Rensselaer Union, Volume 11, Number 42, Rensselaer, Jasper County, 3 July 1879 — ANOTHER VETO MESSAGE. [ARTICLE]

ANOTHER VETO MESSAGE.

The Judicial Bxprnsee Bill Vetoed by President Hayes He Lives Hie Reasons for Withholding Hie Signature from the Measure. Washington, Jane 23. The lollowing is the text of tho President's Messago vetoing the Judicial Expenses bill: To the Hoorn of Representatives: After a careful examination ot the bill entitled "An "Act mating appropriations lor certain Judicial Expenses," 1 return it here-, with to the House of.. Representatives, In which It originated, wfth tbe following objection* to Its approval : The general purpose of the bill Is to provide for certain judicial expenses of the Government for the fiscal year ending June 30, 1880, for which the sum of 1 2, 690,000 .a appropriated. These appropriations are rvqu red to keep In operation the general functions of the Judicial Department of the Government, and il th s ;art of the bill stood alone there would be no objection to its approval. It contains, however, other provisions to which 1 des re respect ully to ask your attention. At the present session of Congren* a majority of both houses, favoring a repcjl of the Congressional Election laws embraced In. title twenty-six of the Revised Statutes, parsed a measure for that purpose as 'part of a bll entitled “An Act making appropriations for the Leglrlative, Executive and Judicial expenses of the Government for the fiscal year ending June 30, 1880, and for other pur|Kises.” Unable to concur with Congress In that measure, on the 29th of May last 1 returned the bill to the House of Representatives, in which It originated, without my approval, for that further consideration for which the Constitution provides. On reconsideration the bill was approved by less than two-thirds of the House, and failed to become a law. The Election laws, therefore, remain valid enactments, and the supreme law of the land, binding not only up >n all private citizens, but also alike and equally binding upon all who are charged with du'.ies and resiionsilillitles of the Legislative, Executive and Judicial Departments of the Government. It Is not sought bv the bill before me to repeal the Election laws. Its object is to defeat their enforcement. The last clause of the first section is as follows: "And no part, of the money hereby appropriated is appropriated lo pay any salaries, compensation, fees of expenses, under or ill virtue oi title pqi of the Revised Statutes, or any provision of said title." Title 26 of the Revised Statutes, referred to in the foregolngeiause, relates to the elective fianeh se, and contains lhe laws now in force regulating Congressional elections. The second section of the hill reaches much further. It is as follows: Section 2. That the sums appropriated in this act lor the persons and public a. nice embra ed in i;s pro\isious arc in lull for such persons and public service for the fiscal jear ending June 30, 1880, and no department or officer of the Government shall, during said fiscal year, make any contracY.or incur any liability lor the future payment of money under any of toe provisions oi idle 26 of tbe Revised Statutes of the United Slates, atiIhoiL.ing the appointment < r payment of general < r special Deputy Marshals it.r s n ice in connection with an election or on election day until an appropriation suliicient to meet such contract or pay such liability shall have fiist been made by law. This fectlon of the bill is Intended to make an extensive and essential change in the existing laws. The follow ing are the provisions of the statutes on the 6ame subject which are now in force: Section 2,079. No department of the Government shall’expend, in any one fiscal year, any sum in excess of the appropriations made by Congress for that fiscal year, or involve the Gov--eminent in any contract for the future payment ol money in excess of such appropriations. Section 2,732- No.eontract or purchase on behalf of the United Slab s shall he mado unless the same is aulhori/.cd by law, or is under an appropriation adequate to its fulfillment, except in Ibe Maraud Navy Departments for clothing, subsistence, forage, fuel, quarters or transportation, which, however, shall not exceed the necessaries of the cunenl year. The object of these sections of. the Revised Statutes is plain. It is, first, to prevent any money from being expended unless an appropriation has been made therefor; aud, second, to prevent the Government from being bound by a contract not previously authorized by law except for certain necessary purposes in the War and Navy Departments. Under the existing laws, the failure of Congress to make the appropriations required for the execution of the provisions of the Election laws would not prevent their enforcement. The right aud duty to appoint general and special Deputy Marshals, which they provide for, would still remain, and the Executive Department of the Government would also be empowered to incur the requisite liability lor their compensation. But the segond section of this bill contains a prohibition not found in any previous legislation. Its di sign is to render the Election laws inoperative and a dead letter during the next fiscal year. It is sought to aecoinpli«h this by 'omitting to appropriate the money for their enfoiecment, and by expressly prohibiting any Department or officer of the Government from incurring any liability under any of the proviflons of title 26 of the Revised Statutes, authorizing the appointment or payment of general or special Deputy Marshals lor service on election days, until an appropriation sufficient to pay such liability shall have first been made.

The President is called upon to give his affirmative approval to a positive enactment Which, in effect, would deprive him o£ the ordinary and necessary means of executing the laws still left ou tee statute book and embraced within his Constitutional duty to see that the laws are executed. If he approves this bill, and thus gives to such positive enactments the authority of law," he participates in a curtailment of his means of seeing that the law is faithfully executed, while the obligation of law and of liia Constitutional duty remains unimpaired. Ttie appointment of special Deputy Marshals is not made by the statute a spontaneous act of authority on the part of any Executive or Judicial officer of the Govern meet, but is accorded aa the popular right ot citizens to call into operation this agency for securing the freedom of elections in any city or town having 20,0U0 inhabitants or upward. Section 2,021 of the Revised Statutes puts it in tbe power of any two citizens of such city or town to require of the Marshal of the district the appointment of the two special Deputy Marshals. Thereupon the duty of the Marshal becomes imperative, and its nonperformance will expose him to a judicial mandate ot punishment, or to removal from office by the President, as the circumstances of hi 6 conduct might Ttquire. The bill now before me neither revokes this popular right Qf citizens nor relieves the Marshals of the duty imposed by law, nor the President of his duty to see that this law is faithfully executed. I forbear to enter again upon any general discussion of the wisdom and necessity of the Election laws, or the daugerous and unconstitutional principle of .Ibis bill, or the assertion that the power vested in Congress to originate appropriations involves the right to compel tbe Executive to approve any legislation wtiich Congress may see fit to attach to kuch bills under the penalty of refusing the mean? needed to carry out tbe essential functions of tbe Government My views on these subjects have been sufficiently presented iu special messages sent by me to the House of Representatives during its present session. What was said in those messages I regard as conclusive to my duty in respect to the bill before me. The arguments urged in these communications against a repeal of the Election laws and against the right of Congress to deprive the Executive of that separate and independent discretion and judgment which the Constitution confers and requires are equally cogent.,in opposition to this bill. This measure leaves the powers and duties of the Supervisors of Elections untouched. The compensation of those officers is provided for under the permanent law, and no liability for which an appropriation is now required would, therefore, be incurred by their appointment; but the power of th* National Government to protect them in the discharge of their duty at the polls would he .taken away. States nny, employ both the civil and militant power at elections; but by this bill even the civil authority to protect Congressional elections is denied to us. The object is to prevent any adequate control by the United Slates over National elections by forbidding the payment of Depnty Marshals, the officers Who are clothed with authority to enforce the Election laws. The fact that these laws are deemed objectionable a majot ity of both houses of Congress Is urged as a sufficient warrant for this legislation. There are two ways always to overturn legislative enactments. One is their repeal; tde other is the decision of a competent tribunal Against their validity. The effect of this bill is to' deprive the Executive Department of the Government of tbe means to execute-the laws which are not repealed, which have not been de-

claret) Invalid, and which It la, therefore, the duty ot the Executive and of every other Department of the Government to obey and enforce. I haveln my former message* on thl* subject expremed a willingness to concur In suit-, able amendments for the improvement of ihe Election laws, but 1 cannot consent to their absolute, entire repeal, and 1 cannot approve legislation which seeks to prevent their enforcement. (Mitnt-d) lti'fiiEHroitn Bt Hates. Executive Mansion. June lit, 1ST!).