The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1879-05-08
PRESIDENTS MESSAGE

PRESIDENTS MESSAGE
vetoing the Army Appropriation Bill
Washington, April 29.-The following
is the message o. the president of the
United States, returning to the house OF
representatives the bill entitled An acl
making appropriations for the support OF
the army for the fiscal year ending June
30th. 1880. and for other purposes"
To the House Of Representatives.: ~
have maturely considered the import
ant questions presented by the bill entitled
AN act making appropriations for the
support of the army. for the fiscal year
ending June 30th, 1880, and for other pur.
poses" and now return it to the house OF
representatives. in which it originated
with my objections to its approval
The bill provides in the usual form for
appropriations required for the support oi
The army during the next fiscal year. II
it contained no other provisions it would
receive my prompt approval. 1t includes
however, further legislation, which, at
tached, as il is, to the appropriations
which are requisite for the efficient per.
formance of some of the most necessary
duties of the government involves ques-
tions of the gravest character.
The sixth section of the bill is amenda-
tory OF a statute now in force in regard 10
the authority of persons in the civil, mill
tary and naval service of the United States
at a place where any general OF special
election is held in any state. This statute
was adopted February 25th, 1865. after a
protracted debate in the senate, and almost
without opposition in the house OF repre-.
l,,n >f hNSk ~
the leading political parties of the coun.
try, and became law by the approval of
President Lincoln. 1t was re-enacted in
1874 in the revised statutes of the United
States, sections 2,OO2 and 5,52s, which are
as follows:
"Section 2,OO2. 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 hoops
or armed men at q place where any gen.
eral or special election is held in any state,
unless 1t be necessary to repel armed enc
mics of the United States to keep peace at
the polls
section 5,52s. Every officer of the army
OF navy or other person in the civil. mill
tary or naval service who orders, brings,
keeps or has under his authority or con-
troll any troops or armed men at any place
where q general or special election is held
in any state, unless such force be neces.
sary to repel armed enemies of the United
States or to keep peace at the polls, shall
be fined not more than 5000 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" N
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 the peace at
elections for members of congress, and
second, upon the right of the government
by civil authority to protect these cleo
tions from violence and fraud. In addi-
ton to the sections of the statute above
quoted, the following provisions of law re
lating 10 the use of military power at cleo
tions are now in force: +.- .s.-..--
Section 2,OO3 No officer of the army or
navy of the United States shall prescribe
or fix, or attempt to prescribe or fix, by
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 exer
else of free rights of suffrage in any state.
"Sectlon $500. Every ctncer or other
person in military or naval service. who
by force, threat or intimidation, order ad.
wise or otherwise, prevents or attempts To-
prevent any qualified voter of any state,
from freely exercising right of suffrage at
state, shall be fined not more than 5000
and imprisoned at hard labor not more
than five years.
Section 1880. Any officer of the army
or navy who prescribes or fixes, or at
tempts TO prescribe or fix, whether by
order or otherwise, the
of voters at any election in
any state, shall be punished as provided
in the preceding section.
"Sec. 5,531. Any officer or other person
In the military or naval service who by
force, threat, intimidation or otherwise,
compels or attempts 20 compel any officer
holding an election IN any state to receive
a vote from a person not legally qualified
to vote, or who imposes, or attempts to
impose any regulations for conducting
any general or special election in any
state different from those prescribed by
law, or who interferes in any manner with
any officer of election in the discharge of
his duty, shall be punished as prescribed
in section 5,229.
Sec. 4,4S2. Every person convicted of
any of the offenses specified in the five
sections shall, in addition to
the punishments therein severally pre-
&c. ibed, be disqualified from holding any
Office of honor, profit or trust under the
United States; but nothing in these sec
tions shall be construed to prevent any
officer, soldier, sailor or marine from exer-
cising 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 foregoing enactments would seem
to be sufficient to prevent military inter-
ference with elections, but the last con-
gress, to remove all apprehensions as such
added to this body of law,
section Is of the act entitled "An act max
ing appropriations for the support of the
army for the fiscal year ending June 30th,
and for other purposes" approved June
18th. 1878, which is as follows:
Sec Is. From and after the passage of
this act, il shall not be lawful TO employ
any part of the army of the United States
as a posse comitdtus or other hire for the
purpose of executing the laws except in
such cases and under such circumstances
rs such employment of said force may be
expressly authorized by the constitution
or by act of congress, and no money ap-
propriated by this act shall be used to pay
any troops in violation of this section !;
and any person wilfully violating the pro
visions of this section shall be deemed
guilty of a misdemeanor, ana upon con-
victiOn thereof shall be punished by q
fine not exceeding $4,000, or imprison-
ment not exceeding two years, or both
such hne and imprisonment.
This act passed the senate after full
consideration without single vote re-
corded against it on its final passage; and
by a majority of over two-thirds it was
concurred in by the house of representa-
tlves- The purpose of the section quoted
was stated in the senate by one of its sup
porteB as follows:
Therefore, 1 hope. without getting into
any controversy about the past, but acting