The Portland daily press., 1879-07-01
ANOTHER VETO.
The United States Marshals Bill
Returned to the House.
Vetoed by President Hayes.


WASHINGTON, June 30.-The following
message from the President was delivered to
the House at noon
To the House Of Representatives:
return to the House of Representatives, in
which it originated, the bill entitled, IAN Act
Making Appropriations to Pay the Fees of
United States Marshals and their General
Deputies, with the following objections to its
becoming law:
The bill appropriates $780, 900 for the pay
ment during the fiscal year ending June 80,
1880, of United States marshals and their
general deputies. The officers thus provided
for are essential to a faithful execution of the
laws. They were created and their powers
and duties defined by Congress at its first
in the Judiciary act, which was approved
September a. 1889. Their general duties as
defined in the act which originally established
them were substantially the same as those
prescribed in the statutes now in force The
principal provision on the subject in the
Revised Statutes is as follows:
"Section 7S7.-It shall be the duty of the
mars lal of each district to attend district and
circuit courts when sitting therein and to
execute throughout the district all lawful
preceptS directed to him and issued under
authority of the United States, and he shall
have power to command all necessary as
sistance in the execution of his duty"
The original was amended February %,
1885, and the amendment is now found in the
Revised Statutes in the following form
"Section 7SS-The marshals and their deputies
shall have in each State the same powers in
executing the laws of the United States as
sheriffs and their deputies in such State may
have by law in executing the laws thereof. By
subsequent statutes additional duties have
been from time to time imposed upon marshals
and their Deputies, the due and regular
permanence of which are required for the
efficiency of almost every branch of the public
service.
Without these officers there would be no
means of executing the warrants, DEGREES or
| other process of court, and the judicial system
| of the country would be defective The Grim
inal Jurisdiction of the Courts of the United
States is very extensive. Crimes committed
within the Maritime Jurisdiction of the Unit
| ed States are cogniZable only in Courts of the
| United States Grimes against public justice.
| Crimes against the operations of the govern
ment such as forging or counterfeiting the
| money or securities of the United States,
| crimes against the postal laws, offences against
the elective franchise, against the civil rights
of citizens, against the existence of the govern
| ment, crimes against the internal revenue
| laws, the customs laws, the neutrality laws,
| crimes against the laws for the protection of
| the Indians and of the public lands. All of
| these crimes and many others can be punished
only under United States laws. Laws which,
| taken together, constitute body of jurispru-
dence which is vita to the welfare of the whole
| country, and which can only be enforced by
means of marShals and deputy marshals of the
United States. In the District of Columbia
| all of the process of the courts is executed by
| the officers in question. In short, the execu-
tion of the criminal laws of the United States,
the service of all civil process in cases in
| which the United States is party, and the
| execution of the revenue laws, neutrality laws,
and many other laws of importance depend on
| the maintenance of the marshals and their
deputies. They are in effect the only police
| of the United States government Officers
| with corresponding powers and duties are
| country which has jurisprudence which is
| worthy of the name. To deprive the National
| government of these officers would be as dis
astrous to society as to abolish the sheriffs,
constables and police officers in the states. 1t
would be denial to the United States of the
right to execute its laws-a denial of all au-
| thority which requires the use of civil force.
The law entities these officers to be paid; the
funds needed for the purpase have been col
lected from the people and are now in the
that part of the bill before me which appro-
PIRATES money for the support of marshals and
deputy marshals of the United States.
The bill contains, however, other provisions
which are identical in tenor and effect with
the second section of the bill entitled IAN act
making appropriations for certain judicial
expenses" which on the 23d of the present
month was returned to the House with my
0DJectl0n 10 It's approval. Inc PROVISIONS
referred to are as follows:
Section 2.-That the sums appropriated in
this act for the persons and public service en-
braced in its provisions are in full for such
persons and public service for the fiscal year
ending June 80, 1880, and no department. or
officer of the government shall during said
fiscal year make any contract or incur any
liability for the future payment of money un-
der any of the provisions of title %, mentioned
in section of this act, until an appropriation
sufficient to meet such contract or pay such
liability shall have first been made by law
Upon reconsideration in the House of the
bill which contained these provisions it lacked
constitutional majority, and therefore failed
to become a law. In order to secure its enact
ment the same measure is again presented for
my approval coupled in the bill before me
with appropriations for the support of marshals
and their deputies during the next fiscal year.
The object manifested is to place before the
Executive this alternative: Either to allow
the necessary functions of the public services
to be crippled or suspended for want of the
appropriations required to keep them in
operation or to approve legislation which in
official communications to Congress he has
declared would be violation of his Constitu-
tional duty. Thus in this bill the principle is
clearly embodied that by virtue of the provi-
sion of the Const tuition which requires that
''al bills for raising revenue shall originate in
the House of Representatives, a bare majority
of the House of Representatives has the right
to withhold appropriations for the support of
the government unless the Executive consents
to approve any legislation which may be
attached to appropriation ills
1 respectfully refer to the communications
on this subject, which have sent to Congress
during its present session, for statement of
the grounds of my conclusions, and desire here
merely to repeat, that my Judgment to
establish the principle of this bill is to make a
radical, dangerous and unconstitutional
change in the character of our institutions