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
But these are all minor points and insignificant questions
compared with the great principle which was incorporated by
the House in the bill in reference to the use of the Army
in time of peace. The Senate had already conceded what they
called and what we might accept as the principle, but they
had stricken out the penalty, and had stricken out the word
"_expressly_" so that the Army might be used in all cases
where _implied_ authority might be inferred. The House
committee planted themselves firmly upon the doctrine that
rather than yield this fundamental principle, for which for
three years this House had struggled, they would allow
the bill to fail, notwithstanding the reforms which we had
secured, regarding these reforms as of but little consequence
alongside the great principle that the 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 have conceded that principle
in all its length and breadth, including the penalty, which
the Senate had stricken out. We bring you back, therefore,
a report, with the alteration of a single word, which the
lawyers assure me is proper to be made, restoring to this bill
the principle for which we have contended so long, and which
is so vital to secure the rights and liberties of the people.
* * * * *
Thus have we this day secured to the people of this country
the same great protection against a standing army which cost
a struggle of two hundred years for the Commons of England to
secure for the British people.
From this brief review of the subject it sufficiently appears that
under existing laws there can be no military interference with the
elections. No case of such interference has, in fact, occurred since
the passage of the act last referred to. No soldier of the United
States has appeared under orders at any place of election in any
State. No complaint even of the presence of United States troops has
been made in any quarter. It may therefore be confidently stated
that there is no necessity for the enactment of section 6 of the bill
before me to prevent military interference with the elections. The
laws already in force are all that is required for that end.
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