Rensselaer Union, Volume 11, Number 38, Rensselaer, Jasper County, 5 June 1879 — ANOTHER VETO. [ARTICLE]

ANOTHER VETO.

President Hayes Returns ttae t*«H* latlre Appropriation Bill to the House. Willi His Objections to the Same. Washington, May 29. The following message of the President was delivered to the House of Representatives to-day: i; To tho House of RoplescStsUret: * Bias—After tnaluraaoiiFlderntloD of the Mil entitled 11 An act maklwg appropriations for the l.egislatlve, Executive ami Judicial expenses of the Government for the fiscal year ending June 80. 1880, and for other purposes,” I herewith return it to the Ilou»e of Reprerentatlvus, In which- It originated, with the following objections to Its approval: The uihln purpose of the bill Is to appropriate money required to support, during the uext fiscal year, the several civil departments of the (invernment. Th# amount appropriated exceeds. In the aggregate, 91B,OOO.OOt). This money Is noedert to keep In operation the essential functions of all the great departments of the Govurumont, Legislative, Executive and Judicial. If the hill contained no other provisions, no obtectlon Id Ms approval would be mlde. It einiraces, however, n number of clauses relating to subjects of great general Interest, which are wholly unconnected with the appropriation which It provides for. Objection* to Inc practice of tacking general legislation to appropriation' bills, especially when the object Is to deprive a co-ordl-natc branch of ino Governmcnt of Its right tothe free exercise of Its own discretion and Judgment touching such general legislation, were set forth In the special message in relation to the House bill No. 1, which was returned to the House of Representatives, on tho 29th of last month. I regret that the objections which wore expressed to this method of legislation have not teamed to Congress of sufficient weight to dissuade it from this renewed incorporation of general ennetments In an Appropriation hill, and tliut my Constitutional duty In respect to- general legislation thus placed before mo cannot be discharged without seeming to delay, however briefly, the necessary appropriation by Congress for the support of the Government. Withtmt repeating those objections. I respectfully refer to that messago for a statement of my views on the principle maintained In the debate by the advocates of this bill, vis.: That, ‘ to • withhold appropriations i« a Constitutional means for Iho.redress” of what a majority of the 'House of Representatives may regard as a "grievance.'’ The bill contains the following clauses, viz.: ‘‘And, provided further, that the following sections of the Revised Statutes of tho United Slates, namely, Sdcs. 2018, 2018 and 2020, and all of the succeeding sections of said statutes down to and including Bec. 2027, and also- Sec. 6522, be, and tho same ye hereby repealed, ’ ' • and that all tho other sections or th» Revised Statutes, and all laws and parts of laws noth Sizing tho appointment of Chief Supervisors of Elections, Special Deputy Marshals of Elections, or General Deputy Marshals, having any duties to perforin in respect to aay election, and prescribing their duties and Sow ers, and allowing them compensation, be, and ic same are liercbyjrepoaletl." It also contains clauses amending Secs. 2017, 2019, 2028 and 2081 Of the Revised Statutes. The sections of the Revised Statutes which this bill, If approved, would repeal or amend are part of an act approved May III), 1870, and amended Feb. 28,1871, entitled “An act to enforce the rights of citizens of the United States to vole In the several States of this Union, and for other purposes.’’

All of tho provisions of the above-named acts which it is' proposed in this bill to repeal or modify relate to Congressional elections. The remaining portion of the law, wlill-h will continue in forco 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 Supervisors of Elections In each election district ut any Congressional election, on the duo 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 itt the polls at all Congressional elections, and to remain after the polls are open until every vote east has been counted; but they will have no authority to make arrests or to perform other duties Ihau to he in the immediato presence of the officers holding the election, and to witness all their proceedings. Including the counting of tho votes and making 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 Elections “to personally - scrutinize the count and canvass each ballot," and all the sections which confer authority upon United States Marshals and Deputy Marshals in connection with Congressional elections. The enactment of this bill will also repeal Sec. 6522 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 Congressional elections. This section protects Supervisors and Marshals In the performance of their duties, Inr.’making the obstruction or assaulting of these oßeets, or any interference with them by bribery, or solicitation, or otherwise, crimes against the United S.tates. The true meaning and effect of the proposed legislation are plain. The Supervisors, with authority to observe and witness the proceedings at the Congressional elections will be left, hut there will he ho power to protect them, or lo prevent interference with Uieirriuties, or to punish any violation of the law from which their powers arc derived. If tills bill i* approved, only the shadow or mithorit/if the United States at National ulecthyis will relouiu: the substance will he gone. The supervision. of elections will be reduced to mere inspection, without authority on the part of the Supervisors to do any act w hatever to make the election a fn% one. All that will be left to tho Supervisors is the permission to bare such an oversight ot elections as political parties arc In the habit of exeraislng'Vlthotu any authority of the law, In order to prevent their opponents from obtaining unfair advantages. The object of the bill Is todcstroy any control whatever by tho l T nited States over Congressional elections. The passage of this hill Irak been urged upon the ground that the election of members of Congress is a matter which coucerns tho State alone; that these elections should be controlled exclusively lrv the States; that llicro are. and can be. no bach elections as National elections, and that tho existing law of the United States regulating Congressional elections is without warrant In the Constitution. It is evident, how ever, that !ho framers of the Constitution regarded the election of members of Congress in ovary Slate and in every dig trietas. In a very important sense, jnstly a matter of political interest and concorn to the whole country. The original provision of the Constitution on thiH subject Is as follows: “ Sue. 4. Aw. I.—The times, places and manner of holding elections for Senators and Representatives sbiul be prescribed in each State by tho Legislature thereof; bnt Congress may at any time, by law, make or alter such regulations, except ns to the places of choosing Senators." A further provision hns been since added, which is embraced in the Fifteenth Amendment, it is as follows: •• Section 1. The right of citizens of the United States to vote Bhall not be denied or abridged by the United States, or by any State, on account of race, color or previous condition of servitude.” “ Sec. 2. Toe Congress shall have power to enforce ibis article by appropriate legislation.” Under the general provisions oftnc Constitution (Sec. 4, Art. 1) Congress, in 18118, passed a comprehensive law, which prescribed ftUI and dolnllcd regulations Ibr the election of Senators by the Legislatures of the sevoral States. This law has been In force almost thirteen years. In pursuance of it, all of the members of the present Senate of the United Stales hold their seats. Its Constitutionality, Is not culled in question. It is confidently believed that no sound argument can be made In support of the Constitutionality of the National regulation of Senatorial elections which will not show that tho elections of members of the House of Representatives may also he Constitutionally regulated by National authority. ' The bill before me llsclf recognizes the principle that the Congressional elections are not State elocllons, but National elections. It leaves in full force the existing statute liudef which the Supervisors aro still tube appointed by National authority to “observe and witness” Congressional elections whenever due application is made by cltljjrns who desire said elections lobe “guarded and ami liuized.” If the power to supervise, lb any rcsboct whatever, the Congressional elections exists under Sec. 4, Art. 1 of the Constitution, it Is a power which, like every other power belonging to the Government of the Ifnltod States, is paramount nnd supreme, and Includes tho right to employ the necessary me ins lo carry It Into effect. The statutes ol the United Slates which regulate the election of members of the Honse of Representatives, nn essential part of which it Is proposed to repeal by this bill, have been In forco about eight years. Four Cougrersional elections have been held under them, two of which wore at tho I’reslckjntlnl elections of 1872 and 1870Numerous prosecutions, trials nnd convictions have been held in the courts of tire United, States In all parts of the Unloq for violation of these laws. In no reported case has their Constitutional lly been called in qnes lon by any Judge of the Courts of tho United HI ales. Tne validity of these laws Is sustained by the uniform course of judicial action and opinion. It It is urged that the United States Election laws aro not necessaty, an ample reply Is hirulshed by the history of their origin and of their n suits. They were especially prompted by The Investigation and exposure pf frauds committed In the City and Stale ,of New Yorfc at the elections j»l 18<18. Ceftimilteos representing'both of the leading "political parties of lie country have submitted reports to the House of Representatives as to the extort of these frauds. The committee of the Fortieth Congress, after a full investigation, reached the conclusion that the number of fraudulent votes cast in the City of Now York alone In 1888 was uM less lhan 25,000. A committee of the Forty-fourth Congress. In Its report; submitted In 1877, adopted the opinion that for ('very 100 actual voters of the City of New York,ln 181(8, 108 votes were cast, when, In fact, tho number of lawftil votes cast could not have exceeded 88 per cent, of the actual voters of the city. By this statement tho nnmbcr of the fraudulent votes at-that election In the city of New-York alone was between 80.000 and 40,000- These frauds completely reversed the result of the election In the Btste of New York, both as to live "cholceoSf^leCtbti? 1 tor*President an^YiceFresh dent of the United Stales. They attracted the at tendon of thTwhble country. It wag pjaln prat If

they could be continued sad repealed with Impunity, free government was Impossible. A dlellngtilthed Senator, In opposing the pas* edtheTuiectlon laws, declared that be had sot "A time believed that our form of government was a comparative failure In the larger cities. To Sf 1 ® 1 tbr*« evils and to prevent these crimes the United Slates laws n uniat! ng Congressional elections were enacted. The framers of these laws have pot 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 totbeli value and cfficloncy, *»d to tho necessity for their enactment. The committee of the Fortv-fourth Congress, composed of members a majotliy of Whom were opposed to those laws, In their report on tho New York election of IH7H, ssld: “The committee would commend to other portions of tho country, and to other cities, this romarkahlo system developed through the agency of both the local ant Federal authorities, acting in harmony for an honest purpose. In no portion of the world, in no era of lime where thore has been an expression of the popular will through the forms of jaw, has there boon a more complete and thorough Hlnstration of republican Institutions. Whatever may have been tho previous habit or conduct of elections In those cities, or howsoever they nfay conduct themselves In Allure, this election of 1878 will stand us a monument of what good faith, honest endeavor, legal forms and Just authority may do for tho protection of tho electoral franchise/' This hill recognizes the authority and duty of tho United States to appoint Supervisors to guard and scnitlulr.&CuugrCHslonal elections; bnt It denies to tho Government of the United States all power to make Its supervision effectual. The great body of tho people of all parties want free and fair elections. They do not think that a free election means freodom from the wholesome restraints of law, or that tho placo oft, an election should he a sanctuary for lawlessness and ertmo. On the day of an olcction, peace and good order arc more necessary than on any olher day of the yoar. On that day tho humblest and feeblest citizens, aged and infirm, should be and should havo reason to feel that they arc safe In tho exorclso of their most responsible duty, ami their most sacred right as members of society, their doty and their right to vote. • Conetltntlonal authority to regulate Congressional elections, which belongs to tho Government ol the United States, and which it Is necessary to exert toeccnro the right to vote to every citizen poeeosslng the requisite qualifications, ought to bo enforced by appropriate legislation. 8n f»r from public oplDton In any part of tho country favoring any relaxation of the authority of the Government In the protection of elections from violence and corruption, I believe It demands greater vigor both In the enactment and in the execution of the laws framed for that purpose. Any oppression, any partisan partiality, which experience may have shown In tho working of tho existing laws may well engage the carjAil attention, both of Congress and of tho Executive in their respective spheres of duty, for the correction of these mischiefs. As no Congressional elections occur until after the regular session of Congress will havo been held there seems to be no public exigency that would preclude a seasonable consideration at this session of any administration of details that, might improve tho present methods designed for the protection of all citizens in a complete nud equal exercise of the right and power of suffrage at such elections. But with mv views, both of tho Constitutionality and of the value of tho existing laws, I cannot approve any measure for tlicir repeal, except in connection w Ith enactment of other legislation which may reasonably be expected to aflord wiser and more efficient safeguards for free and honest Congressional elections. i Signed) RiTTiiEnronD B. Hates. Executive Mansion, May 29,1879.