River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1879-05-15
PRESIDENTS MESSAGE.

WASHINGTON, May l2.-The following is the
message of the President returning TO the
House of Representatives the bill entitled;
s'An act to prohibit military interference at
elections:"
To the House of Representatives: After
careful consideration of the bill entitled IAN
act to prevent military interference at cleo
tions," l return it TO the House of Represen-
tatives, in which it originated, with the follow
ing
OBJECTIONS TO rrs APPRoyAI..
In communication sent to the House of
Representatives the 10Th of last month, return
ing to the House without my approval the bill
entitled IAN act making appropriations for the
support of the my for the fiscal year ending
June 50, $780, and for other purposes, / en-
deavored TO show you by quotations from the
statutes of the United States now in force, and
by brief statement of facts in regard TO
cent elections in several States that no adj
ditional legislation necessary to prevent
| interference with elections by military 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 10,
| 1878, in relation to the
| EMPLOYMENT or THE ARMY
as posse comitatus or otherwise, ii was main
tanned by its friends that it would establish a
vital and Fundamental principle which would
| StGutG W tut people against lut
| standing the army. The fact was also referred TO
that since the passage of this act by Congress,
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 inter
ference whatever at the polls is contrary to the
spirit of our constitution and would tend to
| destroy the freedom of elections and sincerely
desiring To concur with Congress IN all of 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 such inter
| ference but is dangerous departure from long
settled and important constitutional principles.
The true rule to the employment of military
force at elections is not doubtful. No
| INTIMIDATION OR COERCION
should be allowed to control or influence cti-
zens in the exercise of their rights TO vote
whether it appears in the shape of combina-
tions of evil disposed persons, or of armed
| bodies of a militia of State, or the military
| force Of the United States. The election should
| be free from all forcible interference, and as
| far practicable from all apprehension of
such interference. No soldier either of the
| Union of the State militia, should be present
at the polls to take the place of or to perform
| the duties of an ordinary civil police force.
There has been and will be violation of this
rule under orders from me during this admin
right of the national government to employ its
military force any day and at any place
such employment is necessary to enforce the
| constitution and laws
| OF TIE UNITED STATES.
| The bill before me is as follows:
| Be it enacted, etc. that il shall not be lawful to
bring employ at any place where general or spe-
cial election being held in State any part of the
army navy of the United States unless such force
be necessary TO repel armed enemies of the United
States, or to enforce section article 4, of the
sttuton of the United States aud laws made in pur
suance thereof application OF the legislature
or executive of the State where such force is to be
used and much of all laws is inconsistent there
with is hereby repealed,
| 1t will be observed that the bill cxempts
from the general prohibition against the en-
| ployment of military force two specified cases.
| These exceptions recognize and eoncede the
soundness of the principle that the military
| force may properly and constitutionally be
| used at places of elections when such use is
necessary to enforce the constitution and laws
| but the excepted cases leave the prohibition SO
| extensive and far-reaching that its adoption
will seriousl y impair the efficiency of the ex-
ecutive department of the government. The
| first act expressly
AUTHORIZING THE USE or THE MILITARY POWER
to execute the laws passed almost as early as
the organization of the government under the
constitution, and was approved by President
Washington May ID, 1892. 1t is as follows:
| Section .. And be it further enacted, that when
ever the laws OF the United States shall he opposed
or the execution thereof DISTRACTED i'll any State by
combination too powerful to be suppressed by the
ordinary of judicial proceedings and by the
powers vested in marshals by this act, the same be-
ing certified to the President of the United States
by an associate justice district judge, il shall be
lawful for the President to call militia of such
State to suppress such combination and to cause
! the laws to be duly executed; and if the militia of
| the State where such combination may happen shall
| refuse or be insufficient to suppress the same,
| IT SHALL BE LAWFUL FOR THE PRESIDENT
if the legislature of the United States sc not in
sion to call forth aud employ such members of mil
tia of any other State or States most convenient
thereto as may be necessary, and the of militia
30 TO be called forth may be continued If necessary
until the expiration of thirty days after the COM
mencement of the ensuing session.
| III OIe year 400, tnis provision sub
| stantially re-enactcd in a law which sub
stIntially repealed the act of 1892. In 1907
| the following act became the law by the APP
| prevail of President Jefferson:
That in all of instruction or obstruction
to the laws of the United States of any individual
State Territory, where IL lawful for the Pres
dent OF the United States call forth the militia for
the purpose of suppressDg such insurrection or OF
causing the laws to be duly executed, it shall be
| lawful for him to employ for the same purposes
such part of the land naval force of the United
States shall be judged necessary having first oh
served all the prerequisites of the law in that re-
| spect.
BY this act it will be seen that the scope of
| ize the national government to
USE NOT ONLY THE MILITIA BUT THE ARMY AND
NAVY
| of the United States in causing the laws TO be
duly executed. The important provisions of
the acts of 1902. 1895 and 1907, modified in its
terms from time to time to adapt it to existing
| emergencies, remained in force until by an act
approved by President Lincoln, July 49, 1861,
it was re-enacted substantially in the same
language in which it is found in the re-
vised statutes, viz:
Section 1888. Whenever, by reason of unlawful
distinctions, combinations assemblages of pers
In rebellion against the authority of the government
of the United States it shall become impractcable in
the Judgment of the President to enforce by the
binary of judicial proceedings the laws of the
United States within such State Territory, it shall
be lawful for the President to call forth the militia of
any all the States and employ such parts of the
land and naval forces of the United States he may
deem necessary enforce the faithful execution OF
the laws of the United States to suppress such
belion in whatever State Territory thereof the laws
of the United States may be forciby opposed or the
execution thereof forclbly obstructed.
THIS ANCIENT AND FUNDAMENTAL LAW
which has been in force from the foundation
of the government, it is now proposed to abro-
gate on certain days and at certain places. In
my Judgment no fact has been produced which
tends to show that it ought tn be repealed or
suspended for a single hour, at any place in
any of the States and Territories Of the Union.
All The teachings of experience In the course
of our history in favor of sustaining its
efficiency unimpaired on every occasion when
the supremacy of the constitution has been
resisted and the perpetuity of our institutions
imperilled.
THE PRINCIPLE OF THIS STATUTE
made by the fathers has enabled the govern
ment of the Union to maintain its authority
and to preserve the integrity of the nation of
the most critical periods of history.
My predecessors in the executive office have
relied on this great principle.
1t was on this principle that President Wash |
iDgton suppressed the whisky rebellion in
Pennsylvan in 1894.
In 1906 on the same principle President JEFF
ferson broke up the Burr conspiracy by issuing
orders for the employment of such forces eth |
er of the regulars of the militia, and by |
such proceedings of the civil authorities as
might enable them to suppress effectually the |
further progress of the enterprise. 1t was |
under the same authority that President Jack |
CRUSHED MULTIPLICATION
in South Carolina and that President Lincoln |
issued his call for troops to save the Union in |
1861.