The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-30

and navy are established by the Constitution or
duties nre clearly defined and their support is
Guired Tor this purpose ss been collected rom
the people. and is now in the Treasury ready 70
De PAID out qS so9n as inc gpRI9p1a9n 1s
or not. the collection Of the taxes will go on.
The public money will accumulate in the Treas,
ury. IL was not the intention of tho trainers OF
the Constitution that any single branch OF the
Government should hayo the power 10 dictate
applied to the purposes Tor which y, was
had been entertained, would have been
majority OF the Senate now concurs In the claim
Of tho House adds to the gravity of the situa-
ton. but docs not alter the. question at issue
The new doctrine. II maintained. will result in
consolidation OF unchecked ana despOuc
ment. The executive will no longer be- what
the trainers Of the Constitute on intended. an
ment. 1t is clearly tho constitutional duty
OF the President to exercise his discretion
END I'll bills o 1S
any other branch OF tho Government.
To say that majority OF either or both OF the
Houses OF Congress may insist on the approval
OF bill under the penalty Of stopping all OF the
operations Of tho Government Tor want OF tho
necessary supplies IL to deny to the Executive
that share Of the Legislative power which is
plainly conferred 10y the second section OF tho
from the Constitution the qualified negative OF
the President. 1t is said that this should be
done because IL is the peculiar function OF the
House OF Representatives to represent the VIII
OF the people, But no single branch or depart
ment Of the Government has exclusive author
authentic and solemn expression Of their
Will IL contained in the Constitution
Of the United States. BY that Constitution they
whose powers are distributed among co0rdi-
nate branches. which. as far az possible. con-
sistently with n harmonious cooperation. are
absolutely Independent Of each other. The pco-
pie OF the country ARE unwilling to 500 the SUI
premacy OF the Constitution replaced by tho
Omn ipOtence OF any department OF tho Govern
The enactment Of this bill into n law will es-
tablish precedent which will tend 70 destroy
the equal independence Of the several branches
OF tho Government LIS principle places, not
tho judiciary, also. under the cocrcive
de!ation q the House, The House alone aione
a grievance. and also the means and measure
OF redress. An act Of Congress- to protect cleo
tions IA now the grievance complained Of But
tho House may on the same principle determine
that any other act OF Congress-. "A treaty made
by the President with the advice and consent OF
the Senate. nomination or appointment TO
office. or that decision or opinion OF the SUI
preme Court is grievance, and that tho mems
ure Of redress il 70 withhold the appropria-
tions required for the support Of tho offending
branch OF the Government.
Believing that this bill is dangerous viola
ton u tho spirit ana meaning Of me Oopstiu,
ton. am compelled to return II 10 the House
in which II originated without my approval
The qualified negative with which the Constitu-
ton invests tbs President IL trust that involves
u duty which cannot decline 10 perform.
With Arm and conscientious purpose to do
what can to preserve unim paired the consti-
tutional powers and equal Independence. not
merely OF the Executive Tut OF every branch Of
the Government which will be imperlled by the
adoption OF the principle OF this bill. desire
earnestly 10 urge upon the House Of Represen-
tatives return to the wise and wholesome
usage OF the earlier days Of the republic. which
excluded from appropriation bills all irrelevant
Legislation. BY this course YOU will inauguratc
an important reform in the method OF Con-
gressional legislation. Your action will be in
harmony with the fundamental principles OF
the Constitution and the patriotic sentiment Of
will restore To the country that feeling of conf
dence and security and the repose which are so
essential to the prosperity Of all OF our fellow
citizens. RUTHERFORD b. HAYES