Year: 1879

WASHINGTON, May l2-The fol-
lowing is the message Of the Presi
dent OF the United States returning
to the House os Representatives the
bill entitled IAN act to prohibit mill
tary interference at elections -


To the House Of Representatives.: :


After a careful consideration of the
bill entitled ian act 10 prohibit mill
tary interference at elections" | re-
turn it TO the House of Representa-
tives, in which it originated, with
The following objections to its ap-
proyal:


Ia the communication sent to the
House Of Representatives on the 29th
oflast month, returning to the House
without my approval the bill entitled
IAN 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 the facts
in regard to recent elections 10 sew
eral States, that no additional legis-
latiou was necessary TO prevent in-
reference with elections by the mill
tary or naval forces of the United
States The fact was presented 10
that communication that at the time
Of the passage of the act of June Is.
1878, 10 relation to the employ yment
of the army as posse comitotas or
otherwise, it Was maintained by its
friends that it would establish o vital
and fundamental principle which
would secure to the people protection
against standing army. The fact
was also referred TO that since the
passage of this act, Congressional,
State and municipal elections were
held throughout the Union, and that
in no instance has complaint been
made Of the presence of United States
soldiers at the polls.


Holding, as do, The opinion 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
sincerely desiring 10 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 unneces sary to
prevent such interference, but is
dangerous departure from long set
tied and important constitutional
principles.


TIE TRUE RULE.


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 in
a1ence citizens in the exercise of their |
right to vote, whether it appears in
the shape Of combinations Of evil
disposed persons or Of armed bodies
Of the military Of a State or of the
military force of the United States
The elections should be free from all
forcible interference, and as far as
practicable from all apprehension Of
such interference No soldiers, either
of the Union or of the State militia.
should he present at the polls, to take
the place or to perform the duties of
the ordinary civil police force There
has been and will be no violations Of
this rule under orders from me during
this administration.


But there should be no denial of
the righ, Of the National Govern
ment to employ its military force, on
any day and at any place. in cass
such employment is necessary to en-
force the Constitution and laws Of the
United States.


The bill before me is as follows:
"Be it enacted, &c, that it shall not
be lawful to bring to or employ at
any place, where general OF special
election is being held in 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 enforce sec
ton four of article four Of the Con-
stilu,ion of the United States and
laws made in pursuance thereof, on
of the Legislature CT Ex-
ecuiive Of the State where such force
is TO be used and SO much OF all laws
ss is inconsistent herewith is hereby



1t will be observed that the bill
exempts from the general prohibition
against the employ nent Of military
forces at the p lie Two specified cases.
These exceptions recognize and con-
cede the soundness of the principle
that military force may properly and
consii'utionslly be used at the place
OF elections, v hen such use is neces-
sary to enforce the Constitution and
laws, bat the exoept a cases leave
the prohibition 60 extensive and Tar
reaching that it's adoption will Sc
riously impair the efficiency of the
Executive Department Of the Govern
ment


WASHINGTON. JEFFERSON Ayp Is-


eoLs's WE'VE


The hrst act expressly authorizing |
The use Of military power to execute
the laws was passed almost as early |
as the organization of the Govern
ment under the Constitution, and was
approved by President Washington
May 2nd. lsa2. It is as follows