Pendleton, Randolph, Ransom, Saulsbury, Sidter, Thur- | man, Vance, Vest, Voorhees, Walker, Wallace, Whyte, Williams, Withers-41.

NAYS-Messrs. Allison, Anthony, Bell, Blaine, Booth, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, Carpenter, Chandler, Conkling, Dawes, Edmunds, Ferry, Hamlin, Hill of Colorado, Ingalls, Jones of Nevada, Kellogg, Kirkwood, Logan, McMillan, Morrill, Paddock, Platt, Plumb, Rollins, Saunders, Teller-30.

it originated, with the following objections to its approval:

House vote on passing the bill, notwith- tions by the military or naval forces of the United

standing the veto.

May 1, in the House, on the question of passing the bill over the veto, the bill failed (two-thirds required) by the following vote: YEAS-Messrs. Acklen, Aiken, Armfield, Atherton, Atkins, R. L. T. Beale, Belzhoover, Bicknell, Blackburn, Bliss, Bragg, Bright, Buckner, Cabell, J. W. Caldwell, Carlisle, Chalmers, A. A. Clark, J. B. Clark, Jr., Clymer, Cobb, Coffroth, Colerick, Converse, Covert, S. S. Cox, Cravens, Culberson, Davidson, L. H. Davis, DE LA MATYR, Deuster, Dibrell, Dickey, Dunn, Elam, Ellis, J. H. Evins, Ewing, Felton, Forney, Frost, Geddes, Gibson, Gunter, N. J. Hammond, J. T. Harris, Henkle, Henry, Herbert, Herndon, Hill, Hooker, Hostetler, House, Hurd, Johnston, Kimmel, King, Kitchin, Klotz, Knott, LADD, Le Fevre, Lewis, Manning, B. F. Martin, McKenzie, McLane, McMillin, Mills, Morrison, Muldrow, Myers, New, O'Brien, O'Connor, O'Reilly, Persons, Phister, Poehler, Reagan, J. S. Richardson, Richmond, E. W. Robertson, Ross, Rothwell, Samford, Sawyer, Scales, Shelley, Simonton, J. W. Singleton, O. R. Singleton, Slemons, H. B. Smith, W. E. Smith, Sparks, Speers, Springer, Steele, Stephens, STEVENSON, Talbott, Taylor, P. B. Thompson, Jr., Tillman, R. W. Townshend, O. Turner, T. Turner, Vance, Waddill, A. J. Warner, Wellborn, Whiteaker, Whitthorne, T. Williams, A. S. Willis, Wise, WRIGHT, C. Young -121.

NAYS-Messrs. N. W. Aldrich, W. Aldrich, Anderson, J. H. Baker, Bayne, Belford, Bingham, Blake, Bowman, Boyd, Brewer, Briggs, Brigham, Browne, Burrows, Butterworth, Cannon, Carpenter, Caswell, Chittenden, Claflin, Conger, Cowgill, Crapo, Caggett, G. R. Davis, Deering, Dannell, Einstein, Errett, Farr, Ferdon, Field, Fisher, FORD, FORSYTHE, Fort, Frye, Garfield, GILLETTE, Hall, J. Hammon, Harmer, B. W. Harris, Haskell, Hawk, Hawley, Hazleton, Heilman, Hiscock, Horr, Houk, Hubbell, Humphrey, James, G. W. JONES, Jorgensen, Joyce, Keifer, KELLEY, Lindsey, LowE, Marsh, Mason, McCoid, McGowan, McKinley, Miles, Mitchell, Monroe, Morton, MURCH, Newberry, Norcross, O'Neill, Overton, Pierce, Pound, Prescott, Reed, W. W. Rice, D. P. Richardson, Robeson, G. D. Robinson, W. A. Russell, T. Ryan, Shallenberger, Sherwin, A. H. Smith, Thomas, A. Townsend, Tyler, J. T. Updegraff, T. Updegraff, Urner, Valentine, Van Aernam, Voorhis, J. Van Voorhis, Wait, Ward, Washburn, WEAVER, H. White, Wilbur, C. G. Williams, Willits, W. A. Wood, YOCUM, T. L. Young-110.

"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 eleeStates. 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 proreferred to that, since the passage of this act, Contection against a standing army. The fact was also gressional, 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.

interference whatever at the polls is contrary to the "Holding, as I do, the opinion that any military 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 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:

"Be it enacted, &c., 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 such force be necessary to repel the armed enemies of the United States, or to enforce section 4, article 4, of the Constitution of the United States, and the laws made in pursuance thereof, on application of the Legislature or executive of the State where such force is to be used; and so much of all laws as is inconsistent herewith is hereby repealed.'

"It will be observed that the bill exempts from the general prohibition against the employment of military force at the poles two specified cases. These exceptions recognize and concede the soundness of the principle that military force may properly and constitutionally be used at the place of elections, when such use is necessary to enforce the Constitution and the laws. But the excepted cases leave the prohibition so extensive and far-reaching, that its adoption will seriously impair the efficiency of the executive depart

ment of the Government.

"The first act expressly authorizing the use of miltary power to execute the laws was passed almost as early as the organization of the Government under the Constitution and was approved by President Washington, May 2, 1792. It is as follows:

"SECTION 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 combinations 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 notified to the President of the United States by an associate justice or the district judge, it shall be lawful for the

First vote in the House on passing the H. B. Smith, W. E. Smith, Sparks, Springer, Steele,
Bill.
Stephens, STEVENSON, Talbott, Taylor, P. B. Thompson,
Jr., Tillman, R. W. Townshend, O. Turner, T. Turner,
May 6, 1879. The bill above referred to, Vance, Waddill, A. J. Warner, WEAVER, Wellborn,
passed the House by the following vote :

In the Senate the bill passed by the follow- Intended to cripple the Government during ing vote:

the territory which is now my State, it was very common for the military authorities to take possession of the polls. The sheriffs in the counties had a way of getting a posse on that day and mustering them into the service of the United States, and surrounding the polls, for the ostensible purpose of keeping the peace at the polls; but I have seen the time when I could not go within gunshot of the polls, and you could not get a ballot into the box unless you shot it in out of some revolver. I do not want any military interference at the polls, and I never did want it. I would not have troops there unless in some sensible way to keep the peace and to prevent contests which might be likely to arise. I think the Senator should be the last man, and his party should be the last party to undertake, after what occurred in my State, to prevent men being at the polls to keep the peace and prevent collisions."

Democratic efforts and votes enact it.

The law, through the persistent advocacy of Mr. Powell, finally passed the Senate at the 1st session of the 38th Congress. Every Democrat present voted for the bill. Seven Republicans, although denying that there was any need for the passage of such a law, denying that even in the existing state of war, there had ever been any authorized military interference at elections, yet voted for it. All the votes against it were Republicans.

and Senate on the Bill, and in House on passage of same over the Veto.

Following is the President's veto:

Message from the President of the United States returning, without his approval, the bill of the House (H. R. 2) entitled 'An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1880, and for other purposes.'

"TO THE HOUSE OF REPRESENTATIVES :

"After mature consideration of the bill, entitled 'An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes,' I herewith return it to the House of Representatives, in which it originated, with the following objections to its approval: "The main purpose of the bill is to appropriate the money required to support, during the next fiscal year, the several civil departments of the Government. The amount appropriated exceeds in the aggregate eighteen millions of dollars.

"This money is needed to keep in operation the essential functions of all the great departments of the Government-legislative, executive and judicial. If the bill contained no other provisions no objection to its approval would be made. It embraces, however, a number of clauses relating to subjects of great general The measure which subsequently passed interest, which are wholly unconnected with the apthe House also, and which the Rebel Briga-propriations which it provides for. The objections to diers have since so vehemently denounced, the practice of tacking general legislation to appropriwhich in their efforts to repeal occasioned the ation bills, especially when the object is to deprive a. co-ordinate branch of the Government of its right to defeat of the Army Appropriation Bill, caused the free exercise of its own discretion and judgment an extra session and put the nation to a great touching such general legislation, were set forth in expense, was a Democratic measure in its origin, the special message in relation to House bill number one, which was returned to the House of Representaauthorship and purpose; a rebel measure sup- tives on the 29th of last month. I regret that the obported and passed by Democratic votes injections which were then expressed to this method of support of the Rebel Brigadiers in the field, for the purpose of making "the ballot-box the sanctuary" of the traitor.

legislation have not seemed to Congress of sufficient weight to dissuade from this renewed incorporation of general enactments in an appropriation bill, and that my constitutional duty in respect of the general legislation thus placed before me cannot be discharged

It reacts against the authors-Hence the without seeming to delay, however briefly, the necesight against it.

sary appropriations by Congress for the support of the Government. Without repeating these objections, I Upon the restoration of the Union, during respectfully refer to that message for a statement of my views on the principle maintained in debate by reconstruction, and subsequently, this law re- the advocates of this bill, viz., that to withhold apacted against its authors, and their new de-propriations is a constitutional means for the redress' signs, through its clause "to keep the peace at of what the majority of the House of Representatives the polls." Rifle clubs, the Ku Klux, the may regard as a grievance.' White League, and the host of banditti which were organized for the subjugation of the Union masses of the rebel States, found this clause a formidable obstruction to their sanguinary plots. It enabled the National Government to give some protection to the Unionists in their rights as citizens at the polls. Hence, cried they, it must be struck from the statutebook. The Ku Klux must be king. Rebel rifles clubs must reign! The President's veto arrested their plans.

PART IV.

Veto of the Legislative, Executive and Judicial Appropriation Bill –Which repealed or modified the law touching Supervisors and Marshals at Congressional Elections, and touching Jurors in U. S. Courts-Votes in House

"The bill contains the following clauses, viz.: "And provided further, That the following sections of the Revised Statutes of the United States, namely, sections two thousand and sixteen, two thousand and eighteen, and two thousand and twenty, and all of the succeeding sections of said statutes down to and including section two thousand and twenty-seven, and also section fifty-five hundred and twenty-two, be, and the same are hereby, repealed; ** * and that all the other sections of the Revised Statutes, and all laws and parts of laws authorizing the appointment of chief supervisors of elections, special deputy narshals of elections, or general deputy marshals having any duties to perform in respect to any election, and prescribing their duties and powers, and allowing them compensation, be, and the same are hereby repealed.'

"It also contains clauses amending sections 2017, 2019, 2028, and 2031 of the Revised Statutes.

"The sections of the Bevised Statutes which the

bill, if approved, would repeal or amend, are part of an act approved May 30, 1870, and amended February 28, 1871, entitled An act to enforce the rights of citizens of the United States to vote in the several States of this Union, and for other purposes.' All of the provisions of the above-named acts, which it is proposed in this bill to repeal or modify, relate to the congressional elections. The remaining portion of the law, which will continue in force after the enactment of this measure, is that which provides for the appointment, by a judge of the circuit court of the United States, of two super

visors of election in each election district, at any Congressional election, on due application of citizens who desire, in the language of the law to have such election guarded and scrutinized.' The duties of the supervisors will be to attend at the polls at all Congressional elections, and to remain after the polls are open until every vote cast has been counted, but they will have no authority to make arrests, or to perform other duties than to be in the immediate presence of the officers holding the election, and to witness all their proceedings, including the counting of the votes, and the making of a return thereof.' The part of the election law which will be repealed by the approval of this bill includes those sections which give authority to the supervisors of election to personally scrutinize, count, and canvass each ballot, and all the sections which confer authority upon the United States marshals and deputy marshals, in connection with the Congressional elections. The enactment of this bill will also repeal section 5522 of the criminal statutes of the United States, which was enacted for the protection of United States officers engaged in the discharge of their duties at the Congressional elections. This section protects supervisors and marshals in the performance of their duties, by making the obstruction or the assaulting of these officers, or any interference with them, by bribery, or solicitation, or otherwise, crimes against the United States.

tatives may also be constitutionally regulated by the national authority.

"The bill before me itself recognizes the principle that the Congressional elections are not State elections but national elections. It leaves in full force the existing statute, under which supervisors are still to be appointed by national authority, to observe and witness' the Congressional elections, whenever due application is made by citizens who desire said elections to be guarded and scrutinized.' If the power to supervise, in any respect whatever, the Congressional election exists, under section 4, article 1, of the Constitution,it is a power which, like every other power belonging to theGovernment of the United States is paramount and supreme, and includes the right to employ the necessary means to carry it into effect.

"The statutes of the United States which regulate the election of members of the House of Representa tives, an essential part of which it is proposed to repeal by this bill, have been in force about eight years. Four Congressional elections have been held under them, two of which were at the Presidential elections of 1872 and 1876. Numerous prosecutions, trials and convictions have been had in the courts of the United States in all parts of the Union for violations of these laws. In no reported case has their constitutionality been called in question by any judge of the courts of the United States. The validity of these laws is sustained by the uniformal course of judicial action and opinion.

"The true meaning and effect of the proposed legislation are plain. The supervisors, with the authority to observe and witness the proceedings at the Congres- "If it is urged that the United States election laws sional elections, will be left; but there will be no pow- are not necessary, an ample reply is furnished by the er to protect them, or to prevent interference with history of their origin and of their results. They their duties, or to punish any violation of the law from were especially prompted by the investigation and which their powers are derived. If this bill is ap- exposure of the frauds committed in the city and proved, only the shadow of the authority of the United State of New York at the elections of 1868. Committees States at the national elections will remain; the sub- representing both of the leading political parties of the stance will be gone. The supervision of the elections country have submitted reports to the House of Repwill be reduced to a mere inspection, without authori-resentatives on the extent of those frauds. A comty on the part of the supervisors to do any act what-mittee of the Fortieth Congress, after a full investigaever to make the election a fair one. Ali that will be tion, reached the conclusion that the number of fraudleft to the supervisors is the permission to have such ulent votes cast in the city of New York alone in 1868 oversight of the elections as political parties are in the was not less than twenty-five thousand. A committee habit of exercising without any authority of law, in of the Forty-fourth Congress, in their report, suborder to prevent their opponents from obtaining an- mitted in 1877, adopted the opinion that for every one fair advantages. The object of the bill is to destroy hundred actual voters of the city of New York in 1868 any control whatever by the United States over the one hundred and eight votes were cast, when, in fact, Congressional elections. the number of lawful votes cast could not have exceeded eighty-eight per cent of the actual voters of the city. By this statement the number of fraudulent votes at that election, in the city of New York alone was between thirty and forty thousand. These frauds completely reversed the result of the election in the State of New York, both as to the choice of governor and State officers, and as to the choice of electors of President and Vice President of the United States They attracted the attention of the whole country. It was plain that if they could be continued and repeated with impunity free government was impossible. A distinguished Senator, in opposing the passage of the election laws, declared that he had for a long time believed that our form of government was a comparative failure in the larger cities.' To meet these evils and to prevent these crimes, the United States laws regulating Congressional elections were enacted.

"The passage of this bill has been urged upon the ground that the election of members of Congress is a matter which concerns the States alone; that these elections should be controlled exclusively by the States; that there are and can be no such elections as national elections; and that the existing law of the United States regulating the Congressional elections is without warrant in the Constitution.

"It is evident, however, that the framers of the Constitution regarded the election of members of Congress in every State and in every district as, in a very important sense, justly a matter of political interest and concern to the whole country. The original provision of the Constitution on this subject is as follows (section 4, article 1):

The times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators." "A further provision has been since added, which is embraced in the fifteenth amendment. It is as fol

lows:

SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.

SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.'

Under the general provision of the Constitution (section 4, article 1), Congress, in 1866, passed a comprehensive law, which prescribed full and detailed regulations for the election of Senators by the legislatures of the several States. This law has been in force almost thirteen years. In pursuance of it all the members of the present Senate of the United States hold their seats. Its constitutionality is not called in question. It is confidently believed that no sound argument can be made in support of the constitutionality of national regulation of Senatorial elections which will not show that the election of members of the House of Represen

"The framers of these laws have not been disappointed in their results. In the large cities, under their provisions, the elections have been comparatively peaceable, orderly, and honest. Even the opponents of these laws have borne testimony to their value and efficiency and to the necessity for their enactment. The committee of the Forty-fourth Congress, composed of members, a majority of whom were opposed to these laws, in their report on the New York election of 1876, said:

"The committee would commend to other portions of the country and to other cities this remarkable sys tem, developed through the agency of both local and Federal authorities acting in harmony for an honest purpose. In no portion of the world, and in no era of time, where there has been an expression of the popu lar will through the forms of law, has there been s more complete and thorough illustration of Republican institutions. Whatever may have been the previous habit or conduct of elections in those cities, or hows0ever they may conduct themselves in the future, this election of 1876 will stand as a monument of what good faith, honest endeavor, legal forms, and just au