Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-06-28

while the obligation of law and of his constitu-
tional duty remains unimpaired. The appoint
statute a spontaneous act of authority on
the part OF sny, executive or judicial O. icer Of the
government, but is accorded as the popular
agency OF securing the freedom of elections
In any city Or town having 20, 600 inhabitants
puts it in the power OF any two citizens Of SUCH
city or town to require OF the marshals Of the
district the appointment Of these special deputy
comes imperative. and its non-performsnce will
expose him to Q judicial mandate, or punishment
or to removal from Office by the president. as the
The bill now before me neither revokes this pop
ular right OF the citizens or relieves the marshnls
o. THE duty imposed by law. nor the president
OF his duly to See that this law is faithfully exc
cuted. l forbear to enter upon any general dis
custom Of the wisdom and necessity of the cleo
ton laws, or the
DANGEROUS AND UNCONSTITUTIONAL fIINCIPr e
originate appropriations Involves u right to
compel the executive to approve any legislation
which congress may see ft to attach to such
bills, under penalty Of refusing the means need
ed TO carry out the essential functions of the gov
eminent, My views on these subjects have been
suniciently presented in q special message SEM
their present session. What was said in thai
message 1 regard as conclusive of nv duty in
r n,yss e to fbd the bill before me: The Arguments
peal OF the election laws and against the right OF
congress to deprive the executive of that separate
and independentdi discretion and judgment, which
the constitution conlers and requires, are eQuall,
coxent in opposition to this bill. This measure
leaves the powers and duties of the superylsOri
Of elections untouched. The compensation o.
laws. and no liability for which an appropria
ton Is now required would therefore be incur
red by their appOin ,ment, but the power of tn,
national government to protect them in the dis
charge of
THEIR DUTY AT THE POLLS
would be taken away. States may employ boil
civil and military power at elections, but b,
this bill even the civil authority to protect con
GressiOnal elections is denied to the Unitrt
States. The object IL to prevent any adeuust
control by the United States over the ~nationa
elections by 70. bidding the payment Of deput,
inarshals-oficers who are clothed with author
lty to enforce these election laws. The fact thu
these laws are deemed Objectionable by u ma
hclent warrant for this legislation. There ar
lawful ways to overturn legislative enactments
One is their repeal, the otter Is the decision OF
competent tribunal against their validity TIL
effect of this bill Is to deprive the executive de
partment OF the government of the means to ex
ecute laws which. are not repealed, which hay
not been declared invalid, and which it Is there
fore
THE DUTY OF THE EXECUTIVE
and of every other department of The g0vernmeu
to obey and to enforce. l have IN my forme
message on this subject expressed a willingness
TO concur IN suitaD Die amendments for the i'm
provements OF the election laws, but canuo
approve the legislation which seeks to proven
their enforcement.
RUTHERFORD &. HAYES.
Executive Mansion, juno 23rd.