Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-06-23
VETO MESSAGEOF THE PRESIDENT
Returning the Bill Making Appropriations fer
Certain Judicial Expenses

Returning the Bill Making Appropriations fer
Certain Judicial Expenses
To the House Of Representatives.: After careful
examination Of the bill entitled "An act max
ing appropriations for certain judicial ex-
penses." return it herewith to the House OF
Representatives, in which it originated, with
the Following objections to its approval:
The general purpose of the bill Is to provide
Ios msne certain M judicial expenses Of the govern
Ment Ior the fiscal year ending June 3oth, 1850
aor hich the sum of 81, ,6s0, 600 is appropriated
Inese appropriations are required to keep In
9pe1amon the general functions Of the judicial
ueRartment OF the government and IL this part
olthe Oil stood alone there would be no oblec-
oi1n othar 10 lts approval: 1t contains, however,
TO ask your attention
10 AZ tIe present session OF Congress majority
VI ootn houses favoring repeal of the Con-
81 iha eiection laws, embraced In title g.
~ VI .ne revised Statutes, passed measure for
Ihat purpose as part of a bill entitled San act
mak.iing appropriations for the legislative ex-
ment for the fiscal year ending June "a 1Ss1
and for other purposes" Unable to cononr
MIN Inl congress In that measure, on the 10Th OF
Representatives, in which it oririnatei SritSovt
my approval. for that further Considerations for
which the Constitution provides. On reconsid
thrds Of ffS tbe o Hos %as 6y less nan
the election laws, therefore remain valid
enactmentS and the supreme law of the Land
Dindlhg not only upon all private citizens, but
charged with the duties and responsibilities OF
the legislative, the executive and the judicial
departments OF the government
1t Is not sought by the bill before me to repeal
the election laws. Its object is to defeat their
enforcement. The last clause OF the first Sec
tion is as follows:
priated is appropriated to pay any salaries
compensation, fees, or expenses under or 10
rtue of title twenty-sfx OF the Revised
Statutes, or OF any provision Of said titIe."
referred to In the foregoing clause, relates to
the elective franchise, and contains the laws
tions.
further. 1t is as follows:
''SRC. g. That the sums appropriated 10 this
act for the persons and public service embraced
In It's provisions are In full for such persons and
public service for the fiscal year ending Tune 30
1850, and no department or officer of the gov
ernment shall, during said fiscal year, make
any contract or incur any liability for the future
OF title 26 OF the Revised Statutes of the United
States authorizing the appointment or payment
OF general or special deputy marshals for SER
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 the existing
laws. The following are the provisions of the
force:
"sec 2s7s. No department OF the government
shall expend, In any one fiscal year, any sum
IN excess OF 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 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 ap-
In the War and Navy departments, for clothing
subsistence, forage, fuel, quarters, or trans
pcrtat10n, which, however, shall not exceed the
necessities Of the current year."
Statutes is plain. 1t is first, to prevent any
money from being expended unless appropria-
tions have been made therefor; and, second, to
SR
except for certain necessary purposes In the
War and Navy departments.
Under the existing laws the failure OF Con-
gress to make the appropriations required for
the execution OF the provisions OF the e.ecrio 1,
laws would not prevent their enforcement. tn
right and duty TO appoint the general and spe-
would still remain, and the executive depart
ment OF the government would also be eM DOW
cred to incur the requisite liability for their
compensation. But the second section Of this
Dill contains prohibition not found IN any pre-
vious legislation. Its design is to render the
election laws imperative and dead letter dur
n.
plish this by omitting to appropriate money for
their enforcement, and by expressly prohibiting
any department or officer OF the government
from incurring any liability under any OF the
provisions OF title twenty-six OF the Revised
Statutes authorizing the appointment or pay
ment OF general or special deputy marshals for
service on election days, until an appropriation
been made.
The President Is called upon TO give his affirm
atlve approval 10 positive enactments which in
effect deprive him OF the ordinary and necessary
means OF executing laws still left on the statute
book, and embraced within his constitutional
duty TO see that the laws are executed IL he
approves the bill and thus gives to such positive
pates In the curtailment of his means OF seeing
that the law i5 faithfully executed while the
obligation OF the law and Of his constitutional
duty remains untmpaired.
The appointment OF special deputy marshals
is not made by the statute spontaneous act of
autnorlty on the part OF any executive or
11oeiai eer Of the but is a
into operation this agency for securing the
purity and freedom OF elections In any city or
town having twenty thousand inhabitants or
upward. Section 2021 OF the Revised Etatutes
puts IL IN the power Of any two citizens Of such
city or town to require of the marshal of the
strcs tne appointment OF these special deputy
becomes imperative, and its non-performance
would expose him to judicial mandate or pun
ishn ent, or TO removal from Office by the Presi-
NSAei 90 VI utS LulglC
require The bill now before me neither reVORes
this popular right OF the citizens nor relieves
Inc marshal OF the duty imposed by law, nor the
PRESIDENT Of his duty to see that this law is
faithfully executed.
l forbear to enter again upon any peneraI
discussion OF the wisdom and necessity of the
election laws, or OF the dangerous and uncon
Stltut1onal principle OF this BILL that the power
vested In Congress to originate appropriations
involves the right to compel the Executiva tn
approve any legislation which Congress- NAV
see fit TO attach to such bills under the penalty
0frefusfng the means needed to carry on essen
tlal functions OF the government NV views m
these subjects have been sufficiently presented
IN Ine speclal messages sent by me to the House
OF representatives during their present session.
WnaL was said IN those messages regard "a
conclusive as to my duty In respect to the bill
DeIOre me- The arguments urged I'm those com
munlcations against the repeal Of the election
Jaws ana against the right of Congress to de-
pfiVe the executive OF that separate and inGie.
peI0enC 0lscret1on and Judgment which the con-
stltution confers and requires, are equally cognt
IA lOsltlOn 10 this DILL This measure leaves the
powers and duties OF the supervisors OF cleo
tions untouched. The compensation OF thoSa
ohicers is provided for under permanent laws
and no liability for which an appronriatinn is
now required, would therefore be incurred nv
their appointment. But the power Of the no.
tional government to protect them In the die.
charge OF thelr duty at the polls would be taken
away. The states may employ both civil and
military power at the elections but by this hill
even the civil authority to protest the CON
glessional elections is denied To the United
states. The object is to prevent any adequate
control by the United States over the national