Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-05-12
VETO MEssAGEOF THE PRESIDENT
Returning to the House Of Representatives the
Bill Entitled "Aa Aos to Prohibit Mill
tary Interference at Elections"

Returning to the House Of Representatives the
Bill Entitled "An AoS to Prohibit Mill
tary Interference at Elections"
TO the House Of Representatives.:
After careful consideration Of the bill entitled
"Ap act to prohibit military interference at |
elections."I return it to the House of Repre- |
sentattves In which it originated, with the fol-
lowing objections to its approval.
In the communication sent to the House oi
Representatives on the 29th OF last month, re
bill entitled "An act making appropriations TOR
the support Of the army for the fiscal year end;
ing June 30, $780, and for other purposes"
Statutes Of the United States now in force, and
by brief statement Of facts In regard to recent
ditional legislation was necessary to prevent
interference with the elections by the military
or naval forces Of the United States: The fact
was presented in that communication that at
the time OF the passage OF the act OF June IS,
1878, in relation to the employment OF the army
as posse comitatus or otherwise, 1t was main
ta1ned by its friends that it would establish a
vital and fundamental principle which would
secure to the people protection against stand
ing 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 instance
has complaint been made OF the presence OF
United States soldiers at the polls.
Holding as do the opinion that any military
interference whatever at the polls is contrary
to the spirit OF our institutions, and would tend
to destroy the freedom OF elections, and sim
cerely desiring to concur with Congress In all
its measures, It is with very great regret that
am forced to the conclusion that the bill before
me Is not only unnecessary, to prevent any
such interfel ence, but is dangerous departure
from long g-settled and important constitutional
principles.
The true rule as to the employment of mill
tary force at the elections is not doubtful No
intimidation or coercion should be allowed TO
control or influence citizens in the exercise of
whether
shape Of combinations OF evil-disposed persons,
or Of armed bodies Of the militia of state, Or
of the military force OF the United States.
The elections should be free from all fOrcible
interference, and, as far as practicable, from all
apprehension Of such interference. No sol
diers, either of the Union or Of the state mill
tia, should be present at the polls to take the
place or to perform the duties OF the ordinary
civil police force: 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
day and at any place in case such employment
| is necessary TO enforce the constitution and
| laws of the United States.
The bill before is as follows:
"Be it enacted, dc, That it shall not be lawful
| to bring to, or employ at any. place where
| general or special election is being held in a
| United States, unless such force be necessary
| to Iepel the armed enemies OF the United
States, or to enforce section 4, article 4, Of the
constitution Of the United States and the laws
| made In pursuance thereof, on application OF
the Legislature or executive of the state where
such force is to be used; and SO much OF all
laws as Is inconsistent herewith Is nereoy re-
It viii be observed that the bill exempts from
| the general prohibition against the employ
meDt OF military force at the polls two specified
| cases. These exceptions recognize and concede
| the soundness OF the principle that military
force may properly and constitutionally be
| necessary to enforce the constitution and the
J laws, But the excepted cases leave the pro-
| hibitioh so extensive and far-reaching that It's
adoption win seriously impair the enciencg OF
| The first act expressly authorizing the use OF
military power to execute the laws was passed
almost as early as the orgaa;aton 1 Of the GOV
proved by President washington, May 2, 1892
1t is as follows:
ever the laws of the United States shall be op-
posed, or the execution thereof ObStructed, In
any state, by combinations too powerful to be
suppressed by the ordinary course OF judicial
proceedings, or by the powers vested In the mar
shals by this act, the same being notified to the
President Of the United states by an associate
ee p as sst o ns e es
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 happen shall refuse, or
be insufficient to suppress the same 1t shall be
lawful for the President, II the legislature Of
| and employ such numbers OF the militia OF
any other state or states most convenient there
to as may be necessary; and the use OF militia,
cessary, until the expiration OF Thirty days after
the commencement Of the ensuing session"
enacted In a law which repeated the act Of 17ss. M
In 1907 the following act became the law by the
approval Of President Jefferson:
tThat in all cases Of tnSufrectiOn or obStruc
tion to the laws, either OF the United States OF
Of any individual state or territory, where it is
cali forth % the militia for the purpose Of SUP D.
pressing such insurrection, or OF causing the
laws to be duly executed, it shall be lawfll fol
part of the land or naval force OF the United
States as shall be judged neeessary. having first
observed all the prerequisites OF the law ir
. By this act it will be seen that the scope Of
the law OF 1895 was extended SO as to authorize
the ha Of e
States In "causing the laws to De duly exc
cuted.'
1895 ard 1S87 modified In its terms from time tG
time to adapt it to the existing emergency, re.
mained in force until, by an act approved by
ed substantially In the same language In which
it is now found In the Revised Statutes, viz:
"sEc: 52ss. whenever by reason Of unlawful
persons, or rebellion against the authority Of
, the government OF the United States, it shal
become impractlcable, In the Judgment of the
judicial proceedings, the laws Of the Unitee
States within any state or territory, it shall bt
lawful for the President to call forth the mitis
of any or all the states, and to employ such
parts OF the land and naval forces OF the United
, | States as he may deem necessary to enforce The
faithful execution OF the laws OF the United
| States, or to suppress such rebellion, in what
ever state or territory thereof the laws of ths
: United States may be forcibly opposed, or tht
execution thereof fOrcibly oDstructed."
This ancient and fundamental law has beer
: In force from the foundation of the government
It is now proposed to abrogate 1t on certain
days and at certain places. In my judgment
no fact has been produced which tends to SHOW
T that it ought to be repealed or suspended for {
, single hour at any place In any OF the states o.
territories Of the Union. Ali the teachings o
:, | experience In the course Of our history are IL
r favor of sustaining its efficiency unimpatred
8 on every occasion when the supremacy of tn,
constitution has been resisted, and the pelpe
tuity OF our institutions 1mperiled, the principle
of this statute enacted by the fathers, has en-
abled the government OF the Union to ma1ntail
Z It's authority and to preserve the integrity o
. the nation.
At the most critical periods of our history, m,
predecessors in the executive of1ice have rellel
! on this great principle. 1t was On this princi
p pie that President Washington suppressed TIN
u whisky rebellion in Pennsylvania In 1894. Il
: 1906 on the same principle, President Jefferson
broke thn ROrr cOnsDfranv nv fSsninp ksOrder