Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-06-06
THELEGI>LATIyE APPROPRIATION
The Presidents Veto.

, | L Ne lllln purpose oil the Dill Is 10 appruprl-
ATE the money required TO support, during the
next fiscal year, the several civil departments
OF the Government. The amount appropriated
exceeds, in the aggregate, S1S0O0O00 of dol
| lars. This money is needed to keep in opera
tiCn the essential functions of all the great de-
partments of the Government-Legislativc.
Executive and Judicial. If the bill contained
no other provisions, no objection TO its ap-
proval would be made. 1t embraces. however,
| number of clauses relating TO subjects of
great general interest, which are wholly I'M
connected with the appropriations which it pro-
Nide> 1Of. The objections 10 the practice of
lacking general legislation to appropriation
bills, especially when the object is to deprive
4 coordinate branch of the Government Of its
right TO the free exercise Of its own discretion
and judgment touching such general legislation
were set forth in the special message in rela-
ton 10 the House bill No. l, which was re-
turned TO the House of Representatives on the
18th of last month. | regret that the objec
iions which were then expressed TO this meth
cd of legislation have not seemed TO Congress
Of sufficient weight TO di>suadc from this re-
newed incorporation of general enactments in
| an appropriation bill, and that my constitution
nj duty in respect TO the general legislation
| thus placed before me cannot be discharged
| without seeming 10 delay, however briefly, the
| necessary appropriations by Congress for the
| support of the Government. Without repeat
| ing those objections l respectfully refer TO that
| message for 4 statement OF my views on the
Gates of the bill, viz, that 40 withhold appro-
| priItiun~ i n constitutional means for the re-
dress" of what the majority of the House of
| Representatives may regard Is = grievance"
| THE OBJECTIONABLE FEATURES REVIEWED.
The hill contains the following clauses. viz:
| And, provided further, that the following
| sections ul the Revised Statutes of the | nitcd
| States. namely: sections a0l6, 20lS and a0a0 and
| all of the succeeding sections of said statutes,
| down TO and including sections 202,. and also
| section 5122. be. and the same are hereby re-
| ppacd: and that all the other section Of the
| Revised Statutes and all laws and parts of laws
| auihpriEin" the appointment Of chief super
! yi>or> of elections, special Deputy MarshalS of
| elections, or general Deputy Mar>hal> havin"
any duties 10 perform in respect 10 any cleo
! lion. AMI prescribing their duties and powers.
and allowing them compensation, be and the
same are hereby repealed
II also contains clauses amending sections
2ol1. 20la. 2OaS, and 2OGl of the Revised
Statutes The sections of the Revised
Statutes which the bill. if approved.
would repeal or amend are part Of
an act approved May 30, $50, and amended
February =. lS,i. entitled Ian act To enforce
the rights of citizens of the United States 10
vote in the several States of this Union and for
other purposes
All oi the provisions of the above named
acts. which il j. proposed in this bill 10 repeal
or modify. relate 10 the Congressional election.
The remaining portions Of the law. which will
measure, is that which provides for the ap-
poiniment by a Judge of the Circuit Court Of
the United Of two supervisors of elections in
each election district n any Congressional cleo
ton, on due application of citizens who desire,
IN the language of the law, ''iO have such elcc
ton guarded and scrutnizcd.' The dute: of |
the Supervisors will be TO attend at the polls. |
at all Congressional elections. and 10 remain af- |
ter the polls are open until every vote east has |
been conntcd. but they will have no authority |
a IN
10 be in the immediate presence of the officers |
holding the election and 10 witness all their |
proceeding. including the counting of the votes |
and the making of 4 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 cleo
ton to personally scrutinize the count and can
vasS each ballot, and all the sections which
confer authority upon the United States
Mar~nll> and Deputy Marshals in connection
with the Congressional elections. The enact
mcnt of this bill will also repeal section 5Ja2 of
the Criminal Statutes of the United States.
which was enacted for the protection of United
officers engaged in the discharge of their duties
AT the Congressional elections. This section
protects Supervisors and MarshalS in the per-
Torrance Of their duties by making the OBJ
Struction or assalIltins of these officers. or any
interference with them by bribery socitl-
iiOn or otherwise, crimes against the United
states. The true meaning and effect of the
proposed legislation are plain. The Supervi>-
or>, with authority 10 observe and witness the
proceedings nj the Congressional elections,
viii be left. but there will be no power TO pro-
tect them. or TO prevent interference with their
duties. or TO punish any violation of the law
from which their powers are derived.
ONLY SHADOW OF AUTHORITY.
If this bill i approved, only the shadow of
authority Of the United States at the National
elections will remain: the substance will be
gone. The supervision Of the elections will be
reduced TO mere inspection. without author |
ity. on the part Of the Supervisors, to do any |
act whatever TO make the election a fair one.
All that viii be left TO the Supervisors is the |
permission to have such oversight of the cleo
tons A. political parties are in the habit of eX-
crciSing. without any authority Of law in order
10 prevent their opponents from obtaining I'M
fair advantages. The object of the bill is to |
destroy any control whatever by the United
>iates.oN the Congressional elections.
STATE RIGHT QUESTION
The passage ofihi> bill has been urged upon ,
the ground that the election of members of {
Congress- l. matter which concerns the States
done: that these elections should be controlled
exclusively by the States; thai there are and :
an be no such elections rs national elections. |
md that the existing law of the United States =
'csulating the Congressional elections is with :
'ut warrant in the Constitution. 1t is evident, i
however. that the trainers of the Constitution | O
egarded the election Of members of Congress- b
n every State and in every district, as in b
cry important sense justly matte of pOliti- II
al interest and concern OF the whole country.
The original provision of the Constitution on | t
hl> subject i a follows: 1
Section article |. THE times. places and l.
manner of holding elections for Senators and 5
shall DE prescribed in each 4
tate by the Legislature thereof, but the Con- | e
urh regulations, except rs TO the places of | 5
ho>ins senators. \ further provision has | b
zen since added. which Is embraced in the Il
nccnth amendment. II i rs follows:
sec. /. The right of citizens of the United d
iair- 10 vote shall not he denied or abridged :
" the tnitcd States or by any State on account "
4 race. color or previous condition Of seryi- ;
udc. a
section ;. The Congressional shall have a
'Ower To- enforce this article by appropriate o
,si>laiion. il
Under the general provision of the Constitu- il
ION t-cc. l. art. u Congress in 1866 passed 4 q
comprehensive law which prescribed full and 81
ciIil'd regulations for the election of Senators II
" the legislatures of the several States. This IL
iM has been in iurce almost - wears. In pur- | 81
uiilcc Of il all of the members of the present
en:iie Of the United States hold their seats II, \
"h>tituilonalIiy l. moi c:slcd In question. Il | il
confidently believed that no sound argument | o
an be- made in support oi the cop>titutionaty Ii
national regulation of Senatorial elections | q
hirh VIII not show that elections of members | r,
the House Of Representatives may also be o.
'h~tiluiiunhilv regulated by the National au- | O
horny. The hill before me itself recognizes | II
ir principle that the Cun.rcs> ional election, | ~
re- not stat" election, but National elections | b.
leaves IN full force the existing statutes I'M b
rr winch supervisors are still To he appointed | O
national authority Ia observe and witness | N
h. Congressional elections whenever due aI- IN
llcilion + made By citizens who desire said | hi
lrru"n> 10 be guarded and >cruiiniZedr II | Il
ic power To supervise in any respect whatever | il
d" Congressional elections exists under SEE "a
ItTl e TO- ft8 I Il o 1s..a . it,
: which. like every other power belonging to | III
a. Government of the United States j. para- f.,
i'uni and supreme, AMI includes the right 10 ga
npl"A The necessary means TO carry il into III
fleet. fr
The statutes Of the United States which req
late the election Of members Of the House of III
MANY e.. an essential uaTt of " hich il liz
proposed I" repeal by this bin, have been in ia
'r'c about eight years. -Four Congress ,ionai iii
ccllpn> have been held under ihrln-iNyn of | "a
hirh were at the Presidential elections Of 1872 ri
ld $50. Numerous prosecutions trials and |
have been had in the courts of the | M
hrd >lalc~ IN all parts Of the Union for yiOla- I'll
pn- Of these laws,
In NO reported ease has their c0D-titutinnat |
y been called in question by amy Judge of The
'llrl' ri the United States. The validity of
c>e laws Is sustained by the uniform ceur.e
Judicial action and opinion. N,
NECESSITY or TIE ELECTION LAWS. ",
hit j. urged that the United state. election ..
" are not necessary, an ample reply is fur =,
~l'd 10y The history of their origin and of Di
eur results. They were especially promptrd all
! IN" nN'>iIsatlpn and exposure Of the frauds =
nmiiicd IN The city and state OF New York an
The elections Of 1865. Committees rcure- | no
'nnnG both Of The leading political parties of -
~ country have submitted reports to the ~
ou>c OF Representatives, on the extent of til
o>c irau!-. committee of the Furtieth ro
Jngrr-- after q fan investigation reached the '"
ON ftts Al