Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1879-05-17
THE PRESIDENTS VETO.
The President vetoes the Act to Prohibit
Military Interference at the Polls.

United States, returning to the House
Of Representatives the bill entitled "An act
to prohibit military interference at elec-
tions."
To the House of Representatives
After careful consideration of the bill entf-
tied az An act to prohibit military interference
at elections" return 1t to the House OF Rep
resentatives. in which it originated, with the
following objections to its approval;
In a Communication sent TO the House OF
Representatives on the 29th of last month,
returning to the House without my approval
the bill entitled IAN act making approprta-
tions for the support of the Army for the
fiscal year ending June 80, 1850, and for other
purposes" 1 endeavored to show by quota
now in force and by brief statement OF FACTS
In regard to recent elections In several
States, that no additional Legislation WIS
necessary 20 prevent interference with
elections by the military or 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 Is 1878, I'm relation
to the employment of the Army as n posse
comitatus or otherwise, it was maintained by
its friends that il would establish vital and
fundamental principle which would secure to
the people protection against the standing
army. The fact was also referred to that
since the passage of this act Congressional,
State and municipal elections We're 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
to destroy the freedom of elections, and sin
cerely desiring to concur with Congress in all
regret that am forced to- the conclusion
that the bill before me is not only unneces-
sary to prevent such interference, but is
Dangerous departure from long settled and
Important constitutional principles. The
true rule as to the employment of military
force ut elections is not doubtful. No intimi-
dation or coercion should be allowed to con-
troll or influence citizens in the exercise of
their right to vote, whether 1t appears In the
slf.aNNE nf
force of the United States: The elections
and as far as practicable from all apprehen-
sion of such interference. 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 VIII be no violation of
this rule under orders from me during this
administration, but there should be no de.
nial of the right of the National Government
at any place, in case such employment is
necessary to enforce the Constitution ana
laws of the, United States. The bill before
BE n eaacted, ETC., That it shall not be law
full to bring to or employ at any place where
a general or special election is being held in
q State any part of the Army or Navy OF the
United States, unless such force be necessary
to repel armed enemies of the United states
or to enforce Section 4, Article 4 of the Con-
stitution of the United States, and laws made
in pursuance thereof, on application OF the
Legislature or Executive OF the State Wnere
such force is to be used; and so much of all
laws as is inconsistent herewith Is hereby re-
pealed."
1t will be observed that the bill exempts
from a general prohibition against the en-
ploment of military forces at polls two spe-
cific cases. These exceptions & recogni2z,ee the
force may properly and constitutionaliy be
used ut the place OF elections when such use
is necessary to enforce the Constitution and
laws; but the excepted cases leave the pro-
hibition SO extensive and far-reaching that
its adoption will seriously impair the EN-
cheney of the Executive Department OF the
Government.
The first act expressly authorizing the use
OF the military power to execute the LAWS was as
the Government under the Constitution, and
was approved by President Washington, May
"SEC @ And be n fun ther enacted, That when
ever the laws of the United States shall be
opposed or the execution thereof obstructed
In any State by combinations too powerful
to be suppressed by the ordinary course of
judicial proceedings, or by the powers vested
in the Marshals by this act, the same 6eing
by an Associate Justice or District Judge, 1t
shall be lawful for the President of the Unit
ed States to call forth the militia of such
State to suppress such combinations, and to
cause the laws to be duly executed, ana II
the militia of "A State where such combina-
tions may happen, shall refuse or be insufn-
cient to suppress the same, it shall be lawful
for the President, II the Legislature of the
United States be not in session, to call iortn
and employ such numbers of the militia OF
any other states most convenient thereto as
may be necessary, until the expiration OF
thirty days after the commencement OF the
ensuing session."
In I7s5 this provision was substantially re-.
enacted in a law which repealed the act OF
1872. In 1907 the following act became the
law by the approval of President Jefferson:
"That in all cases of insurrection or obstruc-
ton to the laws, either of the Uuited states
or of any individual State or Territory where
1t is lawful for the President of the United
States to call forth the militia for the pur-
pose OF suppressing such insurrecti9n OF %, 1I
| be lawful for him to employ for the same
purposes such part ofthe land or naval force
of the United States as shall be ad1udged
| necessary, having first observed all the pre-
requisites of the law in that respect"
| By this act It will be seen that the scope OF
| the law of 1795 was extended so rs to author
| lie the National Government to use not on
| ly the militia but the Army and Navy OF the
United States in causing the laws to be duly
| executed. The important provisions OF the
act of 1872, 1875, and 1907. modified In It's
terms from time to time, to adopt 1t to the
sx sXshg sn got apgroysd SV President dc T Lincoln
July %, 1861, tt was re-enacted substantially
In the same language in which tits now found
| In the revised statutes, VIZ:
| "SEC. 5,29S. Whenever by reason OF unlaw-
| ful distractions, combinations or assem-
blages of persons in rebellion against the au
| thority OF the Government of the United
States, it shall become impracticabie In the
| jud gment of the President to enforce, by the
laws of the United States within any State OF
| Territory, it shall be lawful for the President
| to call forth the militia of any or all States
| and to employ such part OF the land and ma
| val forces of the United States as he may
deem necessary to enforce the faithful exc
cution of the laws of the United states, or &c
| suppress such rebellion, in whatever state Oh
| Territory thereof the laws of the United
States may be forcibly opposed or the execu
ton thereof forcibly obstructed," This an
cient and fundamental law has been III
force from the foundation of the Govern
ment. 1t is now proposed to abrogate it OF
| certain days and at certain places.
In my Judgment no fact has been produced
| which tends to show that 1t ought to be re
pealed or suspended for single hour M. a. an; >
the Union. All the teachings of experience
In the course of our history are in favor @
sustaining its efficiency unimpaired On ey
ery occasion when the supremacy of tn
Constitution has been resisted and the per
petuity of our institutions Imperfect, tn
theirs, has enabled the Government OF tn
Union to maintain its authority and 20 pre-
serve the integrity of the Nation at the mos
critical periods of our history.
NV predecessors in the executive office hav
relied on this great principle. lt was on TIM
Suppressed the whisky rebellion in Pennsyl
vania I'm 1874. In 1906, on the same pr1nclpls
sp o she en p
ment of such force, either OF the regulars
of the militia, and by such proceedings oil tt
suppress effectually the further progress I
the enterprise 1t was under the same ~
thority that President jackson crusheu u
notification in South Carolina, and TN
President Lincoln issued his call tor troops
save the Union in 1861. On hume
Gus other occasions of less signincanc
under probably every administration, al
certainly under the present, this power nj
, been usefully exerted TO enforce the law law
, without objection by any party in the coul
! try, and almost without attracting puDnc u
; tention. Tire great elementary constitutto
I al principle which was the foundation OF tl
: original statute of 1872, and which has pc,
; its essence in the various forms 1t mas U u
i sumed since its first adoption, is that u
/. Government of the United States possess
: under the Constitution in full measure q
4 power of self protection by It's own agenci.
n altogether independent OF state autnorit
=, and il need be. against the hostility OF STA
: | Government. 1t should remain embouieu
c our statutes unimpaired, as 1t has been iro
: the very origin of the Government 1t shou
:. be regarded as hardly less valuable or le
!. sacred than provision OF the Constituti
II itself.
o There are many other important statut
: containing provisions that are liable to
8 suspended or annulled at times ana pi.ees