Year: 1879

VETO NUMBER TWO.


THE MILITARY INTERFERENCE BILL.


Washington, May 12-The following is
the message of the president Of the United
States returning to the house Of representa-.
tives the bill, entitled an act to prohibit
military interference at elections:


10 THE HOUSE OF REPRESENTATIVES,
After careful consideration of the bill, en-
titled an act to prohibit military interfer.
ence at elections, / return 1t to the house of
representatives, in which IL originated, with
the following objections to its approval.
Ia communication sent to the house of
representatives on the Goth of last month,
returning to the house without my appro-
val the bill entitled, an act making
appropriations for the support of the army
for the fiscal year ending June 80, 1880,
and for other purposes, endeavored to
show BY quotations from the statutes of the
United States now in force. and by brief
statement Of facts in regard torecent,elections to
in the several states, that no additional leg
lslatlon was necessary to prevent interfer-
ence with elections by the military or naval
forces of the United States. The fact was
presented in that communication that at
the time of the passage of the act of June
18th, 1878, in relation to the
employment of the army as a
posse comitatus, or otherwise, it was main
tanned by its friends, that it would establish
virtual and fundamental principal which
would secure to the people protection
against a standing army. The fact was also
referred to that since the passage of this act,
congressional, state ando municipal elections
have been held throughout the union, and
in no instance has complaint been made OF
the presence Of United States soldiers at
the polls. Holding, as do, the opin.
ion that any military interference
whatever at the polls is contrary to the
spirit of our institutions and would tend to
destroy the freedom Of elections, and sincere
ly desiring to concur with congress in all Of
its measures, it is with very great regret
that am forced to the conclusion that the
bill before me is not only unnecessary to
prevent such interference, but it is danger
GUS departure from long settled and import
ant constitutional principles. The true rule
as to the employment of military force at
elections is not doubtful No intimida,ions
on cosrco.n should be allowed to control or
Influence citizens in the exercise Of their
right, whether it appears in the shape
" SS'Ao'pat'h VI CSil uiSEOScu DCFSOuS
or OF armed bodies of militia of a state. or
ofthe military force of the United States.
Elections should be free from all forcibe
interference, and so far AS practicable form
oil apprehension of,such interference No
soldiers, either Of the nniou or of the state
militia, sheu]d be present at the
polls to maintain peace or
perform the duties of ordinary civil police
force. There have been and will be no
violations of this rule under or during this
administration but there should be no de-
nial Of the right Of the national government
to employ the 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 1t
enacted, &c. That it shall not be lawful to
bring TO or employ at any place where a
general or special election is being held in
a state any part Of the army or navy of the
United States unless such force be necessary
to repel armed enemies Of the United States
or to enfore section four Of article four of the
constitution of the United States and laws
made in persuance thereof, on application Of
the legislature or the executive Of state
where such force is to be used, and 80 much
of all laws as is inconsistant herewith is
hereby repealed.


1t will be observed that the bill exempts
from the general prohibition against the
employment of military force at the polls
two specified cases. These exceptions rec
ognize and concede the soundness of the
principle that military force may properly
and constitutionally be used at place
of an election when such use is
necessary to enforce the constitution
and laws, but the excepted cases leave the
prohibition 80 extensive and for reaching
that its adoption will impair the efficiency Of
the executive department of the govern
ment. The first act authorizing the use of
military power to execute the laws was pass
ed almost as early as the organization Of the
government under the constitution and was
approved by President Washington, May
End, 1892. 1t il ns follows:


Section 2. And be it further enacted,
hat whenever the laws Of the United States
shall be opposed or the excu.
tion thereof obstructed in any
state BY combinations too powerful TO be
suppressed by the ordinary course Of judicial
proceedings, or by powers vested in mar.
shals by this act, the same being ratified to
the president of the United States by an as.
socia,e justice or district Judge, it shall be
lawful for the president of the United States
TO call for the military in such state to sup.
press such combinations, aud to cause the
lava 10 be duly executed, and If the mili,ar,
Of a state, where such combinations may
happen, shall refuse or be insufficient it
supprc-s the samc. il shall be lawful for the
president, II the legislature Of the state b,
not In session, to cat for or employ such
numbers Of the militia OF another state o,
states mos, cnnvcnicn, thereto. A. may b,
ncce-sary. and tho u.c Of the militia 40 to b,
called for may bc continued ill the rxpira
uou Of thirty days after The commencement
Of the ensuing - sion.