Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1879-05-08
THE MESSAGE.
President Hayes Reasons for
Withholding His APPROX
al from the Army Bill.
A Clear, Manly and FOrcible
Document.
The Demand OF the Confederates
Unconstitutional and I'm
called for.


tiyes 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"
To the House of Representatives:
I have maturely considered the i'm
portant questions presented by the bill
entitled IAN 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
originated with my objections to its APP
prevail. The bill provides in the usual
form for appropriations required for the
support of the army during the next fis-
cal year. If it contained no other pro
visions it would receive my prompt ap-
proval. 1t includes, however, further
Legislation, which, attached as it is to ap-
propriations which are requisite for eff
cient performance of some of the most
necessary duties of the government, in
wolves questions of gravest character,
The sixth section of the bill is amend
atory 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 place where any gen.
eral or special election is held in any
State. This statute was adopted Feb
ruary 25, 1865, after a protraeted 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
United States, sections 2002 and 1928,
which are as follows:
sSEC 2OO2. No military or naval officer
or other person, engaged in civil, mill
tary, or naval service of the United
States, shall order, bring, keep or have
under his authority or 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 or
to keep peace at the polls.
'SEc. 552S. Every officer of the army
or navy, or other person in the civil,
military, or naval servi ce of the United
States, who orders, brings, keeps or has
under his authority or control any
troops OF armed men at any place where
a 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 $1,000, and
suffer Imprisonment at hard labor not
less than three months, nor more than
five years"
The amendment proposed in this
statute in the bill before me omits from
both of the foregoing sections the words
"or to keep the peace at the polls" The
effect of the adoption of this amend
ment 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 govern
ment, by civil authority, to protect these
elections from violence and fraud.
In addition to the sections of the
statute above quoted, the following pro-
visions Of law relating to the use of the
military at elections are now in force:
@SEC. 2O0S. No officer of the army OF
navy of the United States shall prescribe
or fix, by proclamation, order, or other
wise, the qualifications of voters in any
manner interfere with the freedom of
any election i'll any State, or with the
exercise of free rights of suffrage of any
State.
~SEC. 5529. Every officer or other per-
son in 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
suffrage at any general or special cleo
more than $4,000, and imprisoned at
hard labor not more than five years.
"SEC. $500. Every officer of the army
or navy, who prescribes or fixes, or at
teinpts 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. 5531. Every officer or other per-
son in the military or naval service, who,
by force, threat, intimidation, or other
wise. compels, or attempts to compel,
any officer holding an election in any
State to receive vote from any person
not legally qualified to vote, or who i'm
pose, or attempts to impose, any regula-
tion for conducting any general or spe-
cial election in any State, different from
those prescribed by law, or who inter-
feres in any manner with any officer of
election in the discharge of his duty,
shall be punished as described in section
1920.
SEC. 5532. Every person convicted of
any of the offenses specified in the five
preceding sections shall, in addition to
punishment therein severally prescribed,
be disqualified from holding any office
of honor, profit, or trust under the Uni
ted States; but nothing in these sections
shall be construed to prevent any officer,
soldier, sailor, or marine from exercising
the right of suffrage in any election dis
trict to which he may belong, if other
wise qualified, according TO the laws Of
the State in which he offers to vote"
The foregoing enactments would seem
to be sufficient to prevent military inter
ference with elections. But the last
Congress. to remove all apprehension of
such interference, added to this body of
law section Is of an act entitled "An act
making an appropriation 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. Is. From and after the passage