The Worthington advance., 1879-05-08
THE APPROPRIATION BILL.
Full Text OF the Veto Message OF Presi.
dent Hayes.


WARRINGTON, April 29.-The following !
the message Of the President Of the United
States, returning to the House of Representa-
tives the bill entitled An act making appro.
priations for the support Of the army for the
fiscal year ending June 3Oth. 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 inc army OF
the fiscal year ending June so, 1880, and for
other purposes, and now return it to the
House Of Representatives, in which 1t origin.
bill provides in the usual form for the appro
priattons required for the support OF the army
during the next fiscal year. II 1t contained
no other provisions it would receive my
prompt approval. It includes, however, furth
er legislation which, attached as 1t il to appro
priations which are requisite for the efficient
performance 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 tin the civil, military and
naval service Of the United States, at place
where any general or special election is held
u.
1885, after protracted debate In the Senate
and almost without opposition in the House
OF Representatives, by the concurrent votes o
both of the leading political parties of the
country, and became law by approval o
President Lincoln. It was re-enacted in 1874
| sections 2,002 and 5 52S, which are as follows
THE STATUTE.
Sec. 2,002. No military or naval officer
or other person engaged in the civil, military
or naval service of the United States snail or.
der, bring, keep or have under his authority OF
control any troops or armed men at place
where any general or special election is held
in any State, unless it be necessary to repel
armed enemies of the United States, OF
to keep the peace 1t the polls.
navy, or other person in the civil, military OF
naval service OF the United States who orders
ings, keeps or has under his authority OF
control any troops or armed men at any place
where general or special election lie held in
any State, unless such force be necessary to
repel armed enemies of the United States, OF
to keep peace at the polls, shall be fined moi
more than five thousand dollars and suffer
imprisonment at hard labor not less than
three months nor mere than five years.
The amendment proposed in this statute in
the bill before me Omits from both Of the fore.
going sections the words "Or to keep the
peace at the polls" The effect dthe adoption
Of this amendment may be considered first
upon the right Of the United States govern
ment to use military force to keep peace al
elections 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 of the statute
above quoted, the following provisions of law
relating to the use of the military power al
elections are now in force:
FURTHER RESTRICTIONS.
Sec. 203. No officers of the army or navy
of the United States shall prescribe or fix by
proclamation or otherwise the qualification 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 suff
rage in any State.
Sec. $50. Every officer or other person
in the military or naval service, who by force
threat, intimidation, orders, advice or other.
wise. prevents or attempts to prevent any
qualified voter Of any State from freely exer:
cising the rights of suffrage at any general
or special election in such State shall be fined
net more than &, 900 and imprisoned at hard
labor not more than five years.
Sec. $3.50. Every officer of the army and
| navy who prescribes, orders, fixes, or attempts
| to prescribe or fix, whether by proclamation,
| order, or otherwise the qualifications oi
! punished as provided in the preceding sec
! ton.
Sec. 553l. Every officer or other person
! in the military or naval service who by force
| threat, intimidation, or otherwise compels, OF
attempts to compel, any officer holding an
person not legally qualified @ ~ to
vote, or who imposes, or attempts to impose,
any regulations for conducting any general
| or special election in any State different from
| those prescribed by law, or who interferes in
any manner with any officer OF election in the
| prescribed in section 5,229.
Of the otfenses specified in the five
| preceding sections shall, in addition to the
punishment therein seVerally prescribed. be
disqualified from holding any office Of honor
profit or trust under the United States, but
nothing in these sections shall be construed
from exercising the right of suffrage in any
election district to which he may belong, il
otherwise qualified according to the laws
Of the State in which he offers to vote.
The foregoing euactments would seem to
be sufficient to prevent military interference
but the last Congress, to remove all appre.
hension Of such interference, added to this
body of law section Is of an act entitled Gan
act making appropriation for support of the
army for the fiscal year ending June 80, 1879,
and for other purposes" approved June IL,
1873, which is as follows:
| POSSE CoM1TATus.
Sec. Is. From and after the passage Of
this act it shall not be lawful to employ any
part of the army OF the United States as q
posse comitatus or otherwise for the purpose
Of executing laws except in such cases and
under such circumstances as such employ.
ment of said force may be expressly author.
lied by the constitution or by 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 violation
Of this section; and any person wilfully viola.
ting the provisions of this section shall be
guilty OF misdemeanor, and upon convic.
tion thereof shall be punished by fine not
exceeding e $10,O GOO or imprisonment not ex.
ceeding two years. or both such fine and i'm:
prisOnment.
UNANIMITY OF ITS PASSAGE
This act passed the Senate, after fnll con.
| sideration, without . single vote recorded
against its final passage, and by majority OF
more than two-thirds it was concurred in by
the House OF Representatives.. The purpose
OF the section quoted was stated in tho Senate
fore, hope, without getting into any contro.
versy about the past, but acting wisely for
| the future, that We shall take away the idea
that the army can be used by general or
| special deputy marshal, or anv marshal,
| merely for election purposes or posse, or.
dering them about the polls or ordering them
anywhere else where there is no election 20.
ing on, to prevent disorders or suppress dis.
turbances that should be suppressed by the
peace officers Of the State, or II they must
bring others to their aid they should summon
| unorganlzed citizens and not summon the
officers and men Of the army as posse com.
itatus to quell disorder, and thus get up a
ceiling which win be disastrous to peace
mong the people Of this country"
In the House Of representatives the object
Of the act Of 1878 was stated BY the gentlemen
who had it in charge in similar terms. He
! said: but these are all minor points and In.
significant compared with the great principle
which was Incorporated by tile House in the
bill IN reference to the use of armed men in
peace. The Senate had already included what
they called and what we might accept as
principle, but they had stricken out the pen.
atty and had stricken out the word "express-
ly," so that the army might he used in all
cases where its implied authority might be inter
| themselves firmly unnn tho don<rfro <hot