A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
History
A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
Hayes, Rutherford Birchard, 1822-1893; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
In the communication sent to the House of Representatives on the 29th
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 30, 1880, and for other purposes,"
I endeavored to show, by quotations from the statutes of the United
States now in force and by a 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 the
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 the employment of the Army as a _posse
comitatus_ or otherwise, it was maintained by its friends that it
would establish a vital and fundamental principle which would secure,
to the people protection against a standing army. The fact was also
referred to that since the passage of this act Congressional, State,
and municipal elections have been 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 I 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 to
concur with Congress in all of its measures, it is with very 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 as to the employment of military force at the elections
is not doubtful. No intimidation or coercion should be allowed to
control or influence 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 militia 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 apprehensions 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 the
ordinary civil police force. There has been and will be no violation
of this rule under orders from me during this Administration; but
there should be no denial of the right of the National Government to
employ its military force on any day and at any place in case such
employment is necessary to enforce the Constitution and laws of the
United States.
The bill before me is as follows:
Public-domain text, read in full here on John Shaqi.
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