The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-05-08

Inc following IS Cne message Ol Ine
President of the United States returning
to the House of Representatives the bill
entitled can Act making appropriations
for the support of the army for the fiscal
year ending June 80, 1880, and for other
purposes"
To the House of Representatives
I have maturely considered the impor-
tant questions presented by the bill en-
titled "An Act making appropriations
for the support of the army for the fiscal
year ending June 80, 1880, and for other
purposes" and l now return it to the
House Of Representatives, in which it
originated, with my objections to its ap-
proval.
The bill provides in the usual form for
the appropriations required for the sup
port of the army during the next fiscal
year. fit contained no other provisions
it would receive my prompt approval.
1t includes, however, further legislation,
which, attached as it is to appropriations
which are requisite for the efficient per-
formance of some of the most necessary
duties of the government, involved ques-
tions of the greatest character.
THE LAW AS IT STANDS.
The sixth section of the bill is amen
datory Of the statute now in force in re-
gard 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 Feb
ruary 25, 1865, after protracted debate
in the Senate and almost without oppo-
sition in the House of Representatives,
by the concurrent votes of both of the
leading political parties of the country,
and became a law by the approval of
President Lincoln. 1t was re-enacted in
1874 in the Revised Statutes of the Uni
ted States-sections 1902 and 5,528,
which are as follows:
SECTION 2,002.-No military or naval
officer, or other person engaged in the
civil, military or naval service of the
United States, shall order, bring, keep
or have under his authority or control
any troops or armed men at the place
where any general or special election is
held in any State, unless it be necessary
to repel the armed enemies of the United
States or to keep the peace at the polls.
Sec. 5,52S.-Every officer of the army
OF navy, or other person in the civil, mil
itary or naval service of the United
States, who orders, brings, keeps or has
under his authority or control any troops
or armed men ut any place where gen.
eral or special election is held in any
State, unless such force be necessary to
repel armed enemies of the United States
or to keep the peace at the polls, shall be
fined not more than 5000 and suffer i'm
prisonment at hard labor not less than
three months nor more than FIVE years.
EFFECT OF THE AMENDMENT.
The amendment proposed in this stat
ute in the bill before me omits from both
of the foregoing sections tie words cor
to keep the peace at the polls" The
effect of the adoption of this amendment
may be considered
Frst-Upon the right Of the United
States government to use military force
to keep the peace at the elections for
members of Congress; and
Seeond-Upon the right of the govern
ment by civil authority to protect these
elections from violence and fraud.
In addition to the sections of the stat
ute above quoted, the following provis-
ions of law relating to the use of the mil
itary power at the elections are now in
force:
SEC. 2,003.-No officer of the army or
navy of the United States shall prescribe
or fix or attempt to prescribe or fix, by
proclamation, order or otherwise, 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 right of suffrage in
any State.
SEB. 5,529.-Every officer or other per-
son in the military or naval service who
by force, threat, intimidation, order, ad-
vice or otherwise prevents or attempts to
prevent any qualified voter of any State
from freely exercising the right of suf-
fiage at any general or special election in
such State shall be fined not moro than
$1,000 and Imprisonment at hard labor
not more than fiv" years.
SEC. $780, i officer of the army
or navy who prescribes or fixes, or at
tempts to prescribe or fix, whether by
proclamation, order or otherwise, the
qualification of voters at any election in
any State shall be punished as provided
in the preceding section.
Sec. 5,531.-Every officer or other per-
son in the military or naval service who
by force, threat, intimidation, order or
otherwise compels or attempts to compel
any officer holding an election in any
State to receive vote from person not
legally qualified to vote, or who imposes
or attempts to impose any regulations for
conducting any general or special elec-
ton in State different from those pre-
scribed by law, or who interferes in any
manner with any officer of an election in
the discharge of his duty, shall be pun
ished as prescribed in section $500.
SEC. 5,532.-Every person convicted Of
any Of the offences specified in the five
preceding sections shall, in addition to
the punishments therein severally pre-
scribed, be disqualified from holding any
Office of honor, profit or trust under the
United States; but nothing in those Sec
tions shall be construed to prevent any
officer, soldier, sailor or marine from ex-
ercising the right of suffrage in any cleo
ton district to which he may belong, if
otherwise qualified according to the laws
of the State in which he offers to vote.
THE POSSE coMITATUs.
The foregoing enactments would seem
to be sufficient to prevent military inter-
ference with the elections; but the last
Congre-c, TO remove all apprehension of
such interference, added to this body Of
law section fifteen of an act entitled San
Act making appropriations for the sup
port of the army for the fiscal year end
ing June 80, 1879, and for other pur-
poses," approved June IS, 1878, which is
as follows:
Sec. 15.-From and after the passage
of this act it shall not be lawful to en-
ploy any part of the army of the United
States "a nosse comitatus or otherwise