The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-07-03
ght of citizsns to call into operation
this sgeney for securing the freedom Of

s Qht Of citizsns to call into operation
this ageney for securing the freedom OF
in any city. or town having ~
500 iAbsbisahis or upward. Section
2,2Ql 81 rovisndA otglutes puts It IN the
power ofapytWQ citizens of such city or
town, u re00lfet tof the Marshal OF the
district TIE n bolntnlent OF these special
Deputy NJ l'shals. &Thereupon the duty
az ths III AIAhal becomes imperative, and
ais ron perfbrmance will expose him to
iddicia mandate or punishment, or to
fSiflovaI from Office by the President as
!. ftiecirebmstances Of his conduct might
Require.
The bill now before me neither re-
,9okes thia popular right of the citizens
hor relieves the Marshal of the duty i'm
posed by law, nor the President Of his
duty to see that these laws are faithfully
executed. | forbear to enter again upon
any general discussion upon the wisdom
and necessity of election laws, or the
dang rous, and unconstitutional princi'
pie Of this bill.
That po Wer vested in Congress to orig
mate appropriations, involves the right
to compel the Executive to spprove'any
legislation which Congress may see fl
to attach to such bills under penalty Of
refusing the means needed 10 carry out
essential functions of the Government
My views OF these subjects have been
sufficiently presented in special MESA.
ges sent to me by the House of Repre-
sentatives during their present session.
What was said in these messages re-
gard as conclusive TO my duty in respect
to the bill before me. The arguments
urged in these communications against
the repeal of the election laws, aud
against the right of Congress TO deprive
the Executive of that separate and inde-
pendent 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 supervisors of elections un.
touched. Compensation of these 1of.
GERS is provided for under permanent
laws, and no liability for which an ap.
preparation is required would, therefore,
be incurred by their appointment, but
the power of the National Government
to protect them in the discharge of their
duty at tie polls would be taken away
States may employ both civil and mill
tary power at an election, but by this
bill even civil authority to protect Con-
gressional elections is denied to the
United States. The objection is to pre
vent any adequate control Of the Uni
ted States oyer National elections by for.
bidding the payment of deputy mar
shals' officers who are clothed with au
thority to enforce election laws. The
fact that these laws are deemed obiec-
tionable by majority of both Houses Of
Congress is urged as sufficient warrant
for this legislation. There are two law.
ful ways to overturn legislative enact.
ments, one is their repeal, the other is
the decision of competent tribunal
against their validity.
The effect of this bill is to deprive the
Executive Department of the Govern.
ment of means to execute the laws
which are not repealed, which have not
been declared invalid, and which it is
therefore the duty of the Executive, and
of every other department of the Gov.
eminent to obey, and to enforce. have
in my former message on this subject
expressed a willingness to concur in
suitable amendments for the improve.
ment Of election laws, but cannot con
sent to their absolute and entire repeal,
and l cannot approve legislation which
seeks to prevent their enforcement.
RUTHERFORD B HAYES.
Executive Mansion, June %. 1879.