last con
gresS, to remove all apprehension Of such inter-
ference, added 10 this body Of the law section IS
OF the act entitled IAN act making appropriations
for the support of the army for the fiscal year end
Ing June Both, 1875. and tor other purposes" ap
proved June 18th, is 8. which is as follows:
Section 18th. from and after the passage of
THIS act 1t shall not be lawful to employ any part
OF the army of the United State 9aoooo coOoli
tdtuS, or otherwise, for the purpose OF executing
the law except in such cases and under such cir
CumStances as such employment OF said force may
be expressly authorized by the constitution or by
an 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 viO
lauon of this section, and any person wlliully
violating the provisions of this section shall be
deemed guilty Of misdr meanor, and On conviction
lhefeof shall be punished by IA fine not exceeding
years, or both such fine and Imprisonment.
This act passed the senate after full consldera-
ii Without single vote recorded against 1t on
It's hnal passage, and by majority of more thai
two thirds it was concurred in by the house Of
representatives.
TIRE PURPOSE OF THE SECTION QUOTED
was stated in the senate by of it. supporters,
VIZ: Therefore hope, without getting Into any
controversy about tie past, but acting wisely for
the future, that it Shall take away the idea ct
the army can be used by general or E; ecilI
deputy marshal, or any marshal, merely for cleo.
Ton purposes, or 4 posse, ordering them about
the polls or ordering them anywhere else where
there IS no election gong on TO prevent dlsor-
derS or suppress disturbances that should be sup.
pressed by the peace officers Of the state; o. If
they must bring others 10 their aid they should
The officers and men Of the army as posse conf
tdtHS to quell disorders and thus get up feeling
which will be disastrous to peace among the pcO-
pie OF the country"
In the house Of representatives
THE OBJECT OF TIE ACT OF rs
was stated by gentleman who had it in charge
IN similar terms. lie said: But these are minor
points and insignificant nCintS compared with the
great principle which was incorporated by the
house in the bill in reference to the Of armed
men in peace" che senate had already included
what they called and what we might accept as the
principle, bit they had stricken out the penalty
and had stricken out the word expressly" so
that the army might be used IL all eases where
the i npiied authority might be interfered with.
The house committee planted themselves firm
ly upon the doctrine.
" RATTLE THAN YIELp THIS FUNDAMENTAL PRTN-
CIPLE
for which for three years this house had strug-
gled. they would allow the bill to fail nutWlth.
standing the reforms that we had secured, re-
gardlng these reforms of but little consequence
along side of the great principle that the army
OF the United States in time of peace should be
under the cOhuOl of congress and obedient to its
laws. After long and prOtracted negotiations
he committees have conceded that the principle
in all its length and breadth, including the penal
ty which the senate had stricken out. We bring
you back. therefore, report with the alteration
OF single word, which lawyers assure me is
proper to be made, restoring to this bill no prn-
CIple for which we have cOntended so long aud
which is so vital to secure the rights and liber-
ties OF the people. Thus have we this day secur-
ed 20 the people of this country the same great
protection against standing army which cost q
struggle of 200 years for the commons of Eng
land to secure for the British peope."
From this brief review of the subject It sufficient
ly appears that under existing laws
THERE CAN DE No MILITARY INTERFERENCE
with elections. No case of such interference has in
fact occurred since the Of the act last refer
red to. No officer of the United States has appeared
under orders at any place of election in any state
No complaint, even, OF the presence Of United
States troops has been made in any quarter 1t
may, therefore, be confidently stated there is no
necessity of The enactment of section g. of the bill
before me, to prevent military interference at cleo
tons. The laws already in force all that are
quired for that end. But that part of section E,
of this bill which is significant and virtually i'm
portant. is the clause which, if adopted will deprive
civil authorities of the United States of all power