Daily globe., 1879-04-30
VETOING THE PEOPLE.
The Reasons Why the Freedom of the
Ballot Should Be Destroyed.
Reads the Country a Lecture ON the
Sanctity of the Constitution.
DON'T BELIEVE IN "RIDERS.'
Though He Voted For Them When in
Congress and the Boot was
on the Other Leg.


on the Other Leg.
WASHINGTON. April 29,-The following is the
message of the President of the United States,
returning to the House of Representatives the
bill entitled an act making appropriations for
support of the army for the fiscal year ending
June 30th, 1880, and for other purposes:
To the House of Representatives: I have
maturely considered the important questions
presented by the bill entitled an act making
appropriations 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 it originat-
ed, with my objections to its approval. The
bill provides in the usual form for the ap-
propriations required for the support of the
army during the next fiscal year. If it con-
tanned no other provisions it would receive my
prompt approval. 1t includes, however, further
legislation which, attached it is to appropria-
tions which are requisite for the efficient per-
formance of some of the most necessary duties
of the government, involves questions of the
GRAvEST CHARACTER.
The sixth section of the bill is amendatory
of statute now in force in regard to the au-
thority of persons in the civil, military and
naval service of the United States, at place
where any G neral or special election is held in
any State. This statute was adopted Feb. rs,
1865, after protracted debate in 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, and became Il law by approval of
President Lincoln. 1t was re-enacted in 1874
in the revised statutes of the United States,
sections 2,002 and 5,52S, which are as follows:
STATUTE.
Sec 2,OO2. No military naval officer, or other
person engaged in the civil, military naval SER
vice of the United States shall order, bring, keep
have under his authority or control any troops or
armed men at place where any general or special
election is held in State, unless it be necessary
to rspel armed enemies of the United States, or to
keep the peace at the polls.
Sec. 5,52S. Every officer of the army or navy, or
other person in the civil, military naval service of
the United States who ORDERS brings. keeps or has
under his authority or control any troops or armed
at any place where general 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 the polls, shall be fined not more than
five thousand dollars and suffer imprisonment at
hard labor not less than three months than
Ave years
PEACE AT THE POLLS.
The amendment proposed in this statute in
the bill before omits from both of the fore
going sections the words ''or to keep the peace
at the polls" The effect of the adoption of
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 law
relating to the use of the military power at
elections now in force:
FURTHER RESTRICTIONS.
Sec. 2O3. No officers of the army or navy of
the United States shall prescribe or fix by proclama-
ton otherwise the qualification OF voters in any
State any interfere with the freedom OF
any election any State with the exercise Of the
free rights of suffrage in any State.
Sec $685. Every officer ether person in the
military naval service, who by force threat lntm
idation orders, advice otherwise prevents or at
. tempts to prevent any qualified voter of any State
from freely exercising the right of suffrage at any
general special election in such State shall be nec
not more than $1,000 and imprisoned at hard labo1
not more than five years.
Sec. $3.50. Every officer of the army and navy
who prescrbes, ORDERS fixes, attempts to prescribe
or fix whether by proclamation order, or other"lse
the qualifications of voters at any election in an!
State shall be punished as provided in the preceding
section. ,
Sec 5531. Every officer other person in tn
military naval service who by force, threat intimi
datop, or otherwise compels, attempts to compel
any officer holding election In any State to recelv
vote from person not legally qualified to vote,
who imposes, or attempts to impose, any regulation
for conducting any general Or special election I'D an
State different from those prescribed by law or wh
in the discharge of his cuty, shall be punished a
prescribed in section 5,229.
Sec 5,532. Every person convicted of any of tn
ofenses specified in the five preceding sections snail
in addition to the punishment therein severally pre-
scribed, be disqualified from holding any office Q
honor, profit or trust under the United states, ou
nothing in these sections shall be construed to pre-
vent any officer, soldier, sailor or marine from exc
cisug the right of suffrage in any election district
which he may belong, if otherwise qualified accort
ing to the laws of the State in which he offers
vote.
The foregoing enactments would seem to
sufficient to prevent military interference, b,
of such interference, added to this body of la
section Is of an act entitled "An act makir
appropriations for support OF the army Tor tt
fiscal year ending June 80, 1872 and for 9th
purposes" approved June Is, 1915, which
as follows:
POSSE CoMITATUs.
Sec Is. From and after the passage Of IL
act it shall not be lawful to employ any part OF
army of the United States as a posse comitatus
otherwise for the purpose OF executing laws exec
In such cases and under such circumstances as su
employment of said force may be expressly auth
lied by the constitution or by act of Congress, a
no money appropriated by this act shall be used
pay any of the expenses incurred in the employing
of any troops in violation of this section; and
person wilfully violating the provisions of this S
ton shall be guilty of misdemeanor, and upon c.
viction thereof shall be punished by fine not
ceeding $4,000 or imprisonment not exceeding t
years, or both such fine and imprisonment.
UNANIMTTY OF ITS PASSAGE.
This act passed the Senate, after full cons
Grafton. without single vote recorded agai
it on its final passage, and by a majority
more than two-thirds it was concurred in
the House of Representatives. The purpose
the section quoted was stated in the Senate
one of its supporters, as follows: Therefor
hone. without getting into any controve
about the past, but acting wisely for the
ture, that we shall take away the idea that
army can be used by general special q
ntv marshal, or any marshal, merely for e
tion purposes a posse, ordering them ab
the uolls or ordering them anywhere else WI
there ia no election going on, to prevent
orders or suppress disturbances that should
suppressed by the peace officers of the State
if they must bring Others to their
thew should summon unorganlzed cltl
and not summon the officers and men of
army as a posse committus to quell disor
and thus get up a feeling which will be
DISASTROUS TO PEACE AMONG THE PEOPLE
of this country" In the House of Repres
atives the object of the act of 1878 was st
by the gentlemen who had it in charge in
ilar terms. He said: ''But these are all N
noints and insignificant compared with
GREAT principle which was incorporated b!
House in the bill in reference to the u
armed men in peace. The Senate had alr'
included what they called and what We n
accept as a principle but they had stri
ont the penalty and had stricken ont the
.expressly,' so that the army might be
in ali cases where implied authority Nigh