Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1879-06-27
the JUDICIAL APPROPRIATION BILL
VETOED.
WASHINGTON, June %.


dicial Expenses bill:
To the House Of Representatives;
After a careful examination Of the bill enti-
tied IAN act making appropriations for GER
tain judicial exDenses,n / return IL herewith
TO the House Of Representatives, In which IL
originated with the following objections TO
its approval:
The general purpose OF the bill ls 10 pro-
vide for certain judicial expenses OF the Gov
ernment for the fiscal year ending June 30,
1850, for which the sum OF s2,69O,OO is ap-
propriated. These appropriations are re
qulred TO keep in operation the general func.
tions of the Judicial Department OF the
Government, and n this part OF the
bill stood alone there would be no OBJ
lection to its approval. II contains,
however, other provisions to which desire
respectfully to ask your attention. At the
present session of Congress majority OF both
Houses favoring the repeal of the Congress
sional election laws, embraced in title 26, of
the Revised Statutes, passed a measure for
that purpose as part OF the bill entitled " An
act making appropriations for the legisla-
tive, executive aud judicial expenses OF the
Government for the fiscal year ending June
Both 1880, and for other purposes" Unable to
concur with Congress In that measure, on the
29th of May last ! returned the bill to
the House of Representatives, in which
10 originated, without my approval, for
that furthers consideration for which
the Constitution provides. On recon
sideration the bill was approved by less than
two-thirds of the House and failed to become
law. The election laws therefore remain
valid enactments and the supreme law of the
land is binding not only upon all private citi-
zens but also alike and equally binding upon
all who are charged with the duties and re-
sponsibilities OF the legislative, executive
and judicial departments OF the Government.
1t is not sought by the bill before me to repeal
tho plppttnD lou Itc nbipNt fe n dafaoN bof =
enforcement. The last clause of the first sec
tion is as follows: "And no part Of the
money hereby appropriated is appropriated to
pay salaries, compensation fees or expenses
under or In virtue of title 26 of the Revised
Statutes, or of any provision of said titlen
Title 26 OF the Revised Statutes referred to
In the foregoing clause relates to the elective
franchise, and contains laws now in force
regulating Congressional elections. The sec
ond section of the bill reaches much further.
1t is as follows:
"SECTIoN 2. That sums appropriated in
this act for persons and public services en-
braced in its provisions are in full for such
persons and public service for the fiscal year
ending June 30, 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 anv OF the provisions OF title 26 of the
Revised Statutes OF the United States author
izing the appointment or payment of general
or special deputy msrshals for the service in
connection with 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 10
make an extensive and essential change In ex.
isting laws. The following are the provisions
OF the statutes on the same subject which are
now In force:
"SEC. 2679. No department of the Govern
ment shall expend in any one fiscal year any
sum in excess of the 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 appro-
priations.n
"SEc. 2,732 No contract or-purchase on
behalf of the United States shall be made un-
less the same is authorized by law or is under
an appropriation adequate to its fulfllment
except in its War and Navy Departments for
clothing, subsistence, forage, fuel, quarters
or transportation, which, however, shall not
exceed the necessities of the current year"
The object of these sections of the Revised
Statutes is plain. 1t is, first, to prevent any
money from being expended unless appropria-
tions 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 purposes in
the War and Navy Departments. Under the
existing laws the failure of Congress to make
of the provisions of the election laws would
not prevent their enforcement. The right
and duty to appoint general and special
deputy marshals, which they provide for,
would still remain, and the Executive De-
partment of the Government would also
be empowered to incur the requisite
liability for their compensation, but the
second section of this bill contains prohibition
not found in any previous legislation. Its
design is to render the election laws an in
operative and dead letter during the next
fiscal year. 1t is sought to accomplish this
by emitting to appropriate money for their
enforcement, and by expressly prohibiting
any department or officer of the Govern
ment from incurring any liability under any
of the provisions of title 20 of the Revised
Statutes, authorizing the appointment or
payment of general or special deputy mar
shals Tor service on election days until an ap-
sufficient to pay such liability
shall have first been made. The President
is called upon to give his affirmative approval
TO positive enactmenJs which in effect deprive
him OF the ordinary and necessary means of
executing the laws still left in 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 pos
tive enactments authority of law he par
ticipates in the curtailment of his means of
seeing that the law is faithfully executed,
while the obligation OF the law and of his
constitutional duty remains unimpaired.
The appointment of special deputy mar
shals is not made by statute, of spontaneous
act of authority on the part OF any executive
or judicial officer of the Government, but is
accorded as the popular right of citizens to
call into operation this agency for securing
the freedom OF elections in any city or town
having 10000 inhabitants or upward,
Section 2,02l of the Revised Statutes puts IL
in the power of any two citizens of such city
or town to require of the marshal of the dis
trict the appointment Of these special deputy
marshals. Thereupon the duty OF the mar
shal becomes imperative and its non-perform-
ance will expose him to the judicial mandate or
punishment, or 10 removal from office by the
President, as the circumstances of his con.
duct might require. The bill now before me
neither revokes this popular right of citizens,
nor relieves the marshal of the duty imposed
by the law, nor the President OF his duty to
see that this law is faithfully executed.
forbear to enter again upon any general
discussion of the wisdom and necessity of the
election laws, or the dangerous and unconsti-
tutiOnal principles of this bill; that the power
vested in Congress to originate appropriations
involves the right TO compel the Executive to
approve any legislation which Congress may
see tit to attach to such bills under penalty OF
refusing the means needed TO carry on the
essential functions of the Government.
My views on these subjects have been suffi.
cientlI presented in special messages sent by
me to the House of Representatives during
their present session. What was said in those
messages regard as conclusive to my duty
in respect TO the bill before me. The argu-
ments urged In these communications against
the repeal of the election laws and against the
right Of Congress to deprive the executive OF
that separate and Independent discretion and
Judgment, which the Constitution confers aud
requires are equally cogent in opposition
to this bill This measure leaves the powers
and duties Of supervisors OF elections un-
touched. Compensation of those officers is
provided for under permanent laws and no
liability for which an appropriation is now
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 the POlls would be taken
away. The States may employ both civil
and military power At the elections, but by
this bill even the civil authority TO protect
Congressional elections, is denied to us. The
object is to prevent any adequate control by
the United States over National elections by
forbidding the payment Of deputy marshals,
officers who are clothed with authority TO en-
force the election laws. The fact that these
laws are deemed Objectionable by a majority
OF both Houses of Congress Is urged as sufii.