Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-05-02

IN the discharge oil their duties at the polls.
II the proposed leg slation should become the
law, there will be no power vested in any
officer Of the Government to protect from
violence the officers Of the United States en-
gagged in the discharge of thei- duties.
Their rights and duties under the law will
remain, but the National Government will
be pOwerlcss 10 enforce its own statutes.
The state may employ both military and
evil power to keep the peace and to eniO:ce
TIE laws at State elections Ii is now pro-
posed to deny to ths United States even the
necessary civil authority to protect the
National elections.
NO SUFFICIENT REASON
has been given for this discrimination in
favor OF the State and against the national
authority. The present laws have in prae-
tice unquestionably conduced to the proven
ton of fraud and violence. At the cleo
tons 10 several of the States members Of
different political parties have applied Tor
the safeguards which they furnish. 1t is
the right and dnty of the nat ioual govern
ment to enact and enforce laws which will
secure Tree and fair Congressional elections.
The laws now in force should not be re-
pesled except in connection with the en-
actment Of measures which will better &C
compllsh that important end. Believing
that section six of the bill before me will
weaken il it does not altogether take away
the power of the national government to
protect the federal elections by the civil au
thorities, am forced to the conclusion that
it ought not to receive my approval.
This section IL, however, not presenteJ, to
me a. a separate and Independent measure
bnt is attached to the bill making the usual
annual appropriations for the support Of
the army. 1t makes a vital change in the
election laws of the country, which Is in no
way connected with the use OF the army.
1t now prohibits, under heavy penalties,
any person engaged in the civil service OF
the United States from having any force at
the place of any election prepared to pre-
serve order, to make arrests, to keep the
peace. or in any manner to enforce the
laws. This isaltogetner foreign to the pur
pose OF any army appropriation bill.
THE PRACTICE OF TACEISG To APPROPRIATION
BILLS
measures not pertinent to such bills did
not prevail until more than forty years after
the adoption of the Constitution. 1t has
become common practice; all parties
when in power have adopted it. Many
abrses and great waste Of public
money have in this way crept into ap
preparation bills Tho public opinion OF
the country il against it. The States
which have recently adopted constitutions
have generally provided remedy for the
evil by enactlng that no law shall
contain more than one subject, which
shall be plainly expressed in its title.
The constitutions for more than half of the
States contain substantially this provis-
ion The public welfare will be pro-
NOTED in many ways by return to the
early practice of the government and to
the true principle of legislation which
requires that every measure shall stand or
fall according to its own merits.
The best justification that has been offer
ed for attaching irrelevant riders to ap-
preparation bills is that it IL done for
convenience sake, to facilitate the pas
sage of measures which are deemed expedi-
ent by all the branches of the government
which participate in Legislation. 1t cannot
be claimed that there is any such reason for
attaching this amendment of the election
laws to the Army Appropriation bill. The
history OF the measure cOn.radcts this
assumption. majority OF the House of
Representatives in the last Congress a. in
favor of Section Of this bill 1t was known
that q majority of the Senate was opposed to
il, and that as separate measure it could
not be adopted. Ii was attached to tho Army
hpEluPlihLlpu JIM " iuc
to assent to it. 1t was plainly announced
to the Senate that the army appropriation
bill would not be allowed to pass unless the
proposed amendments OF the election
laws were adopted with it. The
Senate refused to assent to the bill,
on account OF this Irrelevant section.
Congress tiereupOn adjourned without
passing an appropriation bill for the army,
and the present extra session Of the 10th
Congress became necessary to furnish the
means to carry on the government.
The ground upon which the action of the
House of Representatives is defended has
been distinctly stated by many OF is advo-
Gates. \ week before the close of the last
session of Congress the doctrine in quss-
ton was stated by one o! its ahles defenders
as follows:
1t is our duty - repeal these. 1t is not worth
while to attempt the repeal except upon an appro-
priaton bill. The Republican senate would not
agree TO nor the Republican President sign bill
for such repeal. Whatever objection 10 the legisla
ton upon appropriation bills may be made in the
ordinary case does not apply where free elections
are concerned. We have the power 20 vote money,
let US annex conditions 10 ii and insist upon the
redress OF grievances.
That question of the gravest magnitude,
and new in this country, was raised by this
course of proceeding was fully recognized
also by its defenders in the Senate.
1t was said by a distinguished Senator
"Perhaps no greater question, in the form W. are
brought 10 consider IL, was ever considered by the
American Congress in i time of peace, for 1t in
wolves not merely The merits dement's OF the laws
which the House bill proposes to repeal but in
Toves the rights, the privileges, the powers, the
duties oi the two branches Of Congress and OF the
President OF the United States. 1t i, question
whose importance can scarcely be estimated. 1t is
a question that never yet has been brought
So sharply before the American Congress
tha
1t IS question which, ~5oner or later, must
lie decided and the decision must determine hat
are the powers Of the House OF Representatives,
under the constitution and what is the duty OF that
House in the view Of the trainers OF that consttu-
ton. according To Its letter and spirit. We are at
the teginn NJ. perhaps Of struggle that may last
long in this country as similar struggle lasted
in what accustomed 10 call the mother land.
There tie struggle lasted for two centuries before
it, was ultimately decided 1t is not likely to last
long here, hut il may last till every man in this
chamber is in his grave, II is the question whether
the House OF Representatives has the right to
say, We will sraat supplies only upon condition
that grievances are redressrd. We are the repre-
srntatiyes OF the taxpayers OF the republic. We,
the lloue Of Representa- ives, alone have the right
to originate bill- which grant the money OF the
people
Upon the assembling OF this Co ngress in
pursuance OF u call for an extra session which
was made necessary by the failure of the
Forty-iith Congress TO make the needful ap-
preparations for the support of the govern
ment, the question WAS presented whether
the attempt made in the last Congress to en-
graft by construction new principle upon
the Constitution should be persisted IN or
not.
This Congress has ample opportunity and
time to pass the appropriation bills, and also
to enact any political measure which may be
determined upon IN separate bill by usual
and orderly methods OF proceeding but the
OF both houses have deemed it wise
to adhere to the principle asserted and main
tanned in the last Congress by the majority
of the House of Representatives.
That principle is that the House OF Repre-
sentatives has the sole right to originate bills
for raising revenue. and therefore has the |
right TO withhold appropriations upon which |
the existence of the government may de |
pend, unless the Senate .,nd the President |
shall give their assent to any legislation |
which the House may see tit TO attach to ap- |
bills.
RADICAL AND DANGEROUS CHANGE.
To establish tins principle Is to make a |
radical, dangerous and unconstitutional |
change i'll the character of our institutions. |
The various departments are established 10y |
the Constitution or by laws passed in pur
suance thereof Their duties are clearly de-
llutu NuIItlA - NhiSAuiAl iiS'AhNu
for by the law. The money required for this
purpose has been collected from the people,
and is now i'll the Treasury. ready to be paid
out as soon AS the appropriation bills are
passed. Whether appropriations are made
Or not. the collection OF the taxes will 20 on
The public money will accumulate IN the
Treasury. 1t was not the intention of the
trainers of the Constitution that any single
branch OF the government should have the
power To dictate conditions upon which this
rcilSure should be applied 10 the purposes
or which it was collected. Any such inten-
ION, if II had been entertained, would have
been plainly expressed in the Constitution
hat majority OF the Senate now concurs i'll
lac claim of the House adds Ia the gravity of
ne situation hut tees not alter the ques-
ion Mt issue. The new doctrine, II enter
aimed, will result i'll II consolidation placing
unchecked and despotIc power III the House
II Representatives. A bare majority of the
House will become the government. The
executive will no longer be what the trainers
II the Constitution intended. an equal and
branch uf the government. 1t
: clearly the constitutional duty ot the Presi-