Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-07-04
VETO NUMBER FIVE.
THE MARsHALs APPROPRIATION BILL RETURNED
by THE PRESIDENT.

THE MARsHALs APPROPRIATION BILL RETURNED
by THE PRESIDENT.
To the House Of Representatives.
return to the House of Representatives
in which it originated, the bill entitled IAN
act making appropriations to pay fees of
United States Marshas and their general dep
utes," with the following objections TO its
becoming a law;
The bill appropriates the sum of 5000, 600
for the payment during the fiscal year ending
June 80, 1880, of United States Marshals and
their general deputies. The offices thus pro-
vided for are essential to the faithful execu-
ton of the laws. They were created, and
their powers and duties defined, by Congress
at its first session after the adoption of the
Constitution, in the Judiciary act, which was
approved Sept. ~, 1889. Their general du-
ties, as defined in the act which originally es-
tablshed them, were substantially the same
as those prescribed in the statutes now in
force The principal provision on the sub
ject in the Revised Statutes is as follows
SIC. 7S7. 1t shall be the duty of the Mar
shal of each district to attend the District and
Circuit Courts when sitting therein, and to
execute throughout the district all lawful pre-
cepts directed to him and issued under the
authority Of the United States and he shall
have power to command all necessary assist
The original act was amended Feb. %,
1895, and the amendment is now found in the
Revised Statutes in the following form:
SEC. 7ss. The Marshals and their depu-
ties shall have in each State the same powers
in executing the laws of the United States,
as the sheritfs and their deputies in such State
may have by law in executing the laws there
Of
By subsequent statutes additional duties
have been from time to time imposed upon
the Marshals and their deputies, the due and
regular performance of which are required
for the efficiency of almost every branch of
the public service Without these Off
GERS there would be no means of executing
the warrants, DEGREES, or other process Of the
courts and the judicial system of the country
would be fatally defective. The criminal ju-
risdiction of the courts of the United States
is very extensive. The crimes committed
within the maritime jurisdiction of the
United States are all cognizable only in the
courts of the United States. Crimes against
pubic Justice; crimes against the operations
OF the government, such as forging or coun-
terleitlng the money or securities Of the Uni
ted States crimes against the postal laws
oflenscs against the elective franchise, against
the civil rights of citizens, against the exist
cnce of the government crimes against the
internal revenue laws, the customs laws, the
neutrality laws; crimes against laws for the
protection of Indians, and Of the public lands,
all of these crimes and many others can be
punished only under United States laws
laws which, taken together, constitute body
of Jurisprudence which is vital to the welfare
of the whole country, and which can be en-
forced only by the Marshals and the deputy
marshals Of the United States. In the Dis
trict of Columbia all of the process of the
courts is executed by the officers in question
In short, the execution of the criminal laws
of the United States the service of all civil
process in cases in which the United States
is a party, and the execution of the revenue
laws the neutrality, and many other laws of
large importance depend on the maintenance
of Marshals and their deputies. They are in
effect the only police Of the United States
government. Officers with corresponding
powers and duties are found i'll every State of
the Union and in every country which has
Jurisprudence which is worthy Of the name.
To deprive the national government Of these
officers would be o. disastrous to society as
to abolish the sherifis, constables and police
officers in the several States. 1t would be a
denial TO the United States of the right TO ex-
ecute its laws-a denial of all authority which
requires the use Of civil force. The law en-
titles these officers to be paid The funds
hNNti'N ApA VIZ hippn' uA't bttll NbhttAtu
from the people and are now in the treasury
No objection therefore is made to that part
of the bill before me which appropriates mon
ey for the support of Marshals and Deputy
Marshals of the United States.
The bill contains, however, other provis-
ions which are identical in tenor and effect
with the second section of the bill entitled.
An act making appropriations for certain
Judicial expenses which on the 23d of the
present month was returned to the House of
Representatives with my objections to its APP
proval. The provisions referred to are AS
follows:
SEC. =. That the sums appropriated in
this act for the persons and public service
embraced in its provisions are in full for
such persons and public service for the fiscal
year ending June 80, 1880; and no depart
mcnt or officer of the government shall dur
ing said fiscal year make any contract or in
cur any liability for the future payment of
money under any of the provisions Of title 20,
mentioned in section | of this act until All
appropriation sufficient to meet such contract
or pay such liability shall have first been
made by law.
Upon a reconsideration in the House of
Representatives Of the bill which contained
these provisions. it lacked Il constitutional
majority, and therefore failed to become a
same measure is again presented for my APP
prevail coupled in the bill before me with APP
preparations for the support of the Marshals
and their deputies during the next fiscal year.
The object manifestly is to place before the
Executive this alternative Either to allow
necessary functions of the public service to
be crippled or suspended for the want of the
appropriations required to keep them in OPP
Grafton, or to approve legislation which, in
official communications TO Congress he has
declared would be violation of his constitu-
tiOnRl duty Thus, in this bill the principle
is clearly embodied that by virtue of the pro-
vision of the Constitution which requires that
AL bills for raising revenue shall originate
in the House of Representatives, bare ma
jority of the House of Representatives has
the right to withhold appropriations for the
support of the government unless the Execu-
tive consents to approve any Legislation which
may he attached to appropriation bills. re-
specially refer to the communications on
this subject which | have sent to Congress
for a statement of the grounds of my conclu-
sions, and desire here merely to repeat that,
in my Judgment, to establish the principle of
this bill is to make a radical, dangerous, and
unconstitutional change in the character of
our institutions. RUTHERFoRD b. HAYES.
EXECUTIVE MANSION, June 30, 1879
On Monday the President also sent the fol-
lowing message to the House, urging Con-
gess to make the necessary appropriation
for the pay of United States Marshals
To tie Senate and House Of Representatives.,
The bill asking appropriations for the pay
ment of fees of United States marshals and
their general deputies which have this day
returned to the House of Representatives lin
which it originated with my objections, hav-
ing on its reconsideration by that body failed
to become II law, l respectfully call your at
tention 10 the immediate necessity of making
some adequate provision for the due and eff
Client execution by the marshals and deputy
marshals of the United States, of the constant
and important duties enioined upon them by