Rensselaer Union, Volume 11, Number 36, Rensselaer, Jasper County, 22 May 1879 — ANOTHER VETO MESSAGE. [ARTICLE]

ANOTHER VETO MESSAGE.

President Hayes Returns to the House, Without Ills Approval the Bill to Prohibit the Presenco or military at Placea of Election, WAtmxcrrox, Ifnjr 12. The following is tho messago of the President of the United States, returning to the House of Representatives tho bill entitled “An Act to Prohibit Military Interference at Elections:” To tUo House of Ucproaeutatlvcs: Allot u careful consideration of tho bill entltiod “ Au act to Prohibit Military luterloronce ut Elections," I return It to the House of Representatives, In which It originated, with tho following objections to Us approval: In a communication sent to tbo House of Representatives, on tho 211th of last month, returning to the House without my upproval the bill ontltlad"An Act Making Appropriations for the Support of the Army for the Flacal Year Ending Jnuo .'lO, 1880, and for Other Purposes," I endeavored to show, by quotations from tho statutes of tho United Slates now In forec, and by a brief statement of fads In regard to tku recent elections In several States, that no additional legislation was uecossary to prevent Interference with elections by tho 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 18,1878, In relation to tho employment of the army ns a poise comllatus. or olherwlso.lt was matntaluetf by its friends that It would establish a vital and fundamental principle which would secure to the people protection ngalnst a standing army. The fact was also referred to that, slnoo the passage of Utis act. Congressional, Slate and municipal elections had been held throughout the UtiloD, and that in no lustance has complaint been made of the presence of United States soldiers at the. polls. Holding, as I do, the opinion that any military interference whatever at (he polls is contrary to the spirit of our institutions, and would tend to destroy thefreedom of elections, and sincerely desiring to coucnr with Congress in all of its measures, It is with vory great regret that I 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 ns to tho employment of military forces at elections is not doubtful. No intimidation or coercion should bo allowed to control or Influence citizens in the exercise ol their right to vote, whethor it appearp in the shape of combinations of evil-disposed persons, or of armed bodies of militia of a State, or of tho military force of the United States.

The elections should he free from all forcible Interference, and, ns far as practicable, from all apprehension of such interference. No soldiers, either of the Union or of the State militia, should be present at the polls to take the place or.to perform the duties of an ordinary civil police force. There has been and will be no violation of this rnle under the orders from me during this Administration. Bat there should be no denial of the right of the National Government, to employ its military force on any day at any place In case such employment is necessary to enforce tho Constitution nnd laws of the United States. The bill before me is as follows: “Me it enacted, etc.. 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 sucli force be necessary to repel armed enemies of the United States, or to enforce Sec. Art. 4 of the Constitution of the United Slates, and the laws made in pursuance thereof, on the application of the Legislature or the Executive of the Slate where such force is to be ufccd; nnd so much of all laws as is inconsistent herewith is hereby repealed." It will bo observed that the bill exempts from the general prohibition against the employment of a military force at the polls two specified "cases. These exceptions recognize and concedo the soundness of the principle that military forces may properly nnd Constitutionally be need at places of election when such use is necessary to enforce the Constitution and laws. But the excepted cases leave a prohibition so extensive and farrcachlng that its adoption will seriously impair tho efficiency of the Executive Department of the Government. The first act expressly authorizing the use of military power to execute the laws was passed almost as early as the organization of tho Government under the Constitution, and was approved by President Washington, May 2, 1792. it is as follows; “ Sec. 2- And be it further enacted that, whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any State, by combiustfioua too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by this act, the same being certified to the President of the United States by an Associate Justice or District Judge, it shall be lawful for the President of the United States to call for the militia of such Slates to suppress such combinations and to cause the laws to be duly executed; nnd if the militia of a Stale where such combinations 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 be not in sea siou, to call forth and employ such numbers of the militia of any other Slate or Slates most convenient thereto as may be necessary; nnd the use of Hie militia so to be called foi jli" may tie continued, if necessary, until the expiration ofthiily days after the commencement of the ensuing session." In 1795 this proviaiou wns substantially rc-eu-acted in a law which repealed ihe act of 17t*2. In 1807 the following act became the law, by the approval of President Jeflcrsou: “That in all cases of Insurrection or obstruction to the laws, either of the United States or of any individual State or Territory where it is lawful for the President of the United" Stales to call forth the militia for the purpose ot suppressing such insurrection, or of causing the laws to-be duly executed, it shall be lawful for him to employ for the same Kse. such part of the land or naval force of the 1 States as shall be jndged necissary, having first observed all tho prerequisites of the law iu that respect." By this act it will be seen that the scope of the law of 1795 wns extended so as to authorize the National Government to use, not only the militia, but the army and navy of the United States, in causing the laws to bo duly executed. Tile important provision of the acts of 1792,' 1795 and 1807. modified In Its terms from time to time, to adapt it to the existing emergency, remained in force until by nn act approved by President Lincoln, July 29, 18(11, it was re enacted substantially in the mine language iu which it Is now found In the Revised Statute's, viz.: ‘'Skc.,£2Uß. Whenever, by reason of unlawful obstructions, Combinations, or ass imblaees of persons, or rebellion against tho authority of the Government of the United States it shall become -impracticable, in the. judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States, within any State or Territory, it shall be lawful lor the President to call,forth the militia of any or ail the States, and to employ shell parts of (lie land nnd naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of iho Untied Stales, or to suppress such rebellion, in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or tho execution thereof forcibly obstructed." This ancient and fundamental law has been In force from the foundation of the Govi rnment. It is now proposed to abrogate it on certain days, and a’t certain places. In my judgment, no fact lias been produced which tends to show that it ought to be repealed or suspended for a single hour at any place in any of the Biatcs or Territories of the Union. Al! Hie teachings of experience In tiie course of OnrhiStory wre ttHavof-ef- *tt*taiitta#-Ks eAkdaney unimpaired on overv occasion when the supremacy of the Constitution lias been resisted, and Hie perpetuity of our Institutions impel lied. Tlijy principle of this statute euacti d by the fathers lias enabled the Government of the Union to maintain Its authority and to preserve the Integrity of tho Nation at the most critical periods In ourhiatory. My predecessors iu tho Executive Office have relied on tills groat ..principle. It wns on tide principle that President Washington suppressed the..whisky rebellion in Peuusylvania,tn 1794- In'lßoß, on the same principle, President Jefferson broke up the Burr conspiracy by issuing orders for the employment of such force, cither of the regulars or of the militia, nnd by such proceedings of the civil authorities as might enable them'to suppress effectually tins further progress of the enterprise. It was under the same authority that President Jackson crushed nullification In Smith Carolina, and that President Llncotfi issued Ills call for troops to save the Unlou in IKIH. On numerous other occasions of less significance, uuder probably evory Administration,and certainly under the present, tills power lias been nsefolly exerted to enforce the laws without objection by any party in the country, aud almost without attracting public attention. The great elementary Constitutional principle which was the foundation of the original statute of 1792. and which lias been its essence in Jhc varloua forms It has assumed since its first r.dsp tton, Is that the Government of the United States possesses, under the Constitution. In full measure, tho power of self protection by its own agencies, altogether independent of State authority, and, If need be, against the hostility of the Stato Governments. It should remain embodied In our statutes unimpaired as it has been from the origin of Ihe Government. It shoubl be regarded as hardly less valuable or less sacred than a provision of the Constitution itself. ■ There are manv other Important statutes con milling provisions that arc liable to be suspended or aiVunUed at the timet and place l of hob,lug elections If the hill before nn should become a law. Ido not undertake to furnieti a list of them. Many of them, perliaiw most of them, ha\e been set forth in debates on thte mca-urc. They relate to extradition, to crimej against tho Election laws, tn quarantine regulations, to neutrality, to Indian reservations, to civil right's of CtUgens, and to other subjects, in regard to them nji it may lie safely said" that the meaning and effect of this bulls to take from the Geucral Government an Important part of its powey to, enforce the laws. Another grave Objection to "the bill la indiscrimination In favor of the State and against the National suthoriHea. The presenco or employment of tho armv or navy or tho United State* 1* lawful under tire terms of this bill at the place where an oktctfhn is being held in a State to uphold the anthorilyol'n Stale Government then and there in.need of such mllitartr Intervention, butunlaw ful to uphold the authority of the Government of the United States then nnd therein nccOofsorh aud employment of the sravV-or unvv of tie United States would be lawful, amt might ho neecssnrv to maintain the conduct of a Suite. ejection against the domestic violence that would overthrow it, but would be unlawful to maintain the condfict of a National election against military power resorled to for the .execution of tho CoiistltfltlbJial powers in support of the BtffTS" or Nstionjl

authority. Both functions of the Qovorumunt worn put upon tile sain* so iling. By the act of 1HI)7 tho employment of llio army* ml navy wag aiitliorl/.c'd for llie putforniiuco of both •twonrtl tullumil diitlii* lit the samo term*. fn all tlm tutor Main lea on the tnuto subject mattor, tlm namr nu-ugnrd of authority to tho (loti rnmonl ha* boot, ncror loti for tho performauuo ufbotb tliot«i (toller. No proecdont naa boon round la any provlotia .leglrlotion. and no attf(liloat roaaoh lino boon given for tho discrimination In favor of tho Statu unit against tho National authority which tlila hill coutnlnn. Under tho swooping forma of tho bill, tho National Government |a unec'/tally ahut out from tho exerdno ol'the right and frum a discharge of nn Imperative duty-to tiae Its whole executive power whonover and whurover required for tho enforcement of lie lawn. In placoa and tlmoa when and whoro It* olcotlona are hold thh employment of ita organized armed force for nny alien purpooe would be an ottenso npaluat the law unloai cnllod for by and therefore upon permission of tho authorltlca of tho Slate in which tho occasion urtaoa. What if tlila but the substitution of tho dlacretlon of tho Stale Govormnonts for tho rilacrntlon of tho Governniontof tho United Slates as to tho performance of ita own duties* In my judgment tills Is nn abandonment of Its tho National (iovernmont; a subordination taxational authority and nu Intrualon of Slalu supervision over National dotlo* which amounts, In spirit and tendency, to State supremacy. Althopgh I bclievo that the existing statutes are abundantly adequate to completely prevent military Interference with the elections, lu the eenso In which tho phrase Is used In the title of this bill and Is employed by the people of this country, I ■hall find no dllHviilty In concurring: In nny additional Ict’lslut lon limited to thqt Bided which does not. Interfere with the Indispensable exercise of tho powers of the Government nud the Constitution and laws. IiVTHKItFORII B. UaVKO. ExkcUtivk Mansion, May 12, 1879.