Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-05-15
TEn Tnfn Message.


After careful consideration of the bill entitled
an act 10 prevent military interference al eiec-
mons, eturn it 10 the house of representatives.
IN which il originated, with the following ooJec-
/ tons 20 its approval.
/ in a Communication sent to the house Of repre-
fentatVes on the 29th of last month, returning 10
/ the mousse without my approval, the Dill entitled
" an act making appropriations for the support
OF the army for the fiscal year ending June Both,
/ 1851 and for other purposes / endeaYored 10
snow 0y quotations from the statutes OF the
united States, in force, and by brief statemeH,
OF laets IN regard TO recent elections IN several
states that no additional legislation was neces-
sary T. prevent interference with elections by
me military or naval forces of the United States
! Inc TACT was p esented in that communication
| that at the time of the passage of that sct or
June 18Th, 1873 in relation 10 the employment OF
! TIE army as posse c0E1ifdtUS, or otherwise, II
was maintained By its friends that IL would es-
tabliSh the
VITAL AND FUNDAMENTAL PRINCIPLE
which would secure to the people protection
against standing army. The fact was also re-
ierred 10, that since the passage of this act the
Congressional, state and municipal elections
nave been held throughout the union, and that IN
no instance has q complaint been made OF the
presence Of United States soldiers at the polls
Holding, as Go, the opinion that any military
Interference whatever at the polls is contrary TO
the spirit of our institutions. and would tend 10
destroy the freedom OF elections, and sincerely
desiring TO concur with congress In all OF It's
measures, 1t Is with very great regret that am
forced to the conclusion that the bill before me Is
not only unnecessary to prevent such Interior
euCSs ouI is dangerous departure from long SET
tied and important constitutional principles.
The true rule as to the employment of military
force at elections Is not doubtful. No 1nLlmida-
ton or coercion should be allowed TO control or
influence citizens in the exercise OF their right
TO vote, whether 1t appears in the shape OF COM
blnat!ons OF evil-Gisposed persons, OF OF armed
bodies Of militia OF state, of the military
force of the United States. The elections should
be free from all torcible interference and far
rs practicable from all apprehension OF such in
reference. No soldiers, either of the union or Of
the state militia. should be present at the polls to
take the place or to perform the duties OF the
ordinary civil police force. There has been and
will be 10 violation of this rule under orders
from me during this administration. but there
should be no denial of the right of the national
government TO employ Its military force on any
day and al any place; such employment is neces
sary to enforce the constitution and laws Of the
United States.
THE BILL BEFORE NE AS FOLLOWS:
BE it enacted that it shall not be lawful to bring
to or employ at any place where general special
election is 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 enforce section 4, article ". of the
constitution of the United States and laws made in
pursuance thereof application of the legislature
executive OF state where such force is to be used,
and SO much OF all laws as is inconsistent Herewith
! 70 hereby repealed -
1t will be observed the bill exempts from the gen.
eral prohibition against the employment OF military
force at the polls two specified These exemp
tlons recognize and concede the soundness of the
|
constitutionay be used at places of elections when
such use is necessary to enforce the constitution and
laws; but the excepted leave the prohibition
extensive and fdrreachIng that its adoption will
riously impair the efficiency of the executive depart
ment OF the government.
HISTORICAL IMPORTATION.
The first act expressly authorizing the use of mill
tary power the laws was passed almost as
early the organization of the government under
| the constitution and was approved by Preside mt
! Washington. blay 90 49,! Ii was follows:
| Section 2. And be it further enacted, That
wherever the laws of the United States shall be OPP
posed or the execution thereof INSTRUCTED in any
state by combinations too powerful to be suppressed
by tue ordinary OF judicial proceedings, by
powers vested in the marShals by this act, the same
being ratified to the president of the United States,
by an associate justice district judge, it shall be
lawful Tor the president of the United States
der the militia Of such state to suppress such COM
bnationS. and to the laws to be duly executed
Aud If the militia of state where Ich combina-
tions may happen, shall refuse be insufficient to
suppress the same it shall be lawful for the presi
dGnt if the legislature of the United States be lot
in session. to call forth and employ such numbers of
| the militia of any other conye-
| nient thereto may be necessary. And the of
the militia to he called fort may be continued if
necessary, till the expiration of hrtydays after the
! commencement Of the ensuing session
| In 1875
| THIS PROVISION WAS SUBSTANTIALLY RE-BNACTED
in a law which repealed the act of 1893. In 1907
! tie following act became the law by approval OF
! President jefferson:
EThat in ell cases of insurrectiOn or obstruction
| 10 tue laws either OF the United States or of any
! individual, stale or territory where it is lawful
for the president or the United States to call forth
the militia Tor the purpose of suppresslng such
instruction or of causing the laws to be duly ex-
ecuted, it shall be lawful for him TO employ for
the same purposes such part of the land and naval
! force OF the United STATES as shall be judged
| necessary.
! Having first observed all the prerequisites Of
the law IN that respect by this act il Will be seen
the scope of the law OF 1895 was extended so as to
| a a mint
! only the militia but the army and navy OF the
| United States ON every occasion when the su-
premacy OF the constitution has been resisted
and the perpetuity of our institutions lmperIlcd.
| The principle OF this statute enacted by the
| fathers has enabled the government of the union
| to maintain its authority and to preserve the in
tegrity OF the nation at the most critical periods
| of history My predecessors in the executive Of
fee have relied on this great principle. II was
| on this principle that President Washington sup
| pressed ths whisky rebellion in Pennsylvania in
1894. In 1906, on the same principle,
PRESIDENT JEFFERSON BROKE Up THE BURR con-
| sPIRACY
| by Issuing orders for the EMPLOYMENT of ouch
force, either of the regulars or of the militia, and
| by such proceeding of the civil authorities a:
might enable them to suppress efectually the
| further progress of the enterprise independent
OF state authority, and il need be, against the hos
| tile state governments. 1t should remain embod
! led in our statutes uuimpaired, as it has been
from the very origin OF the government. 1t should
be regarded as hardly less valuable or lcss sacred
| than the provision of the constitution itself
| There are many Other important statutes con-
tanning provisions that are liable to be suspend
| ed or annulled at the times and places of holding
| elections If the bill before me should become ]
| law. do not undertake to furnish list of them
| Many of them. perhaps most of them, have bee L
| set forth in debates on this measure. They re
late to extraditon to crimes against elections. Il
| quarantine regulations, to neutrality, to Indian
| reservations, to civil rights OF citizens. 1t was
UNDER THE SAME AUTHORITY
fbotp -o Ton1 sbad
IN South Carolina, that President Lincoln issued
his call for troops to save the union in 1861. On
numerous other occasions of less significance
| under probably every administration and certain
~ under the present, this power has been useful
| ly exerted to enforce the laws without objection
by any party in the country and almost without
| attracting public attention The great elementa
| ry constitutional principle which was the founda-
ton ofthe original statute Of 1892, and which ha.
been its essence in the various forms it has as
sumed since It's first adoption, is that the govern
ment OF the United States possesses under the
constitution, in full measure, the power of self
protection by its own agencies.
The important provision of the acts of 1892
1795 and 1907, modified in its terms from time &c
time to adapt 1t to the existing emergency, re
President Lincoln July 29th, 1861, it was re-en
acted substantially in the language in
which it is now found in the revised statutes,
viz:
Section 1898. Whenever, by reason of unlaw
full distractions, combination or assem- blages o
PERSONS or rebel ion against the authority of the
Cove nment of the United States, it shall become
lmpracticable IN the judgment of the president tC
enforce by the ordinary course of judicial pro
coed ugr the laws OF the United States within
any state or territory 1t shall be lawful for the
president to call forth the militia OF any or al
states, TO employ such parts ofthe land and naYa
forces OF the United states he may deem nee
essary, 10 enforce the faithful execution OF the
laws of the United Ststes, or to suppress such re
bclon, in whatever etate or territory thereof the
laws OF the United States may be forciby OPP
posed or the execution thereof forcIbly OBJ
structcd,