The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-07-03
THE VETO POWER.

TO the House of Representatives.:
return to the House of Representatives, in
which it originated, the bill entitled sAn act
making appropriations to pay the fees of
United States Marshals and their general depu-
ties, with the following objections to its &C.
coming law:
The bill appropriates the sum of $6Oo,00 for
the payment, during the fiscal year ending June
81, 1880, Of United States Marshals and their
general deputies The officers thus provided
for are essential to the faithful execution of the
laws. They were created and their powers and
duties defined by Congress at the first session
alter the adoption Of the constitution, in the
Judiciary act, which was approved Sept "a,
1853 Their general duties, as defined in the
act which originally establishes 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 7e7. 1t shall be the duty of the Marshal
or each district to attend the District and Circuit
Courts when sitting therein, and to execute
throughout the district all lawful precepts directed
to him and issued unuer the authority of the
United States; and he shall have power to COM
mand all the necessary assistance in the execution
of his duty.
The original act was amended Feb. %
1885, and the amendment is now found in the
Revised Statutes in the following form:
Section 7SS. The Marshals and their deputies
shall have i'll each State, the same powers in ex -
cutting the laws of the United States Sheriffs and
their deputies in such State may have by law in
executing the laws thereof. ..ttf .
BY subsequent statutes additional duties have
been from time to time imposed upon the Mar
shals and their deputies, the due and regular
performance of which are required for the eff
cheney of almost every branch of the public
service. Without these officers there would be
no means of executing warrants, DEGREES, or
other processes of the courts, and the judicial
system of the country would be fatally de-
fective. va. -.
The criminal jurisdiction of the courts of the
United States is very extensive. Crimes COM
mitted within the maritime jurisdiction of the
United States are all cognizable only in the
courts of the United States Crimes against
public justice; crimes against the operations of
the Government, such as forging or counter
feiting money or securities of the United States:
crimes against the Postal laws; offenses against
the elective franchise; against the civil rights
of citizens; against the existence of the Gov
eminent; crimes against the Internal Revenue
laws and Customs laws; crimes against the
laws for the protection of the Indians and the
public lands. .-, s-ef
All of these crimes, and many others, can be
punished only under the United States laws,
which, taken together, constitute body of ju-
risprudence which is vital to the welfare of the
whole country, and which can be enforced only
by means of the Marshals and Deputy Mar
shals of the United States "7e
In the District of Columbia, all of the pro-
cesses of the courts are executed by the officers
in question. In short the execution of the
criminal laws of the United States, service of all
civil processes in cases in which the United
States is party, and the execution of the Rev
enue laws, Neutrality laws, and many other
laws of large importance, depend on the main
tenance of the Marshals and their deputies
They are, in effect, only police of the United
States Government .A&4
Officers with corresponding powers and du-
ties are found 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 to society as to abolish Sher-
ifs, constables and police officials in the sew
eral States. 1t would be denial to the United
States of the right to execute its laws, and
denial of all authority which requires the, use
of civil force. .-'ta. -~*
s;The law entities these officers to be paid.
Funds needed for this purpose have been COL
lected from the people and are now in the
treasury No objection is, therefore, made to
that part of the bill before me which appro-
PIRATES money for the support of the 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 can act
making appropriations for certain judicial ex-
penses." which, on the 23d of the present
month, was returned to- the House of Repre-
sentatives with my objections to it's approval.
The provisions referred to are as follows:
SEC. 2. That the sums appropriated in this act :
for the persons and the public service embraced in
its provisions IN full for such persons and pub
lie service for the fiscal year ending June 3O 1880
and no department or officer of the Government 4
shal during SAID hscal year. make any contract Or
incur any Liability for the future payment of money
under any of the provisions of ,iIle 26 mentioned in
the section Of this act until appropriation suf
icient to meet such contract pay such liability
shall have first been made by law
Upon reconsideration in the House Of Rep
resentatives, of the bill which contained these
provisions, it lacked the constitutional maiori-
ty and therefore failed to become q law. In
order to secure its enactment the same measure
IS again presented fol my approval, coupled in
the bill before me with the appropriations for
the tn e.. support Of the Marshals and
their deputies during the next fiscal
year. The. object, manifestly, is to place
before the Executive this alternative, either
to allow necessary functions of The public |
service to be crippled or suspended for
want of appropriation required to keep
them IN operation, or to approve legislation
which, IN officia! communications to
Congress, he has declared would be viola
ton of his constitutional duty. Thus, IN
this bill the principle is clearly embodied
that by virtue of the provision of the consti-
tuition which requires that call bills for
raising revenue should originate in the House
OF Representatives, a bare majority of the |
House OF Representatives has right to withhold
any appropriation for the supporter the Govern |
ment, unless the Executive consents to approve
any legislation which may be attached to appro
priation bills $50 ~
| respectfully refer to the communications on
this subject which have sent to Congress dur
ing its present session for statement of the /
grounds of my conclusions, and desire acre |
merely to repeat that, in my judgment to cs-
tabllsh the principles of this bill is to make |
radical, dangerous and unconstitutional change
IN the character of our institutions.
lSlgned) RUTHERFORD B. HAYES
EXECUTIVE MANSION. June 80. 1879.