Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-05-08
THE ARMY APPROPRIATION BILL.
Full Text of the Veto Message or Presi-
dent Hayes.

= seAA A~AO Va INC VcUO MSBs8&e DE RFeBh-
dent Hayes.
WASHINGTON. April 29,-The following is the
message of the President of the United States,
to the House of Representatives the
bill entitled an act making appropriations for
support of the army for the fiscal year ending
June SOth, 1880, and for other purposes:
To the House of Representatives: have
considered the important questions
by the bill entitled an act making
for the support of the army for
the fiscal year ending June 80, 1880, and for
other purposes, and now return it to the
House of Representatives, in which it Originate
ed, with my objections to it's approval. The
bill provides in the usual form for the ap-
preparations required for the support of the
army during the next fiscal year. If it con-
tanned no other provisions it would receive my
prompt approval. 1t includes, however, further
legislation which, attached as it is to appropria-
tiOns which are requisite for the efficient per-
Torrance of some of the most necessary duties
of the government, involves questions of the
GRAvEsT CHARACTER.
The sixth section of the bill is amendatory
of a statute now in force in regard to the au-
thOrity of persons in the civil, military and
naval service of the United States. at place
where any neral or special election is held in
any State. This statute was adopted Feb. 25,
1865, after protracted debate in the Senate
and almost without opposition in the House of
Representatives, by the concurrent votes of
both of the leading political parties of the
country, and became law by approval of
President Lincoln. 1t was re-enacted in 1874
in the revised statutes of the United States,
sections 2, 002 and 5,52S, which are as follows:
THE STATUTE.
Gao q Ar
person engaged In the civil, military naval ser
vice of the United States shall Order bring, keep
have under his authority or control any troops or
armed men ut place where any general or special
election il held in any State, unless it be necessary
to repe armed enemies of the United States, or to
keep the peace at the polls.
Sec. 5,52S. Every officer of the army or navy, or
other person in the CIVIL military naval service of
under his authority control any troops or armed
men at any place where general special election
is held In any State unless such force be necessary
to repe armed enemies of the United States, or to
keep peace at the polls, shall be fined not than
five thousand dollars and suffer imprisonment al
hard labor not less than three months nor more than
five years.
PEACE AT THE POLLS.
The amendment proposed in this statute in
the bill before me omits from both of the fore
going sections the words ''or to keep the peace
at the polls" The effect of the adoption OF
this amendment may be considered first upor
the right of the United States government tt
use military force to keep peace at elections
for members of Congress, and second, upor
the right of the government, by civil authority
to protect these elections from violence anC
fraud.
In addition to the sections of the statute
above quoted, the following provisions of Law
relating to the use of the military power a
elections are now in force:
URTHER RESTRICTIONS.
Sec. 2.3. No officers of the army or navy O.
the United States shall prescribe fix by proclama
ton otherwise the qualification of voters in any
State IN any manner interfere with the freedom
any election in any State, with the exercise of thu
free rights of suffrage in any State
Sec. $3.50. Every officer or ether person in tn
military naval service, who by force threat intim
idaon, orders, advice or otherwise, prevents at
tempts to prevent any qualified voter of any Stat
from freely exercising the right of suffrage at an
general special election in such State shall be net
not more than $1,000 and imprisoned at hard labo
not more than five years.
Sec. $3.50. Every officer OF the army and nav
who preScrbes ORDERS fixes, or attempts to preserib
fix, whether by proclamation, order, otherwise
the qualifications of voters at any election in an
State shall be punished as provided in the preceding
section.
Sec 5,531. Every officer or other person in tn
military naval service who by force, threat intmi
dalton, otherwise, compels, attempts to compel
any officer holding an election in any State to receiv
vote from person not legally qualified to vote, o
who imposes, or attempts to impose any regulation
for conducting any general Or special election in an
State different from those prescribed by law, VIII
nterferes in any with any officer of electio
in the discharge of his duty, shall be punished
prescribed In section 5,2zS
Sec. $3.50. Every person convicted OF any Of tn
ofenses specified in the five preceding sections shall
in addition to the punishment therein severally pre-
| scribed, be disqualified from holding any Office o
honor, profit or trust under the United States, bu
nothing In these sections shall be construed to pre-
vent any officer soldier sailor or marine from exel
cisng the right of suffrage in any election district
which he may belong, if otherwise qualified accord
ing to the laws of the State in which he offers
vote.
The foregoing enactments would seem to
| sufficient to prevent military interference, bu
| the last Congress, to remove all apprehensio
| of such interference added to this body of la,
section Is of an act entitled IAN act maxim
| appropriations for support of the army for tn
fiscal year ending June 80, 1879, and for othe
purposes" approved June Is, 1873, which
as follows
| POSSE coMITATUs.
] Sec. Is. From and after the passage of thi
act it shall not be lawful to employ any part of IL,
| army of the United States as posse comtat1s @
| otherwise for the purpose of executing avs exceI
| in such cases and under such circumstances sue
| employment of said force may be expressly author
lied by the constitution Or by act Of Congress,
no money appropriated by this act shall be used t
pay any of the expenses incurred in the employmeI
of any troops in violation of this section; and an
person wilfuly violating the provisions of this SEA
| ton shall be guilty or m1Sd6moanor, ana upon cor
viction thereof shall be punished by fine not e1
| ceedng $4,000 or imprisonment not exceeding tw
| years, or both such fine and imprisonment.
UNANINTTY OF ITS PASSAGE.
This act passed the Senate. after full consid
Grafton. without single vote recorded agains
| it on it's final passage, and by majority O
| more than twO-thirds it was concurred in b
the House of Representatives. The purpose Q
the section quoted was stated in the Senate b
one of its supporters, as follows: Therefore.
hope without getting INTO any controvers
about the past, but acting wisely for the fu
| ture, that we shall take away the idea that til
army can be used by general or special der
uty marshal, or any marshal, me ely for eleC
| ton purposes or posse, ordering them abou
the polls or ordering them anywhere else wher
there is no election going on, to prevent dis
orders or suppress disturbances that should
suppressed by the peace officers of the State, c
if they must bring Others to their al
they should summon unorganlzed citizen
1 and not summon the officers and men of tn
| army as q posse committus to quell disorder
and thus get up feeling which will be
DISASTROUS TO PEACE AMONG THE PEOPLE
| of this country" In the House of Represent
atives the object of the act of 1873 was state
by the gentlemen who had it in charge in sin
liar terms. He said: But these are all mins
points and insignificant compared with th
great principle which was incorporated by th
House in the bill in reference to the use
armed men in peace. The Senate had alread
included what they called and what VIC mig,
accept as a principle. but they had stricke
out the penalty and had stricken out the wor
expressly" so that the army might be use
in all cases where implied authority might
interfered with. The House committee plant
ed themselves firmly upon the doctrine ths
rather than yield this
| FUNDAMENTAL. PRINCIPLE
for which for three years this House has stru,
gled they would allow this bill to fail. MOI
/ withstanding the reforms that we had secure
regarding these reforms, of but little cons,
quence alongside the great principle that th
army of the United States in time of peac
should be under control of Congress and OBJ.
dient to it's laws. After long and protracte