The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-05-07
THE PRESIDENTS VETO.
History of Congregational Legislation on the
Subject.

History of Congregational Legislation on the
Subject.
WASHINGTON, April 29.-TAe following is
the message of the president On the United
States on returning to the House OF Repre-
sentatives the bill entitled IAN act making
the appropriation for the support OF the
army for the fiscal year ending june 30, 1880,
and for other purposes
To the House Of Representatives:
have maturely considered the important
making appropriations for the support Of the
army for the fiscal year ending June 30. 1850,
and for other purposes, and now return it to
the House OF Representatives, In which IL
originated, with my objections to its approval.
The bill provides, in the usual form, for the
army during the next fiscal year. If it con-
tanned no other provisions, 1t would receive
further legislation, which, attached as it is to
appropriations which are requisite for the
necessary duties OF the Government, involves
ausstions Of the grayest character. the sixth
now in force in regard to the authority of
naval service ls Of the United states s
ton is held in any State. This statute was
adopted February Is, 1866, after a protracied
position in the House of Representatives,, by
the concurrent votes of both of the leading
", "A
law by the approval of President Lincoln. 1t
was re-enacted in 1874 in the revised statutes
| Of the United States, sections 1902 and 5,52S,
Section 2,OO2. No military or naval officer or
other person engaged in the civil, military
| 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
| the armed enemies of the United States, or to
| Section 5,52S. Every officer OF dhe army or
| navy or otner person in the civil, military or
| naval service of the United States who orders,
1 brings, keeps or has under his authority or
control any troops or armed men at any place
| where general or special elections is held in
| pei the enemies of the United States, or to keep
| The peace at the polls, shall be fined not more
| Than 200, and suffer imprisonment at hard
labor not less than three months nor more
than FIVE years.
-, The amendment proposed in this statute In
going sections the words "or to keep the peace
at the polls" The effect of the adoption of
this amendment may he considered first upon
! the right of the United States Government to
| use military force to keep the peace at cleo
upon the right OF the Government by civil
authority to protect these elections from vio-
lence and fraud. In addition to the sections
of the statute above quoted the following pro-
visions OF the law relating to the use Of the
military power at elections are now in force:
Section U03. No officer of the army navy
| of the United States shall prescribe or fix, or
attempt to prescribe or fix, by proclamation,
|
| in any State, or in any manner to interfere
with the freedom of any election in any State
or with the exercise of the free rights of suf-
section 5,52s. Every ofncer or other person
| In the military naval service who by force,
threat, intimidation, or by advice. or other
wise, prevents, or attempts to prevent, any
| qualified voter of any State from freely exer-
cising the right of suffrage at any general or
special election IN such State, shall be fined
not more than 5000 and Imprisoned at hard
labor not more than five years.
Section $3.50. Every officer of the army or
navy WHO prescribes or fixes, or attempts TO
order or otherwise, the qualifications OF voter )
| at any election in any State, shall be punished
as provided in the preceding section.
person In the military or naval
service who, by force, threats, in
to 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
Quoting any general or special election in the
state different from those prescribed by law,
officer of election in the discharge OF his duty,
shall be punished as prescribed in section
Sec. 5,5s2. Every person convicted of any of
the offences specified in the five preceding Sec
tions shall, in addition to the punishments
from holding any ONCE Of honor, profit or
trust under the United States; but nothing in
any officer, soldier, sailor or marine from exer-
siising the right Of suffrage nI in any
otherwise qualified according to the laws OF
the State where he offers to vote. s-Dr
The foregoing enactments would seem to be
sufficient to prevent the military from inter-
ference with elections, but the last Congress, to
remove all apprehension of such interference,
added to this body of the law s. ction l5 of an
act entitled an act making appropriations for
| the support of the army Tor the fiscal year end
ing June 30, 1879, and for other purposes, APP
proved June Is, 1873, which is as follows:
Section Is. From and after the passage OF
Of nj as a
l posse comitstus, or otherwise, for the purpose
of exeeuting the laws, except in such cases and
under such circumstances as such EN- ploy ment
offaid force may be expressly authorized by
the constitution or by act of Congress, and nc
to pay any of the expenses incurred In the EN-
ployment of any troops In violation of this
provisions OF this section shall be deemed
guilty of a misdemeaner, and upon conviction
thereof s shall be punished by fine not exceed
two years, or both such fine and imprlson
ment ~
The act passed the Senate, after full con-
sideration, without a single vote recorded
against 1t on its final passage, and by q ma
jority of more than two thirds it was concur
purpose OF the section quoted was stated in
the Senate by one of its supporters follows
controversy about the past, but acting wisely
for the future, that we shall take away the
idea that the army can be used by a general
merely for election purposes, or as a posse
ordering them about the polls or ordering
them anywhere else where there is no election
going on, prevent disorders or suppress dis
turbances that should be suppressed by
peace officers of the State, IL they mus,
bring others to their aid they should summon
unorganized citizens, and not sum mon officers
Su eens
which will be disastrous to peace among. the
people of the country"
In the House of representatives the object OF
the act of 1878 was stated by the gentleman
| who had it in charge in similar terms. He
with the great principle which was fncor-
porated by the House in the bill in reference
to use of armed men in time of peace. The
Senate had already included what they called
and what we might accept as principle, but
they had stricken out the penalty and had
/ stricken out the word expressly, SO that the
army might be used in all cases where implied
authority might be inferred. In the House
4 the committee planted themselves firmly
upon the doctrine that rather than yield this