Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1879-07-10
THE FIFTH VETO.

The President Objects to the D. s. Mar
shals Bill and Gives His Rea-
sons Therefor,
Referring the House to Former Mes.
sages for Full Explanation.
WASHINGTON, June 30.-Following is
the text of the message received from the
president:
TO the House Of Representatives:
return to the house Of representatives
in which it originated the bill entitled " an
act making appropriations to pay feee of
United States marshals and their general
deputies" with the following objections to
its becoming law:
The bill appropriates the sum of $500, 900
for payment during the fiscal year ending
June 3Oth, 1880, of United States marshals
and their general deputies. The officers
thus provided for are essential to the faith.
full execution of the laws. They were
created and their powers and duties de-
tine fined by ter congress saon+ts at its first sfs
constitution in the judiciary act,
which was approved September oath, 1889.
Their general duties as defined in the act
which originally established them were sub
stantially 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
marshal of each district TO attend the Dis
trict and Circuit Courts when sitting there.
in, and to execute throughout the district
fued under authority of the United States,
and he shall have power to command all
necessary assistance in the execution OF his
duty"
The original act was amended February
%, 1895, and the amendment is now found
in the revised statutes in the following
form: "Section 7SS-Marshais and their
deputies shall have in each state the same
powers in executing the laws of the United
States as sheritfs 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 performance of which is required
for the efficiency of almost every branch of
public service. Without these officers there
would be no means of executing war
rants, DEGREES or other process
of courts and the judicial sys-
tenn of the country would be fatally
defective. The criminal jurisdiction Of
courts of the United States is very extensive.
Crimes committed within the maritime
jurisdiction Of the United States are all
cognizable only in courts of the United
States. Crimes against public justice, crimes
ING ho nf ho
such as forging or counterfeiting the money
or securities of the United States, Grim es
against postal laws, ot1enses against the
elective franchise, against the civil rights of
citizens, against the existence of the gov.
ernment, crime against the internal rev.
enue laws, customs laws, crimes
against laws for the prote ction of Indians
and public lands, all of these crimes and
many others can be punished only under
United States ]aws-laws which, taken alto.
gether, constitute a body of Jurisprudence
which is vital to the welfare of the whole
country, and which can be enforced only by
means of marshals and deputy marshals of
the United States. In the District of Co.
lumbia all of the lrocet ses of the courts are
executed by the officers in question. In
short, the execution Of the criminal law OF
the United States service Of all civil pro-
cesses in cases in which the United States
is party, and the execution of the revenue
laws, neutrality laws and many other
laws of large Importance, depends on
the maintenance of marshals and their dep.
uties. They are In cHevt the vu1y polio. 81
the United States. Government officers with
corresponding powers and duties are found
in every state of the Union and in every
country which has q jurisprudence which is
worthy Of the name. To deprive the ma.
tional government of these officers would
be as disastrous to society as to abolish
sheriffs, constables and police officers in the
several states. It would be denial to the
United States of the right to execute
it's laws, denial of all authority which re
quires the use Of civil force. The law en-.
titles those officers to he paid. The funds
needed for the purpose have been collected
from the people and are now in the treas.
ury. No objection is therefore made to
that part of the bill before me which appro.
pirates money for the support OF mar shals
The bill contains, however, other
provisions which are identical in
tenor and effect with the section
of the bill entitled "an act max.
ing appropriations for certain judicial
expenses, which on the 23d of the present
month was returned to the house of repre-.
sentatives with my objections to its ap.
proval. The provisions referred to are as
follows:
"Section I'd. That the sums appropriated
in this act for the persons and public ser.
vice embraced in its provisions are in full
for such person and public service for the
fiscal year ending June 30th, 1880, and nc
department or officer CT the government
shall, during said fiscal year, make any con
tract or incur any liability for the future
payment of money under any of the provi.
sions of title 26 mentioned in section -
of this act, until an appropriation sufficient
to meet such contract or pay such liability
shall have first been made bv law"
Upon reconsideration in the house of rep
resentatives Of the bill which contained
! these provisions it lacked u constitutional
majority and therefore failed to become law
In order to secure its enactment the same
measure is again presented for my ap
proval, coupled in the hill before me will
the appropriations for the support OF mar
shsls and deputies during the next fiscs
year. The object manifestly is to place
before the executive this alternative
Either to allow the necessary functions o
the public service to be crippled or sus
pended for want of the appropriation re
quired to keep them in operation
or to approve legislation which il
official communications to congress he ha
declared would be violation of his consti
tutional duty. Thus, in this bill, the prin
ciple is clearly embodied that, by virtue O.
the provision of the constitution, which re
quires that all bills for raising revenue
should originate in the house of representa-
tives, a bare majority of the house Of repre-
sentatives has the right to withhold appro
priations for the support of the government
unless the executive consents to approve an!
legislation which may be attached to th'
appropriation bills. l respectfully refer t.
the communications on this subject, which
have sent to congress during it's presen
session for q statement of the grounds .
my conclusions and desire here merely t.
repeat that in my judgment to establish tn
principle of this bill is to make a radical
dangerous and unconstitutional change il
the character of our institutions.
| (Signed) RUTHERFORD B. HAYES.
ExECUrIvB MANSION, June 80, 1879.
The house refused to pass the bill owe
the veto, the vote standing, yeas 50, nay
63, not the necessary two-thirds in tn
affirmative.