Year: 1879

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PRESIDENTS MESSAGE.


Full Text Of His Objections to Signing thu


Bih to Prevent Military Interference N


Elections.


The following istlle message Of the Presi
dent returning to the House Of Representa-
ti,es the bill entitled: "An act. to prohibit
military interference ut elections"


10 the House Of Representatives.: After :
careful consideration Of the bill entitled "al
act to prevent military interference ut eicc'
tions," return it to the House Of tepreSc,.
tatlves. in which it originated, with the follow
ing objections to its approval


Representatives the both Of last month, return
ing to the house without my approval the bill
entitled "an act making appropriations for tht
support Of the army for the fiscal year ending
June ~, lSSO" and for other purposes, [ eli
deavored to show you by quotations from the
statutes of the United States now in force and
by brief statement of facts in regard tG
recent elections in several States that no nd
dltlonal legislation was necessary to prevent


interference with elections by military ol
naval forces OF the United States, The fact
was presented in that communication
that ut the time OF the passage OF
the act Of June 1878 in relation to the
employment Of the army rs u posse comilat.ls
or otherwise, it was maintained by its friends
that it 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 by Congress-. State and municipal
elections have been held throughout the Union
and that in no instance has complaint bce,
made of the presence OF United States soldiers
at the polls. Holding as do the opinion that
any military interference whatever ut the polls
is contrary to the spirit of our constitution and
would tend to destroy the freedom OF elections
ana sincerely desiring to concur with Con
grcss Ill all OF lis measures, it is with very
great regret that am forced to the conclusion
that the bill before me is not only necessary tu
prevent sucir interference but is a 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
Intimidation or cOercio.. should be allowed to
control or influence citizens in the exercise of
their rights to vote, whether it appears in the
shape Of combinations Of evil disposed per-
sons, or Of armed bodies Ola maltia of IL State,
or the military force Of the United States.
The election should be free from all furciblc
interference, and as far as practicable from all
apprehension of such interference. No soldier,
either Of the Union or Of the State Militia.
should be present at the polls to take the
place or perform the duties Of an ordinary civ
il police force. There has been and will 6c no
violation OF this rule nnlcr orders from me
during this administration, but there should
be no denial of the right OF the national gov
ernmcnt to employ lis military force on any
day and at any place such employment is nee
cssary to enforce the constitution and laws
of the United States The hill before me is as
follows: "Bc it enacted, etc, that it shall not
be lawful to bring or employ ut any place
where general or special election is being
Of the uutcd States, unless such force b. nee
essary to repcl armed enemies Of the United
States or to enforce section 1, article /, of the
constitution Of the United States and laws
made in pursuance thereof, on application Of
the legislature or executive Of the State where
such force is to he used, and much of all laws
AS is Inconsistent Herewith is hereby repealed"
1t will bc observed that the bill cxcmpts from
the general prohibition against the employ
mcnt Of military force two specified eases
These exceptions recognize and conccde the
soundncss of the principle that the military
force may property and cunslitutionaliy bc
used ut places Of elections when such use is
necessary to enforce the constitution and laws
but the excepted cases leave the prohibition
adoption viii seriously impair the
efficiency Of the executive department of
the government The first act expressly
authorizing the use of the military power To
execute the laws passed almost as early as the
organization of the government under the
constitution, and was approved by President
Washington May I'd, l7!,5. 1t is as follows:


Section :. And be it further enacted, that
whenever the laws Of the United States shall
be opposed or the execution thereof OBJ
structed in amy State by Il combination too
powerful to he suppressed hy the ordinary
course OF judicial proceedings and b, the
powers vested in marshas hy this act the
same hcing certified to the President of the
Cutcd States by an associate justice or district
judge, it shall bc lawful for the President 10
call the militia Of such State to suppress such
combination and to cause the laws to he duly
executed; and if the militia Of the State where
such combination may happen shall refuse or
bc insufficient to suppress the same,
it shall be lawful for the President il the
Legislature Of the United States be not in ses-
sion to call forth and employ such members Of
militin of any other State or States most con-
venicnt thereto as may be necessary, and the
use OF militia so to be called forth may bc CON
tinucl it necessary until the expiration IF
thirty days after the commencement of the
ensuing session.


in the year 1885, this provision was S,,I'stan-
TALLY rc-enactcd in Il law which substantially
repealed the act Of IT'D. In 1907 the following
~ >'hiS t'iI i.@" ~ l'C AppIOfui vi IIcSluttll
Jeffcrson:


That in all cases of insurrection or o}Etruc-
ton to the laws of the United States or of
any individual State or Territory, where it was
lawful for the President Of the United States
to call forth the militia for the purpose Of sup
pressing such insurrcction, or Of causing tic
laws to 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 rs shall 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
duly executed. The important provisions Of
the acts of 1892 l795 and 1907, modified in its
terms from time to time TO adapt it to existing
emergencies, remained in force until by an act
approved by President Lincoln, July q, 1863
it was rc-enacted substantially in the same
language in which it is now found in the re-
visGd statutes, viz;


Section 2ss55:B. Whenever, by reason of un-
lawful distractions, combinations or assem-
blages of persons in rebellion against the
authority OF the government of the United
States it'll shall become impracticabc in the
judgment of the President to enforce by the
ordinary course Of judicial proceedings the
laws OF the United States within such State or
Territory, it shall be lawful for the President
to call forth the miitia of any or all the States
and to employ such parts of the land and
naval forces of the United States us he may
deem necessary to enforce the faithful cxcc,i-
ton of the laws Of the United States, as to sup
press such rebellion in whatever State or Ter
rlt"ry thereof the laws of the United States
may be forcibly opposed or the execution
thereof forclbly Obstr,lctcd.


enN,t f,,,,
has been in force from the foundation of the
government, it is now proposed to abro.
gate on certain days and at certain place. In
my judgement no fact has hecn produced
which tends to show that it ought to be re.
pealed or suspended for q single hour, at any
place in any Of the States and Territories o1
the Union.


All the teachinga OF cXnprienca In fhn co,1rsl