Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-06-27
VETO NNlNBER FOUR.

Z tain judicial expenses" | return IL herewith
to the House Of Representatives, in which il
originated with the following objections to
its approval g.:
The general purpose Of the bill is to pro-
vide for certain judicial expenses Of the gov
eminent for the fiscal year ending June 30
| 1880, for which -, ESQ, 600 is appropriated
/ These appropriations are required TO keep in
operation the general functions Of the Judi
cial department of the government, and if
this part of the bill stood alone. there would
be no objections to its approval 1t contains
however other provisions, to which desire
| respectfully to ask your attention. At the
present session of Congress- majority of
both houses favoring a repeal of the congress
sional election laws embraced in title % of
the Revised Statutes, passed n measure for
that purpose as part of the bill entitled "An
act making appropriations for the legislative
executive and judicial expenses of the gov
eminent for the fiscal year ending June 80,
| 1850, and for other purposes" Unable to
concur with Congress on that measure, on
! the Goth of May last, / returned the bill to
the House of Representatives, in which it
originated, without my approval On re-
consideration the bill was approved by less
! than two-thrds of the House, and failed to
| become n law. The election laws therefore,
remain valid onactments, and the supreme
law of the land, binding not only upon all
! private citizens, but also alike and equally
binding upon all who are charged with the
duties and responsibilities of the legislative,
executive and judicial departments of the
! government.
1t is not sought by the bill before me to re-
| peal the election laws. Its object is to de-
! feat their enforcement The last clause of
! the first section is rs follows "Aud no part
of the money hereby appropriated is appro-
| priated to pay any salaries, compensation,
| fees or expenses under or in virtue of title %
of the Revised Statutes or of any provision
of said title" Title % of tho Revised Stat
utes referred TO in the foregoing clause re-
lates to the elective franchise, and contains
laws now in force regulating congressional
| elections. The second section of the bill
reaches much further. 1t is rs follows
Section ,. That the sums appropriated in
this act Tor the persons and public service
embraced in its provisions are in full force
| for such persons and public service for the
| fiscal year ending June 30, 1850, and no de-
partment or officer Of the government shall,
| during said fiscal year, make any contract or
| incur any liability for the future payment of
money under any of the provisions Of title %
of the Revised Statutes of the United States,
authorizing the appointment or payment of
general or special deputy marshas for ser
vice in connection with elections or on cleo
ton day, until an appropriation sufficient to
| meet such contract or pay such liability shall
have first been made by law.
This section of the bill is intended to make
an extensive and essential change in existing
laws. The following are the provisions of
the statutes on the same subject which are
now in force -
Section 2G79 No department of the gov
eminent shall eXpend in any one fiscal year
any sum in excess of the appropriations made
by Congress for that fiscal year, or involve
the government in any contract for the future
payment Of money in excess Of such appro-
| priations.
Section 2732. No contract or purchase on
behalf of the United States shall be made un-
less the same is authorized by law or is un-
der an appropriation adequate to its fulfill
ment, except in the war and navy depart
ments for clothing, subsistence, forage, fuel,
quarters, or transportation, which, however,
| shall not exceed the necessities of the current
year.
The object of these sections Of the Revised
Statutes is plain. 1t Is first, to prevent any
money from being expended unless appropri-
| atoms are made therefor. and second, to pre-
vent the government from being bound by
| any contract not previously authorized by
| law, except for certain necessary purposes in
the war and navy departments under existing
| laws. The failure of Congress to mako tn
| appropriations required for the execution of
| the laws would not prevent their enforcement.
| The right and duty to appoint general and
| special deputy marshalS, which they provide
| for would still remain. and the executive de
partmont Of the government would also be-
empowered to incur the requisite liability for
their compensation.
But the second section of this bill contains
prohibition not found in any previous leg.
| isatiou. It's design is to render the election
laws imperative and a dead letter during the
next fiscal year. 1t is sought to accomplish
| this 10y emitting to appropriate money FOR
| their enforcement and by expressly prohibit
| ing any department or officer of the govern
ment from mourning any liability under any
| of the provisions Of title % of the Revised
| Statutes, authorizing the appointment or pay
| ment of general or special deputy marshals
for service on election days until an appro-
| pration sufficient to pay such liability shall
have first been made. The president is call
! ed upon to give his affirmative approval to
| positive amendments which in effect deprive
| him of the ordinary and necessary means Of
| executing the laws still left in the statute
| book, and embraced within his constitutional
| duty to see the laws executed. If he approves
| the bill, and thus gives to such positive enact
ments the authority of the law, he partici-
pates in the curtailment of his means of 81, t.
| ing the laws faithfully executed while the OBJ
| legation of the law and of his constitutional
| duty remains unimpairod. The appointment
of special deputy marshals is not made by
| the statute a spontaneous act of authority on
| the part of any executive or judicial officer of
the government, but it is accorded as pop
| ular right of citizens to call into operation
this agency for securing the purity and free
| dom Of elections in any city or town having
20, 900 inhabitants or upward. Section 2O2l
of the Revised Statutes puts it in the power
of any two citizens of such city or town to re-
| quire of the marshal of their district the ap-
| pOintment Of these special deputy marshals
| Thereupon the duty of the marshal becomes
imperative, and its non performance would
expose him to n judicial mandate or punish
ment or to removal from Office 10y the pres-
dent, as the circumstances of his conduct
might require. The bill now before me nei-
Their reyokes this popular right of citizens nor
relieves the marshal of the duty imposed by
the law, nor the president of his duty to see
this law faithfully executed.
| forbear to enter again upon any general
| discussion of the wisdom and necessity Of the
| election laws, or of the dangerous and uncon-
stitutional principle of this bill that the pow
| er vested in Congress to originate apprOpria-
| tons involves the right to compel the oXecu-
| tive TO approve any legislation which Con-
| gress may sec fit TO attach TO such bills, un-
| der penalty Of refusing the means needed to
carry on the essential functions of the gov
| eminent. My views on these subjects have
| been sufficiently presented in the special mes
sages sent by me to the House during the
| present session. What was said in those mes
sages | regard as conclusive rs to my duty in
respect TO the bill before me, The argu-
ments urged in these communications against
the repeal of the election laws and against the
right of Congress TO deprive the executive of
that separate and Independent discretion and
| Judgment which the constitution COnfers and
requires, are equally cogent in opposition to
| this bill
This measure leaves the powers and duties
of the supervisors of elections untouched
The compensation of those officers is provid-
ed for under permanent laws, and no liability
for which an appropriation is now required
would therefore be incurred by their appoint
ment, but the power of the national govern
ment to protect them in the discharge of their