Year: 1879

He Wanted an Independent Measure and


Then VetOes 1t.


SEEKING PUERlLE EXCUSES
For Playing Into the Hands of Blaine,


Chandler, and Their Gang.


WASHINGTON, May l2.-The following is the
message of the President returning to the
House of Representatives the bill cntitlcd
''An act to prohibit military interference at
elections:" ...


To the House of Representatives.: After a.
careful consideration of tho bill entitled can
act to prevent military interference at cleo
tions," return it to the House of Represen-
tatives, in which it orig mated, with the follow
ing


OBJECTIONS TO IT'S APPROVAL.


In a communication sent to the House of
Representatives the 29th Of last month. return
ing to the House without my approval the bill
entitled IAN act making appropriations for the
support of the my for the fiscal year ending
June 80, $780," and for other purposes, en-
deavored to show you by quotations from the
statutes of the United States now in force, and
by q brief statement of facts in regard to re-
cent elections in several States that no ad-
ditional legislation necessary to prevent
interference with elections by military or naval
presented in that communication, that at the
time of the passage of the act Of june l8,
1878, in relation to the


EMPLOYMENT OF THE ARMY


as posse comitatus otherwise it was MAIN
tanned by its friends that it would establish
vital and fundamental principle which would
secure to the people protection against the
standing the 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 been made OF the presence of
United States soldiers a. the polls. Holding
as 1 do the opinion that any military inter-
ference whatever at the polls is contrary to the
spirit of our constitution and would tend to
destroy the freedom of elections, and sincerely
desiring to concur with Congress in all of its
measures, 1t is with very great regret that am
forced to the conclusion that the bill before me
Is not only unnecessary to prevent such inter-
ference but is dangerous departure from loRg
settled and important constitutional principles.
The true rule as to the employment of military
force at elections is not doubtful. No


INTIMIDATION OR COERCION


should be allowed to control or influence citi-





whether it appears in the shape of combina-
tions OF evil disposed persons, or of armed
bodies of a militia OF State, or the military
force Of the United States. The election should
be free from all forcible 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 of or to perform
the duties of an ordinary civil police force,
ms hoe an6 will no nIat;I r
rule under orders from INC during this admin
istration, but there should be no denial Of the
right of the national government to employ its
military force on any day and at any place
such employment ia necessary to enforce the
constitution and laws


OF TIE UNITED STATES.


The bill before me is as follows:
Be it enacted, etc, that it shall not be lawful to
bring or employ at any place where general or spe-
cial election is being held i'll State any part the
army navy of the United States, unless such force
be necessary to repe armed enemies of the United
Staes or to enforce section 4, article A. of the
stitution of the United Staes and laws made p,,l-
suance thereof, on application of the Legislature
or executive of the State where such force is to be
used and much of all laws us is inconsistent there
with is hereby repealed.


1t will be observed that the bill cxcmpts
from the general prohibition against the en-
ployment of military force two specified cases.
These exceptions recognize and cnncede the
soundness of the principle that the military
force may properly and constitntionally be
used at places of elections when such use is
necessary to enforce the constitution and laws
but the excepted cases leave the prohibition so
extensive and far-reaching that it's adoption
will seriously impair the efficiency of the ex-
ecutive department OF the government. The
first act expressly


AUTHORIZING THE USE OF THE MILITARY POWER
to execute the laws passed almost as early as
ha of fI,o &Io
constitution, and was approved by President
Washington May 3D. 1892. 1t is as follows:


Section 2. And be it further enacted, that when
the laws of the United States shall be opposed
or the execution thereof obstructed in any State by
ordinary course of judicial proceedings and by the
powers vested in marshals by this act the same be-
ing certified to the President Of the United States
by an associate justice district judge it shall be
lawful for the President to call te militia of such
State to suppress such combination and to cause
the laws to be duly oxecuted and if the militia of
the State where such combination may happen shall
refuse or be insufficient to suppress the same


IT SHALL BE LAWFUL FOR THE PRESIDENT
if the legislature of the United States ,e not in ses
sion to call forth aud employ such members of mil
itia of any other State or States most convenien
thereto may bo necessary, and the use of militia
so to be called forth may be continued if necessar,
until the expiration of thirty days after tho com
mencement of the ensuing session.


In tho year 1895, this provision was sub
stantially rc-enactcd in law which sub
stantially repealed the act of 1892. In 1SO'
the following act became the law by the ap
proval of President Jefferson:


That in all cases of insnrrection obstructio,
to the laws of the United States, of any individual
State or Territory, where it lawful for the Presi
dent OF the United States to call forth the militia fc
the purpose of suppressing such insurrecion, or O
causing the laws to be duly executed, it shall b
lawful for him to employ for tho same purpose
such part of the land or naval force of the Unite
States shall be judged necessary, having first OF
served all the prerequisites of the law in that re
spect. ,-.,ff rsss


By this act it will be seen that the scope o
the law of l795 was extended SO as to author
ize the national government to


USE NOT ONLY THE MILITIA BUT THE ARMY AN
of tho United States in causing the laws to t
duly executed. The important provisions &
the acts of 1902, 1895 and 1907, modified in ii
terms from time to time to adapt it to existit.
emergencies, remained in force until by an u.
approved by President Lincoln, July 23 1856
it was rc-enacted substantially in the san,
language in which it is now found in the re
vised statutes, viz: sii'.r


Section 1888. Whenever, by reason of unlawf,
distractions, combinations assemblages of pers or
in rebellion against the authority of the governmsr
of the United States it shall become impractcable
the Judgment of the President to enforce by the o
binary course of judicial proceedings the laws of Il
United States within such State or Territory, it sh;
be lawful for the President to call forth the militia
any or all the States and to employ such parts of IL
land and naval forces of the United States as he m;


Al 20