The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-05-15
The Veto of the Military Interference


WASHINGTON, May R.-The President, to. day
| sent to the House of Representatives the follow
ing message.
10 the House,ef Representattres.
After careful consideration OF the bill entitled
Gan act to prohibit military interference at cleo
| tions," return it to the House OF Representa-
tiyes in which it originated, with the following
objections to its approval:
In the communication sent to the House o
Representatives on the 29th Of last month re
turning to the House without my approval The
| bill entitled IAN act making appropriations fol
the support OF the army for the fiscal year ending
| June 3d. 1890, and for other purposes endeav
Ored to show by quotations from 4fhe Statutes Of
! the United States now in force, and by a brie
| statement of facts in regard to recent elections
in the several States, that no additional legisla
ton was necessary to prevent interference with
| the elections by the military or naval forces oil
the United States. The fact was presented in
| that communication that at the time of the pas
sage of the act of June h. 1875 in relation to the
| employment of the army as a posse comitatus OF
otherwise it was maintained by it's friends that il
would establish vital and fundamental principle
| which would secure to the people protection
against standing army. The fact was also re.
gressional State, and municipal elections have
| been held throughout the Union and thae in no
| ence of United States troops at the POLLS
Holding as do the opinion that. any military
interference whatever at the polls is contrary to
the spirit of our Institutions and wound tend to
destroy the freedom OF elections, and sincerely
desiring to concur with Congress in all of its
m is WITH very grea reg Eli ha aat am
is not only unnecessary, to prevent such inter
ference, but is a dangerous departure from long
settled and Important constitutional principles
The true rule as to the employment OF military
force at the elections is not doubtful. No inimi-
dalton coercion should be allowed to control or
influence citizens in the exercise oftheir right to
vote, whether it appears in the shape OF comblna-
tions OF evil disposed persons or OF armed bod
les Of the mi litia of State or OF the military
force Of the United States
The elections should be free from all .forcible
interference, and, as far as practicable, from all
al of interference.
either of the Union OF the State militia should
be present at the polls to take the place or to per-
form the duties OF the ordinary civil police force.
There has been and will be no violation OF this
rule under orders from me during this admins
tration. But there should be no denial of the
right OF the National Government to employ its
military force any day and at any place in case
such employment is necessary. to enforce the
Constitution and laws of the United States.
The bill before me is as follows:
BE it enacted. &C., That it shall not be lawful
to bring to, or employ at any place where gen
eral or special election is being held in Slate,
any part OF the army or navy in the United States,
unless such force be necessary to repel the armed
enemies of the United States, or to enforce sec
ton article of the Constitution OF the United
States. and the laws made in pursuance Thereon.
on application of the Legislature or Executive o 1
the State where such force is % be used; and so
much of all laws is inconsistent herewith is
hereby repealed
It will be observed that the bill exempts from
the general prohibition against the employment
of military force at the polls two specified cases.
soundness of the principle that military force
may properly and constitutionaly be used at the
place of elections. when such use is necessary to
enforce the Constitution and the laws. But the
excepted leave the prohibition SO cxten Slve
and far reaching that it's adoption will seriously
impair the efficiency OF the Executive Depart
ment of the Government.
The first act expressly authorizing the use OF
almost as early as the organization of the Gov
eminent under the Constitution, and was ap-
proved by President Washington May 2, l7sS. 1t
is as follows:
SEC. p And be it further enacted That Whenever
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,
act, the same being notified to the President OF
the United States by an associate Justice or the
district judge it shall be lawful for the President
such state to suppress such combinations, and
to cause the laws to be duly executed And II the
militia of a State where such com binatlons may
happen shall refuse or be insufficient to suppress So
the same, it shall be lawful for the President, II
the Legislature OF the United states pc not IN IN
the militia of any other State or States most con-
venient thereto as may be necessary; and the
use of militia, so to be called forth, may be con.
tinued, if necessary, until the expiration OF
thirty days after the commencement OF the en-
suing session.
In 1895 this provision was substantially re-
enacted in law which repealed the act OF 1872 In
1907 the following act became the law by the ap-
proval OF President Jefferson:
''That in all cases OF Instruction or oDStruc-
tion the laws either of the United States or Of
lawful for the President of the United States to
call forth the militia for the purpose of suppress
be duly executed, it shall be lawful for him to
employ, for the same purposes, such part OF the
land or naval force of the United States as SHAH
be judged necessary, having first observed all the
prerequisites OF the law in that respect
By this act it will be seen that the scope of the
law of 1895 was extended SO as to authorize the
National Government to use not only the militia,
but the army and navy OF the United States in
causing the laws to be duly executed
~ m
1895, and 1907, modified in its terms from time to
time to adapt it to the existing emergency, re-
manned in force until, by an act approved by Pres
ident Lincoln, July 20, 1861, it re-enacted sub
stantialy in the same language in which it is now
found in the Revised Statutes, viz
'.SEo 5298. Whenever, by reason OF unlawful
distractions, combination, or Assem- bages of
government Of the United States, it shall become
impracticable, in the Judgment OF the President,
to enforce by the ordinary course e.. OF JUDICIAL
any State Territory, it shall be lawful for the
President to call forth the militia of any all
and naval forces Of the United States as he may
deem necessary to enforce the faithful execution
of the laws OF the United States, or to suppre IS
such rebellion. in whatever State Territory
thereof the laws of the United states may be
forcibly opposed, OF the execution thereof forci-
bly, INSTRUCTED"
This ancient and fundamental law has been in
force from the foundation OF the Government; 1t
is now proposed to abrogate it on certain days
and at certain places. In my Judgment no fact
has been produced which tends to show that it
ought d
hour at any place in any of the States or Terrific
ries of the Union. All the teachings OF experl.
ence in the course of our history are in favor OF
sustaining it's efficiency unimpaired. On every
occasion when the supremacy OF the constitution
has been resisted, and the perpetuity OF our in
situations mperilled, the principle of this stat
ute enacted by the fathers, has enabled the Gov
eminent OF the Union to maintain its authority
and to preserve the integrity of the nation
At the most critical periods of our history my
predecessors in the Executive office have relied
on this great principle 1t was on TINS prlnclPlA
+hofD JantW Mas n Off g.
key rebellion in 1884, In 1906, on the same prlnct
pie. President Jefferson broke up the Burr con.
spiracy by issuing 'orde rs for the employment OF
such force either of the regulars OF the militia.
and by such proceedings of the civil authorities
as might enable them to suppress
effectually the further progress OF the enter
prise" And it was under the same authority that
President jackson crushed nulIhcat1on in south
Carolina, and that President Lincoln issued his
call for troops to save the Union in 1861. On nu-
merous other occasions of less significance, I'M
der probably every administration, and certainly
under the present, this power has been usefully
exerted to enforce the laws. without objection by
any party in the country, and almost without at
tractingipublic attention.
whic was the foundation of the original statute
of 1892, and which has been its essence in the va
rious forms it has assumed since its first adop
ton is, that the Government OF the United States
possesses under the Constitution, in full measure
the power OF sef-protection by its own agencies.
altogether independent OF State authority. and, il
ments. 1t should remain embodied in our stat
utes, unimpaired, it has been from the very or
igin Of the Government. 1t should be regarded
as hardly less valuable or less sacred than pro-
vision 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 a list OF them
Many of them-perhaps the most OF them-have
been set forth in the debates of this measure.
They relate to extradition, to crimes against the
election laws, to quarantine regulations, to neu-
trality, to Indian reservations to the civil rights
of citizens and to other subjects. In regard to
them all it may be safely said that the meaning
and effect of this bill is to take from the General
Government important part of its power to
enforce the laws.
Another grave objection to the bill is its dis
elimination in favor OF the State and against the
national authority The presence or employment
OF the Army or Navy of the United States is law
full under the terms of this bill at the Ilace Where
an election is being held in State to uphold the
authority of State government then and there
in need of such military intervention, but unlaw.
full to uphold the authority of the Government OF
the United States then and there in need OF such
mil itary intervention. Under this bill the pres
ence and employment of the Army or Navy OF the
United States would be lawful, and might be ne
cessary to maintain the conduct of State election
against the domestic violence that would over
throw it, but would be unlawful to M intaln the
conduct of a national election against the same