CONGRESS, UNITED STATES. 



acs 



was read the third time. The Secretary pro- 

 ceeded to call the roll, and the result was an- 

 nounced us follows : 



YKAS Bailey. Bayard. Beck, Butler, Call. Cockrell, 

 Coke, DavU or Illinois, Eaton, Farley, Garland, Gor- 

 don, Groomo, Grover. Hampton, Harm, Hereford. 

 Hill of Georgia, Houston, Johnston, Jonas, Jones of 

 Fluri.la, Kernan, Lamar. McDonald, Maxey, Morgan, 

 Pendleton, Randolph, Ransom, Saulnbury, Slater, 

 Thurman, Vanoo, Vest, Voorhees, Walker, Wallace, 

 Whytc, Williams, Withers 41. 



NAYS Allison, Anthony, Bell, Elaine, Booth, 

 Bruce, Burnsidc, Cameron of Pennsylvania, Cameron 

 of Wisconsin, Carpenter. Chandler, Conkling, Dawea, 

 Edmunds, Ferry, Hamhn, Hill of Colorado, Ingalls, 

 if Nevada. Kellogg, Kirkwood, Logan, Mc- 

 Millan, Morrill, Paddock, Platt, Plumb, Rollins, 

 Saundors, Teller 80. 



ABSENT Davis of West Virginia, Hoar, McPherson, 

 Sharon, Windom. 6. 



So the bill was passed. 



In the House on April 80th, the following 

 veto of the bill was received : 



To the House of Representative : 



I have maturely considered the important questions 

 presented by the bill entitled "An Act making ap- 

 propriations for the support of the army for the fiscal 

 year ending June 30, 1880, and for other purposes," 

 and I now return it to the House of Representatives, 

 in which it originated, with my objections to its ap- 

 proval. 



The bill provides in the usual form for the appro- 

 priations required for the support of the army during 

 the next fiscal year. If it contained no other provi- 

 sions, it would receive my prompt approval. It in- 

 cludes, however, further legislation, wnich, attached 

 as it is to appropriations which are requisite for the 

 efficient performance of some of the most necessary 

 duties of the Government t involves questions of the 

 gravest character. The sixth section of the bill is 

 amendatory of tlie statute now in force in regard to the 

 authority of persons in the civil, military, and naval 

 service of the United States " at the place where any 

 general or special election is held in any State." This 

 statute was adopted February 25. 1865, after a pro- 

 tracted debate in the Senate, and almost without oppo- 

 sition in the House of Representatives, by the con- 

 current votes of both of the leading political parties of 

 the country, and became a law by the approval of 

 President Lincoln. It was regnacted in 1874 in the 

 Revised Statutes of the United States, sections 2002 

 end 5528, which are as follows : 



SBC. 2002. No military or naval officer, or other person en- 

 gaged in the civil, military, or naval service of the United 

 States, shall order, bring, keep, or have under his authority or 

 control, any troops or armed men at the place where any gen- 

 eral or special election Is held In any State, unless it be ne- 

 cessary to repel the armed enemies of the United States, or to 

 keep the peace at the polls. 



SEO. 5528. Every officer of the army or navy, or other per- 

 eon In the civil, military, or naval service of the United States, 

 who orders, brings, keeps, or has under his authority or con- 

 trol, any troops or armed men at any place where a general or 

 special election is held In any State, unless such force be ne- 

 cessary to repel armed enemies of the United States or to keep 

 the peace at the polls, shall be fined not more than $5,000, and 

 suffer Imprisonment at hard labor not less than three months 

 nor more than five years. 



The amendment proposed to this statute, in the bill 

 before me, omits from both of the foregoing sections 

 the words " or to keep the peace at the polls." The 

 effect of the adoption of this amendment may be con- 

 sidered : 



First. Upon the right of the United States Govern- 

 ment to use military force to keep the peace at the 

 elections for members of Congress ; and, 



Second. Upon the right of the Government, by civil 

 authority, to protect these elections from violence and 

 fraud. 



In addition to the sections of the statutes above 

 quoted, the following provisions of law relating to the 

 use of the military power at the elections are now in 

 force: 



Bso. 9008. No officer of the army or nary of the United 

 States shall prescribe or fix, or attempt to prescribe or fix, by 

 proclamation, order, or otherwise, the qualifications of voter* 

 In any State, or In any manner interfere with the freedom of 

 any election In any State, or with the exercise of the free 

 right of suffrage in any State. 



SEC. 5JW8. Every officer or other person In the military or 

 naval service who, by force, threat, Intimidation, order, advice, 

 or otherwise, prevents, or attempt* to prevent, any qualified 

 voter of any State frutn freely exercising Die right of suffrage 

 at any general or special election In such State, shall be fined 

 not more than $5,000, and Imprisoned at hard labor not more 

 than five years. 



SEO. 5." 8 i. Every officer of the army or navy who prescribes 

 or fixes, or attempts to prescribe or fix, whether by proclama- 

 tion, order, or otherwise, the qualifications of voters at any 

 election in any State, shall be punished as provided in the 

 preceding section. 



SBO. 6581. Every officer or other person In the military or 

 naval service who, by force, threat, Intimidation, order, or 

 otherwise, compels, or attempts to compel, any officer holding 

 an election In any State to receive a vote from a penon not 

 legally qualified to vote, or who Imposes, or attempts to im- 

 pose, any regulations for conducting any general or special 

 election in a State different from those prescribed by law, 

 or who interferes in any manner with any officer of an election 

 In the discharge of his duty, bhall be punished as provided in 

 section .V)-"J. 



SEC. 6582. Every person convicted of any of the offenses 

 specified in the five preceding sections, shall, in addition to 

 the punishments therein severally prescribed, be disqualified 

 from holding any office of honor, profit, or trust under the 

 United States; but nothing In those sections shall be con- 

 strued to prevent any officer, soldier, sailor, or marine from 

 exercising the right of suffrage In any election district to which 

 he may belong, if otherwise qualified according to the laws of 

 the State in which he offers to vote. 



The foregoing enactments would seem to be suffi- 

 cient to prevent military interference with the elec- 

 tions. But the lost Congress, to remove all apprehen- 

 sion of such interference, added to this body of law 

 section 15 of on act entitled " An Act making appro- 

 priations for the support of the army for the fiscal 

 year ending June 30, 1879, and for other purposes," 

 approved June 18, 1878, which is as follows : 



SBC. 15. From and after the passage of this act it shall not 

 be lawful to employ any part of the army of the United States, 

 as a pone comitatus or otherwise, for the purpose of execut- 

 ing the laws, except In such cases and under such circum- 

 stances as such employment of said force may be expressly 

 authorized by the Constitution or bv act of Congress: and no 

 money appropriated by this act shall be used to pay any of the 

 expenses Incurred in the employment of any troops in viola- 

 tion of this section, and any person willfully violating the pro- 

 visions of this section shall be deemed guilty of a misdemean- 

 or, and on conviction thereof shall be punished by a fine not 

 exceeding $10,000 or imprisonment not exceeding two yean, 

 or by both such fine and Imprisonment. 



This act passed the Senate, after full consideration, 

 without a single vote recorded against it on its final 

 passage, and, Dy a majority of more than two thirds, 

 it was concurred in by the House of Representatives. 



The purpose of the section quoted was stated in the 

 Senate by one of its supporters as follows : 



Therefore I 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 be used by a general 

 or special deputy marshal, or any marshal, merely for election 

 purposes as a postt, ordering them about the polls or order- 

 ing them anywhere else, when there Is no election going on. 

 to prevent disorders or to suppress disturbances that should 

 be suppressed by the peace officer* of the State, or if they 

 mutt bring others to their aid they should summon the un- 

 organized citizens and not summon the officers and men of 

 the army as a posse comitatvt to quell disorders and thus 

 get np a feeling which will be disastrous to peace among the 

 people of the country. 



In the House of Representatives the object of the 

 act of 1878 was stated by the gentleman who had it in 

 charge in similar terms. He said : 



But these are all minor points and Insignificant questions 

 compared with the great principle which was Incorporated 



