The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-07-01
THE LAST STRAW.
The Constitution Must and Shall Be
Preserved.
The President promulgates Veto Mum
ber Five, which Lays the Dummy
Bill" on the Shelf Along with
Its Unfortunate Brothers.

, WASHINGTON, June 3O.-'rhe following
is text Of the veto message received from
the President TO- day:
TO ate Hou&r Of Representatives:
return to the House Of Representatives
In which 1t originated, the bill entitled an
act making appropriations 10 pay the fees
OF United States Marshals and their gon.
eral deputies, with the following o6jec.
ton TO Its becoming law. The bill ap-
prOrriates the sum Of $500, 900 for the pay.
ment during the fiscal year ending June
3Oth, eighty OF the United States
Marshals and their general deputies. OF.
ticers thus provided for are essential to
the faithful execution OF laws. They were
created and their powers and duties de.
fined by Congress at its first session after
the adoption OF the constitution in the
Judiciary act, which was approved Septem.
ber q, l7SY. 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:
SEC. 7S7. 1t shall be the duty OF the
Marshal OF each district to attend the Dis
trict and Circuit Courts when sitting there.
in, and to execute throughout the district
all lawful precepts directed to him and is
sued under the authority Of the United
States, and he shall have the power to
command all necessary assistance in the
execution Of his duty.
The original act was amended February
%, 1885, and the amendment Is now to be
found in the revised statutes in the follow.
ing form:
SEC. 7Ss. The Marshals and their depu.
ties shall have in each State the power In
executing the laws of the United States,
as the Sherifis and their deputies In such
States may have by law in executing the
laws thereof By subsequent statutes ad.
ditional duties have been from time to
time imposed upon Marshals and their
deputies, due and regular performance
OF which are required for the efficiency Of
almost every branch OF public service.
Without these officers there would be
no means OF executing warrants, DEGREES
or other processes OF the courts, and the iu-
dicial system OF the country would be IA.
tally defective. The criminal jurisdiction
ot the courts OF the United States is very
extensive. The crimes committed within
the jurisdiction OF the United States are
all cOgniZabe only in the courts OF the
United States; crimes against public JUS
tice, crimes against the operations OF the
government, such as forgeries, or counter.
teiting money or securities OF the United
States, crimes against the postal laws Of
Tense against the elective franchise, against
the civil rights Of citizens, against the ex.
istenCe OF the government; crimes against
the internal revenue laws, customs laws;
crimes against the laws for the protection
OF the Indians and public lands. All OF
these crimes and many others can be pun.
ished only under the United States laws,
laws which, taken together. constitute the
body OF jurisprudence which is vital to
the whole country, and which can be en-
forced only BY means of M4rshals and
Deputy Marshals OF the United States.
In the District OF Columbia all OF the |
process OF courts is executed by the off. |
GERS in question. In short, the execution |
Of criminal laws Of the United States SER |
vice, and OF all OWL process In which the |
United States Is party, and the execution |
OF revenue laws, neutrality laws and many |
other laws OF large importance depend on |
the maintenance OF marshals and their
deputies. They are, in effect, only police
OF the United States Government. Officers
with corresponding power and duties are
fOunu in every State Of the Union and in
every country which has jurisprudence
which is worthy OF the name.
To deprive the National Government OF
these officers would be as disastrous 10 90.
ciety as to abolish sheritTs, constables and
police officers in the several States. It
would be denial to the United States Of
the right to execute its laws, and denial
OF all authority which requires the use OF |
the civil law. Thelaw entities these officers
to be paid funds needed for the purpose
they have been collected for from the
people and are now In the Treasury. No
objection is therefore made to that part OF |
the bill before me, which appropriates
money for the support OF marshals and
deputy marshals OF the United States.
The bill contains, however, other pro.
visions which are identical In tenor and
effect with the second section of the bill
entitled. An Act making appropriations
Tor certain judicial expenses" which, on
the 2Sd OF the present month, was return.
ed to the House OF Representatives with
my, objections to its approval. The pro.
visions referred to are as follows;
SECTION 2. That the sum appropriated |
in this act for the persons and public SER
vice embraced In its provisions are in full |
for such persons and the public service |
for the fiscal year ending June 80, 1880,
and no department or officer OF the Gov.
ernment shall, during the said fiscal year,
make any contract or incur any liabilities |
for future payment OF money under any
provisions Of title 20, mentioned in the
section OF this act, until an appropria-
ton sufficient to meet such contract to pay
such liabilities shall have first been made |
by law.
Upon reconsideration in the House Of
Representatives, OF the bill which contain
ed these provisions, It lacked a constitu.
tional majority and therefore failed to be-
come law, and in order TO secure Its en-.
actment the same measure Is again pre-
sented for my approval, coupled in the
bill before me, with the appropriation for
the support OF marshals and their deputies
during the next fiscal year. The object
manifestly is to place before the Executive
this alternative, either to allow the neces.
sary functions OF the public service to be
crippled or suspended for want Of appro.
priations or injured to keep them in oper.
alton, or to approve legislation which in
his official communications 10 Congress,
he has declared would be a violation Of his
constitutional duty; thus, In this bill, the
principle is clearly inbodied that by yir-
tue Of the provisions OF the constitution
which requires that all bills for raising
the revenues shall originate in the House
Of Representatives. A bare majority OF
the House OF Representatives has no
right to withhold appropriations for the
support OF the Government unles, the
Executive consents TO approve any legis.
latton which may be attached to the
preparation bills. l respectfully ref
70 the communications on this subject
which have sent to Congress during It's
present session for statement Of the
grounds OF my conclusions, and desire