Year: 1879

THIS BILL, LIKE THE PREVIOUS ONE, UNCALLED


FOR AND NECEssARY-ELECTIONS SHOULD


BE FREE.


To The House of Representatives.:


After careful consideration of the bill entitled
"An Act to prohibit military interference at cleo
tons" return it to the House of Representatives,
in which it originated, with the following objections
to its approval:


In the communication sent to the House of Rep
resentatives on the Goth Of last month, returning
to the House, without my approval, 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 to recent elections in the several
States that no additional legislation was necessary
to prevent interference with the elections by Inc
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 10
1878. in relation TO the employment OF the
Army as a posse cOmitatus or otherwise, IL was
maintained by it's friends that it would establish
vital and fundamental principle which would secure
TO the people protection against standing army.
The fact was also referred to that, since the passage
If this act Congressional, State and municipal cleo
tions have been held throughout the Union, and
that in no instance has complaint been mace OF the
presence of United States soldiers at the polls.


Holding as do the opinion that any military IN
teriepnce whatever at the polls is contrary 10 the
spirit OF our, institutions, and would tend 70
destroy the freedom of elections, and slncerely
desiring to concur with Congress IN al! OF Es
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 is a dangerous departure from long settled and
important constitutional principles.


The true rule as TO the employment OF military
force AT the elections is not doubtful. No coercion
shoud be allowed 10 control or influence citizens in
the exercise OF their right to vote, whether 1t ap
pears IN the shape OF combination OF eVll-dlsposed
persons, of armed bodies OF tneEmilltia OF State,
or of the military force of the United States. The
elections should be free from all fOrcible nerfer
ence, and, as far as practicable, from oil appre-
hensOn of such interference. No soldiers.
either Of the Union or of the State militia, should
be present at the polls to take the place TO per-
form the duties of the ordinary civil police. There
has been and will be violation of this rule un-
der orders from me'during this admipistraton i{nt
there should be no denial of the right OF the Ma
tlonal Government 10 employ It's military force on
any day and at any place, III case such employment
Is necessary TO enforce the Consultation and laws OF
the United States


THE EXECUTIVE TO BIZ CRIPPLED.


The bill before me is as follows


BE ii enacted etc., That 1t shall not be lawful to
bring TO or employ at any place where general or
special election is being he Id IN state, any part ot
the Army or Navy of the United States,
unless such force be necessary TO repcl the
armed enemies of the United States, or to en-
force Section Article of the Constitution OF the
United States. and the laws made III pursuance
thereof on application OF the Legislature or EXecu
tive of the State where such force is to be used !;
and much of ali laws as is inconsistent herewith
is hereby repealed.


1t will be observed that the bill exempts from the
general prohibition against the employment of mil
itary forces at the polls two specified cases These
exceptions recognize and concede the sOundness of
the principle that military force may properly
and consttutionally be used at the place
of election. when such use is necessary TO en-
force the Constitution and the laws. But the cX-
cepted cases leave the prohibition extensive and
far-reachir that its adoption will seriously impair
the efficiency of the Executive Department of the
Government.


A GREAT PRINCIPLE IL DANGER.


The first act expressly authorizing the use of
military power to execute the laws was passed
almost "a early as the organization Of the Govern
mcnt under the Constitution, and was approved by
President Washington May 2, l1J2. 1t IL as
follows:


SEC. 2-And be II further enacted That whenever
the laws of the United States shall be opposed or
Tie Execution thereof obstructed ia any State By