Rensselaer Union, Volume 11, Number 34, Rensselaer, Jasper County, 8 May 1879 — THE PRESIDENT’S MESSAGE. [ARTICLE]

THE PRESIDENT’S MESSAGE.

President llayee Vetoes the' Army Appropriation Bill—Mis Measojas Tlisiefor. \ ' Was iinotoh, April 211. The following is the message of the President of the United States on returning to the House of Representatives the biff entitled “An act making appropriations for the support of the army lor the liscal year ending June 30, 1880, and for other purposes:” To the House olßepresentatives: I have maturely considered the Important question! presented by the bill entitled "An act inokluu appropriations lor the aup)>ort of the army for tllb fiscal rear eliding JuneUO. IKHO, and tor other purposes/' and i now return It to thu llousu of ItcpreaeutaUvos, in which it originated, with my objections to its approval. The bill provides in the usual form for tho apJiroiiTlalloLis required for tho support of the army luring the next liscal year. If it contatnod no other provisions It would rocolvo my prompt approval. It Includes, however, further legislation which, attached as it is to appropriations which are requisite fqr the efficient performance of some of the moat necessary duties of the Government, Involves questions of tho gravest cliuractcr. The sixth section of the bill Is amendatory of n statute now in force In regard to tho authority of. persons in the civil, niilitury and naval service of tho United States at tho place where any geueral or special election ie held in any Stale. This statute was adopted Feb. 25. 1805, alter a protracted debate’lu The Senate, and almost, without opposition In the House of UepieseutfitlVea, by the concurrent votes of both of ihe leading political parties of tho country, and became law by the approval of I'riMklent Lincoln. “ Sxo. 5528. Every officer of the army or nuvy, or other person In the eivll, military or naval servlco of.thc Unßed States, who orders, brings, keeps ur has under bis authority or control nuy troops or armed men at any place where a general or special election Is held (n any State, unless such force bo necessary to repel armed enemies of the United States, or to keep peace at the polls, shall be lined not more than $5,000 and sutler imprisonment at hard labor not leas than three mouths nor mere than live years/' was re-enacted in 1874, in the Revised Statutes of the United Statee. “Sxc. 2002. No military or nnval officer or other person engaged in the civil, military or naval service of the United Btutes r-liall order, bring, keep or have under his authority or control any troops or armed men at the place'where any general or sped selection la held In any State, unless it be necessity to repel armed enemies of the United States. The amendment proposed to this atatnto in tho blip before mo omits from both of the foregoing ■ectiona the Words “or to keep the peace at the polls.'' . The effect of the adoption of this amendment may be considered—first, npon thu right us the United States Uovcrnment to use military force to keep peaco at elections for members of Congress; and, second, upon Die right of tbo Government by civil authority to protect these elections from violence and fraud. In addition to the sections of the statute above quoted, the following provisions ol the law rclntiug to (he use ot the military power at elections are how in force: “Sxc. 2002. No officer of the army or navy of the United States shall prescribe, or fix, or at. tympt to prescribe or tlx, by proclamation, older, or otnerwfse,the qualifications or voters in any State; or in any manner interfere with ths freedom of any election, in any Slate, or with the exercise of the free rights of suffrage in any Slate.” “Sac. 5610- Every officer or other person in ..the military or naval service, who by force, threat, Tutlffildutibn, order, advice or otherwise, prevents, or attempts to prevent, any qualified voter of any State Iruiu freely exercising tbo right of sullrnge a} auy geocrul or special electiou lu such Stule shall be fined not more than $5,000, and imprisoned at hard labor nut more than live years.” - “ Sxc. 55'iO- Every officer of the army or navy who pre.-cribes, orfixes, or attempts to prescribe or Jlx, whether by proclamation, order or otherwise, the qualifications of voters at any cleytionyln fcny State, shall be punished as provided in the preceding section.” “ 8xc,6581. Every officer or other person In the military or naval service, who, by force, threat, intimidation, or otherwise, compels, or attempts to compel, auy officer holding an election iu'any State to receive the vbte from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting auy general urtpeclal election in any Slate different from those prescribed by law, or who interferes in any manner with auy officer of election in the discharge of his duty, shall be punished as prescribed in Section 5229. •"faeJpaua. Every person convicted of any of (the QfVeWt-n specified in the live preceding seetian shall, In a id tibu to tho punishments therein severally prescribed, be disqualified from bolding ' anWiilHce of honor, profit or irust under tl)e Uni ed States;,but nothing in those sections shall bo couBtrued lo prevent auy officer, soldier, sailor or marine from exerosinfc life right of suffrage in any clectispf jliatrh rtd which he may belong, if otherwise qualified according to tho laws of tho Slate in which he offers to vote." The foregoing enactments would seem to be sufficient to prevent military interference with elections; but’the lust C ngross, to remove all apprehension of such interference, added to this l>ody of iUo law See- 15 of tho act, entitled “An act making an appropriation for the support of the army ffir tfiu decal year ending June 80,1870, end for otKer purposes,” approved June 18,1878, Which' la as f6flows: “ Bxo. 15, From and after the passage of this act, it ehal) pot be lawful to employ any part of the Afthy.of j the Pnßed States as a posit comitutus, or otherwise, for the purpose of executing the la»fi,.except in such cases, and under suen circumstances, aa such employment of said force may be oxpreasly authorized by Ibe Constitution, or by ihe act of Congress, ami no monoy appro-priated-b* this aot shall be used to pay any ol the expenses lilcurrad in the employment of any troops iUiviolation of this section; and any person willfully violating tho provisions of this section shall be deemed guilty of a misdemeanor, and, upon donviction thereof, shall b%j>anished by fine put exceeding $10001), or imprisonment not excqewnfe two years, or both such flue aud imprisoutnetat." This bs9 passed the Sonate, after (nil consideration, without a single vote recorded agntnst It on its final passage, and by a majority of more tliun two-thirds it wus concurred In by the llousu of Representatives. The purpoee oi the lection quoted was stated in the Senate .by one of its supporters as follows: “Therefore, 1 hope, without getting Into any controversy about the past, but acting wisely for the future, that we shall take away the Idea that the army can he used by a General or Special Deputy Marshal, or any Marshal, merely for election purposes, or a posse ordering them about the polls, or ordering them anywhere else where there is no election going on, to prevent disorders or suppress disturbances that should be suppressed by the peace officer* of the State, or, if they must bring others to their aid, they should summon unauthorized citlxenssnd not summon the officers asd men of the army as a posss c omit at us to quell disorders, and thus get up a fueling which will he disastrous to the peace among people of thu couutry.” in the House of Representatives, the object of the net of 1878 was stated by the gentleman who had it lu charge in similar terms. He said; “ But these are sul minor polnta, and insignificant psitnta compared with the great principle which was incorporated by the House in the bill in reference to the use of armed men in pence. The Senate bad already included what they called, and'Wßat- we might accept, aa a principle, but they had stricken out the penalty and had stricken out tho word ‘ expressly/ so that tho army might be used in all cases where implied authority might be interfered with. The-House committee planted themselves firmly upon the doctrine that, rather than yield this fundamental principle, for which for three years this House hud struggled, they would allow the bill to fail, notwithstanding the reforms that we bad seemed, regarding these reforms of but little consequence alongside of the groat principle that tho army of the United States in time of peace should be under the control of Congress and obedient to its laws. After a long and protracted negotiation, the Senate Committee has conceded that principle lu all its length aitd breadth, including the penalty which the Senate had stricken out. We bring you back, therefore, areport—a report with the alteiationofa single word which lawyers assure me is proper to be made, restoring to this bill the principle for which we have contended so long, aud which is so vital to secure the rights and liberties of the people. Thus have we thu day sucured to the people of this country tho same great protection agaiust a standing army which coßt the struggle us two hundred years for tho Commons of England to secure for the British people.” From this brief review of the subject, it sufficiently appears that under the existing laws there can be no military interference with elections. No case of such interference has, in fact, occurred sines the passage of the act last referred to. No officer of the United States has appeared under orders at any place of election In any Stale. No complffint even of the presence of Untied States troops has been made In any qnarter. It may therefore bo confidently stated that there is no necessity for the enactment of Sue. (I of tho bill before me to prevent military interiorprtve the civil authorities of the UnSlodSmui^S IsrsiawutfirtawSs «vauMsh.“ss- jwHLwS the whole country Each State-every polui! cal narty-U entitled to a share of the mJwcr which is conferred by legal and Constim' tlonah suffrage. It lathi right ofeveryctiG.o possessing the necessarv qualifications prescribed by ,aw td cast one nnlntimidated ballot, and to have his ballot honestly countod. So long as the exercise of this power and the enjoyment of this right are common and equal, practically as well as lormslly, submission to suffrage will be accorded loyally and cheerfullr, and the Departments of the Government will feel the true vigoi of tho popular w lUhus expressed. Two provisioned-fire Xhmstlqftop authorize leglslatloo hy Congress for the rcgul#y.flnA)fCaugcra»kMibl-atouUooae ■ B*c. 4of Art, I. of the Constitution declares: “The times, places and number of holding elections for Senators and Representatives shall lie pieecribed in each State, by the Legislature thcreef; but Congress may, at any time, by law, make

or alter such regulations, exijept se to the places it choosing Senators.’’ Too Irflteenlh Amendment to the Constitution Is a> fellows: “Bsc. 1. The right off citizens of the United -States to vote shall not be denied or abridged by tho United Slatea, or by any State, on account of race, color or previous condition of servitude. “Sec. 2. Ihe Congress shall have power toed three ibis article by appropriate legislation.” Tho Supreme Court has held that Ihla amendment Invcata citizens of tho United Stales with n new Constitutional right, which la within the protecting power of Congress. That right the Court declares to lie the exemption from discrimination hi Ihe oxorclso of the elective frauclftse ou accouul of raco, color or previous condUtou of servitude. The power of Congress to protect this right by appropriate legislation, expressly affirmed by Ihu Court, and to provide lafefiaurda fur free and holiest elections, Is necessary, aa expurleuce hue -shown, not only to secure thu right to vote to the enfranchised face at the South, but alaotoprevent fraudulent voting in tho lurge cillca of the North. Cougrosa ban, therefore, exercised tho power conferred by ihu Constitution, aud has enacted curtain luwa to prevent tllsurimhialiou on account of ruce, color or previous condition of servitude, end to punish fraud, violence und intimidation at Federal elections. * A ttent toil is called to the following suctions of the Revised Statutes of tho United Slutes, viz: Sec. 21A14. which guarantees all citizens the right to vote without distinction ou account ol' race, color or previous condition of servitude; Secs. 2005 uud 2000, which guarantee to all dll-, sens uu equal opportuplly, without discrimination, to perform all thu acts required by law us a prerequisite or qualification for voting; Sec. 2022, which authorizes thu United Stales Marshal and his • Deputies to keep peace and preservo order at Federal elections; Sec. 2024, Which authorizes the United Stales Mursuul und his Deputies to summon u posse comitutus whenever they, or any of them, uro forcibly resisted in the execution of their duties under the luw, ami aie prevented from executing their duties by violence. Sec. 5522, which provides for thu punishment of the crime of iuturluriug with Supervisors of Election and Deputy Marshals lu thu discharge of their duties at elections of Representatives in Congress. These any some of thu laws on this subject, which it is the duty of tiie Executive Department of the Government to enforce. The intent aud effect ot the sixth section of this bill is to prohibit ail civil officers of the United Stales, under a penally of line aud liuprlsoumuiil, fronzeaiploying any adequate civil force for fuiß purpose at the place where their enforcement is most necessary, namely: At places where Congressional elections are field. Among the most valuable enactments to which 1 have referred are those wbicii protect the Supervisors of Federal elections, in the discharge of thsdr duties at the polls. If the pending legislation should become a law, there is no power vesled in any officer of the Government to protect from violence the officers of the United States engaged in the discharge of their duties. Their rights uud duties under the law will remain, but the Nutioiml Government will be powerless to enforce its own statutes. The States may employ both military ahd civil power to keep the peace and to enforce the law s at State elections. Uis now proposed to deny to the United Stales even the necessary civil authority to protect National elections. No sufficient reason has been given for this discrimination in favor of a Slate and against National authority. If well-founded objections exist against the present National Election laws, all good citizens should unite in their amendment. Laws providing safeguards of elections should be impartial, just uud efficient. They should, if possible, he so non-partisan aud fair in their operation that the minoiity parly out of power will have no just grounds to complain. The present laws have in practice unquestionably conduced to the prevention ol fr aud uud violence at elections- In several of the States members of different political parties have applied l'or the safeguards which they furnish. It is ilia right and duty of tho National Governmentto enact aud enforce tho laws which will secure freu and fair Cougiessionul elections. 'The laws uow in force should not be repealed except in connection with the enactment of measures which will better accomplish that itnporlautnud. 'Relieving tlioTßec. tTof thu bill before me will wc-akcu, if it does not altogether take uu ay, the power of the National Government to protect Federal elections by the civil authorities, I um forced lu thu conclusion Hist it ought nut to receive my approval. That section is, however, not presented to me as a separate aud independent measure, but is, as has keen staled, attacked to the hill making the usual annual appropriations for the support of the urmy. It wukuß a vital chunge in the Election luw of the country, which is in no way connected with the use of the army. It prohibits, under heavy penalties, any person engaged in the Civil Service of the United Stales from having any force at the place of auy electiou prepared to preserve order, to make arrests, to keep the peace, or in auy manner to enforce the laws. This is altogether foreign to the purpose of an Army Appropriation bill. The practice of tacking to the Army Appropriation bills measure* not pertinent to such bills did not prevail until more tbun forty years after the odopiiou of Ihe Constitution. It lias become the common practice. All parties, when in power, have adopted it. Many abuses, and a great waate of public money, have in this way crept into Appropriation bills. The public opinion of the country is agulust it. The Slates which have recently adopted Constitutions have gene:ally provided a remedy lor the evil by enacting that uo, law shall contain more than one subject, which shall be plainly cxprcßeed in its title. The Constitutions of more than half of the Slates contain substantially this provision. The public wellarc will be promoted In many ways by a return to tho early practice of the Government and to the true principle ol legislation, which requires that every measure shall stand or fall uccoruing to its own merits, if it were understood that to attach to an Appropriation bill a measure irrelevant to the general object of the bill would imperil and probably prevent its final passago and approval, a valuable reform in the parliamentary practice of Congress would be accomplished. The beat justification that has been offered for attaching irrelevant ridera to Appropriation bills is that it is done for convenience s sake, tofecUitate the passage of measures which are deemed expedient by all branchee of the Government which participate in the legislation. . ”—i It canuot bo claimed that there is any such reason for attaching this amendment of the Election law to the Army Appropriation bill. The history of the measure contradicts this assumption. A majority of the llousu of Representatives in the lust Congress was in favor of this section of this bill. It was known that a majority of tho Benutc was opposed lo it, and that ae u separate measure it could not be adopted. It was attached to thu Army Appropriation bill to compel tho Semite to assent to It. it was plainly announced to the Senaie that the Army Appropriation bill would not be allowed to puss unless the proposed amendments of the Election laws were adopted w ith It. Thu Senate refused to assent to the bill on account of this irrelevant suction. Congress thereupon adjourned without passing thu Appropriation bill for the army, arid the proseut extra session of tho Fortysixth Congress became necessary to carry ou the Government, *. • ' The ground npon which tho action of the House of Representatives is defended has been distinctly stateu by many of its advocates. A week before the cloee of the last session of Congress tho doctrine in question was stated by one of Its ablest defenders os follows: “It is our duty to repeal these; it is not worth while ter attempt to repeal except upon uu Appropriation bill. The Republican Senate would uot agree to, nor the Republican President sign, the bill for such repeal. Whatever objection to lcgia-b latiou upon Appropriation hills may be made In an ordinary case, docs not apply where free elections and the liberty of citizens are concerned. We have the power to vote the money. Let us annex conditions to it and insist upon a redress of the grievance.” By auother distinguished member of the House it was said: “ Thu right of the Representatives of tho peoplo to withhold supplies is as old as English liberty. History records numerous inslaucus where the Commons, feeling that the people were oppressed by a law that thu Lord* would uot consent to repeal by,the ordinary methods of legislation, obtained redress at last by refusing appropriations unless accompanied by relief measures. 1 “The Senate represents States. We represent tho tax payers of ute Republic. We, therolore, by the very terms Of the Constitution, are charged with the duty of originating (he hills which graut the money of the people. Wo claim the right which the House of Commons in England established after two centuries of contest, to say that we will not grant the money of the people unless there is a redress of grievances.” That question us gravest magnitude, and now In this country, was raised bv this course of proceeding, and wus fully recogni/.cd also by its defenders in the Senate. It was said by a distinguished Senator: ' “ Perhaps no greater question, in the form in which we ore brought to consider it, was ever considered by on American Congress, in time of peace, for it Involves not only the merits and demerits of laws which tho House bill proposes to repeal, bat Involves the rights, the privileges, the powers, tho duties, of the two brauches of Congress and of the President or the United Slates.” Upon the assembling of this Congress in purauanceof the call for inn extra session, which was made necessary by the failure of the Forty-fifth Congress to make the needful appropriation .for the support of the Government, the question was presented whether the attempt made in the laat Congress to engraft, by construction, a new principle upon the Coustitutlou should be persisted in or not. This Congress has ample opportunity and tlmo to pass the Appropriation bill aud also to enact any political measures which may.'be detertnliurWtroßlcriy metffoda 1 nf n hy tho tho last L’ongreas hv the m*Jon7y' l in Representatives. That principle it that tho House of Representatives hoe the sole right to originate bills for Ihe raising of revenue, and, therefore, has the right to withhold the appropriations npon which tire exlstenco of the Government may depend unless the Senate and l’resldent shall give their assent to any legislation which the Uonao may see fit to attach to Appropriation bllla. To establish tbia principle is to mako a radical, dangerous and unconstitutional change In the character of our institutions: The various Departments of tno Government r?.n.in r^ y *“ d ? avy aro established by the ttoSSf*W’iJI 1 // 111 ** P“»«l *“ pursuance ’ ■ “ Ud U,uir & « mi™ win *>'"«*■ the collection of ta.xi.B will go 'Tho public money will accunmate In the Treasury, ft w„ „„ t tfo toLmion of the framers of the Constitution that any single

| branch of the Government should have poworio dictate the conditions upon which this treasure should be applied to the purposes fer which It was collected. Any such intention, If It had been entertained, would have been plainly expressed In the Constitution. That a majority of the Senate now concurs In thu claim of the House adds to the gravity of thu ntustion, but does net alter the eueetlon at laiue. Tbo uow doctrine, if maintained, will result in a consolidation of unchecked and despotic power In tho JJooao of Representatives. -A bare majority of the House will become the Government. The Executive will no ldtigei lie wliul the framora of Ihe Constitution intended, an equal and independent branch or the Government. It le clearly the Constitutional duty of the Prcslduut to oxorclse his discretion and Judgment npon all, bills presented to him, without constraint or duress from any other branch ol the Government. To say that a majority of either or both bousea of Congress may insist on the approval of a bill, under the penally of stopping all of the operations of the. Government, for want of tho necessary supplies, is to deny to tho Executive that share of the legislative power which is plainly conferred by the second section of the seventh article of thu Constitution. it, strikes from the Constitution the qualified negative of the I’rcsldcut. It is said that this should be done because It Is the peculiar function of the House of Representatives to represent the will of tho people; hut no single branch or Department of the Government baa exclusive authority to apeak for thu American people. The most authentic and solemn expression of their will is contained in the Constitution of the United States. By that Cdnsillutlon they have ordained and established a Government whose powers are distributed among co-ordinate branches, which, as far as possible, consistently with u Innmonlons co-opera-tion, are absolutely independent of each other. The people of the country are unwilling to seotlie supremacy of the Consilintion replaced by the omnipotence of auy Depnrtmenl of the Government. The enactment of this bill into a law will establish a precedent which will tend to destroy tho equal independence of thu several branches of the Uovcrnmenu Ala principle places not merely thu Senate and Executive, but the Judiciary also, under the coercive dictation of thu House. The House alone will be thu judge of what constitutes a grievance, and also of the means and measures of redress. An “act of Congress to elections is now the grievance complained of, but the House may, or. the same principle, determine that any other act or Congress—a treaty made by the President, with the advice and consent of the Senate—a nomination or appointment to office, or a decision or opinion of the Supreme Court—is a grievance, and that a measure of redress is to withhold appropriations required for the support of the offending branch of the Government. Believing that this bill is a dangerous violation of thu spirit and meaning of Uie Constitution, I am compelled to return it to the house in which it originated without tny approval. The qualified negative with which the Constitution invests the President is a trust that involves a duty which I cannot decline lo perform, with a firm ana conscientious purpose to do whnt I can to preserve, unimpaired, the Constitutional powers aud equal independence, not merely of the Executive, bat of evciy branch of the Government, which will be imperiled by an adoption of tho principle “of this bill. I desire earnestly to urge npon the llouso of Representatives a return to the wise and wholesome usage of the earlier days of the Republic, which excluded from Appropriation bills all irrelevant legislation. By this course you will luaugmale an important reform in tho method of Congressional legislation. Your action will be in harmony with the fundamental principles of the Constitution and the patriotic sentiment of Nationality, which is their firm support; and yon will restore to tho country that feeling of confidence, and security, and repose which are so essential to the prosperity of all our fellow-citizens. (Signed) Rutherford B. Hates.