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A Compilation of the Messages and Papers of the Presidents - Volume 7, part 2: Rutherford B. Hayes by James D. (James Daniel) Richardson
page 163 of 392 (41%)
I have maturely considered the important questions presented by 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," and I now return it to the House of Representatives, in
which it originated, with my objections to its approval.

The bill provides in the usual form for the appropriations required
for the support of the Army during the next fiscal year. If it
contained no other provisions, it would receive my prompt approval. It
includes, however, further legislation, which, attached, as it is, to
appropriations which are requisite for the efficient performance
of some of the most necessary duties of the Government, involves
questions of the gravest character. The sixth section of the bill is
amendatory of the 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 protracted
debate in the Senate, and almost without opposition in the House
of Representatives, by the concurrent votes of both of the leading
political parties of the country, and became a law by the approval of
President Lincoln. It was reenacted in 1874 in the Revised Statutes of
the United States, sections 2002 and 5528, which are as follows:

SEC. 2002. No military or naval officer, or other person
engaged 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
general or special election is held in any State, unless it be
necessary to repel the armed enemies of the United States or
to keep the peace at the polls.
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