Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1879-07-03

regulating Congressional elections.
The second section of the bill reaches
mnch further. 1t is as follows: SEC
TION 2. That the sums appropriated in
this act for the persons and public ser
vice embraced in its provisions are in
full for such persons and public service
for the fiscal year ending June 30th
1880, and no department 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 26 of the
revised statutes of the United States au-
thOrizing the appointment or payment
of general or special marshalS for SER
vice in connection with the elections or
on election 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 extensive and essential changes in
the existing laws. The following are
the provisions of the statutes Oh the
subject which are now in force:
Section 2679. No department of the
Government shall expend i'll any one
fiscal year any sum in excess of the ap-
preparations made by Congress for that
fiscal year, or involve the Government in
any contract for the future payment of
money in excess of such appropriations.
SEC. 1882. No contract or purchase on
behalf of the United States shall be
made unless the same is authorized by
law or is under an appropriation ade-
quate to its fulfllment, except in the
War and Navy Departments for cloth
ing, subsistence, forage, fuel, quarters or
transportation, which, however, shall
not exceed the necessities of the current
year. = rsET1 1stf
The object of these sections of the re-
yised statutes is plain. 1t is, first, to
prevent any money from being expend-
ed unless appropriations have been made
therefor; and, second, to prevent the
Government from being bound by any
contract not previously authorized by
law, except for certain necessary purpo-
ses in the War and Navy Departments.
Under the existing laws the failure of
Congress to make the appropriations re-
quired for the execution of the provis-
ions of the election laws would not pre-
vent their enforcement. Right and du-
ty to appoint the general and special
deputy marshals, which they provide
for, would still remain, and the Execu-
tive Department of the Government
would also be empowered to incur the
requisite liability for their compensa-
ton; but the second section of this bill
contains prohibition not found in any
previous legislation. Its design is to
render the election laws imperative and
a dead letter during the next fiscal year
1t is sought to accomplish this by omit
ting to appropriate meney for their en-
forcement and by expressly prohibiting
any department or officer of the Govern
ment from incurring any liability under
any of the provisions of title 26 of the
revised statutes, authorizing the ap-
pOintment or payment of general or spe-
cial deputy marshals for service on cleo
tion days until an appropriation suffi-
cient to pay such liability shall have first
been made. The President is called
upon to give his affirmative approval to
positive enactments which in effect de-
priye him of ordinary and necessary
means of executing laws still left in the
statute book, and embraced within his
constitutional duty to see that the laws
are executed. If he approves the bill
and thus gives to such positive enact
ments authority of law, he participates
in the curtailment of his means of see
ing that the law is faithfully executed
while the obligation of law and of his
constitutional duty remains unimpaired
The appointment of special deputy
marshals is not made by statute of a
spontaneous act of authority on the part
of any executive or judicial officer of the
but is accorded as the pop
ular right of citizens of citizens to cali
into operation this agency for securing
the freedom of elections. In any city or
town having 10000 inhabitants or up
ward, section 2,021 of the revised stat
utes puts it in the power of any two cit
iZenS of such city or town to require of
the Marshal of the district the appoint
ment of these special deputy marshals.
the duty of the marshal be-
comes imperative and its non-perform-
ance will expose him to judicial man
date or punishment, or to removal from
office by the President, as the circum-
stances of his conduct might require.
The bill now before me neither revokes
this popular right of citizens nor relieves
the Marshal of the duty imposed by law
nor the President of the duty to see that
this law is faithfully executed.
forbear to enter upon any general
discussion of the wisdom and necessity
of the election laws or the dangerous
and unconstitutional principle of thi sbill,
that power invested in Congress to Or
iginate appropriations involves the right
to compel the Executive to approve any
legislation which Congress may see fit
to attach to such bills under penalty of
the means needed to carry out
an essential function of the Govern
ment. My views on these subjects have
been sufficiently presented in special
messages sent by me to the House of
during their present
session. What was said in those mes
sages 1 regard as conclusive to my duty
in respect to the bill before me. The
urged in these communica-
ions against repeal of the election laws
and against the right of Congress to de-
prive the Executive of that separate and
discretion and Judgment
which the Constitution confers and re-
Iuires, are equally cogent in opposition
10 this bill. This measure leaves the
powers and duties of supervisors of cleo
ions untouched. The compensation of
hose officers is provided for under per-
nanent laws and no liability for which
IN appropriation is now required would
therefore be incurred by their appoint |
nent, but the power of the National
Government to protect them in the dis
,harge of their duty at the polls would
De taken away. States may employ both |
,ivil and military power at elections,
Jut by this bill even civil authority to
protect Congressional elections is denied |
o the United States The object is to |
prevent any adequate control by the
United States over National elections
~ fOrbidding the payment of deputy
officers who. are clothed with
to enforce election laws. The
act that these laws are deemed objec-
ionable by the majority of both houses
# Congress is urged as sufficient war
ant for this legislation.