Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1879-06-28
veto MESSAGE.

The Presidents Reasons for Re-
fusing to Sign the Judicial
Expenses Bill.
To the House Of Representatives:
After careful examination of the bill entf-
tied "An act making approximations for GER. ,.
TO the House of Representatives, in which it
originated, with the following objections to
The general purpose of the bill is to pro-
vide for certain judicial expenses of the Gov.
ernment for the fiscal year ending June 30.
priated These appropriations are REQUIRED
to keep in operation the getieral functions 6f
the Judicial Department OF the GoVernmensj
and if this part of the bill stood alone there
would be no objections to its approval. It
contains, however other provisions to which
At the present session of Congress a major
ity of both Houses, fAvurfns the repeal OF
THE CONGRESSIONAL ELECTION LAWS
embraced in Title 26 of the Revised Statutes,
passed a measure for that purpose as part of
lions @ sic for TegisiatiSe, Executive and Judicial
expenses of the Goverrimsht f6r the fiscal
year ending June 80, 1880. and fot other ptr;
that measure, on the 29th of May last re-
turned the bill to the House of Representa-
tives, in which tt originated, without my ap-
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, binding not only upon all private c1tf-
zens, but also alike and equally binding up,
on all who are charged with the duties and
responsibilities of the Legislative, Executive
and Judicial Departments OF the Govern.
to repeal the Election laws. Its object Is
70 DEFEAT THEIR ENFORCEMENT.
The last clause of the first section is as fol
lows: "And no part of the motley hereby
appropriated is appropriated to pay any
salaries, eompensations, fees or expenses
under or IN virtus of Title 26 of the Revised
Statutes or Of any provasion Of said titlen IL T.
the foregoing clause, relates to the elective
franchise, and contains the laws now In force
second section Of the bill reaches much fur
"sec.s g. That the sums appropriated in this
act for all persons ana the public services
embraced in its provisions are in full fot such
persons and public service for the fiscal year
ending June 80, 1880, and no dep artment or
officer of the Government shall, during said
fiscal year, make any contract or incur any
liability for the future payment of money
under any 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 Marshals for service in
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 stat
utes on the same subject, which are now In
force:
ernment shall expend In any one fiscal year
made by Congress for that fiscal year, or in
volve the Governmental in any contract for the
future payment of money in excess OF such
| Nf fattnn
Section arss. No contract or purchase on
behalf of the United States shalt be made TIN
the same f or IS uIdst
| except in the War and Navy Departrnents
for clothing. subsistence, forage, fuel and
sSai not eScsea the necessities of the current
year." I..s
of the Revised Statutes is plain. 1t is, first,
to prevent any money from being expended
unless appropriations have been made there
| for; and, second, to prevent the Government
ously authorized by law. except for certain
necessary purposes In the War and Navy De-
partments. Under the existing laws, the failure
of Congress to make the appropriations re-
quired for the execution of the provisions OF
the election laws would not prevent their en-
forcement. The right and duty to appoint
they provide for would sttll remain, and the
Ekecutiye department Of she Government
would also be empowered to incur the re-
guisite liability for their compensation, bp:
the second section OF this bill Contains g pro
hIbltiou not found Ia any previous 4eSisia'
ttOn. It's design Is to
, BENDER rnE ELECTION LAWS ISOPERATIvE
and dead letter during the next fiscal year,
It is sought TO accomplish TINS Dy onlittluss 70
, -.a.'T9sSs;i1s,te the money Tor tnetr ENFORCE
inent and by expressly i { .4.lsss. sz5 ~
/ pOrtmeut or officer OF the GovOrnuieut from
/ tncurriug any liability under any Of the pro-
visions Of Title Pc Of She Revised Statutes, au'
I thortzinE the appointments or payment oi
J or fh1nUgW
/ tion surficient TO nav such liability shall have
| first been made. The President is called up
| on to give his affirmative approval to these
| positive enactrhents, which in effect deprive
him OF the ordinary and necessary means o.
| book, and embraced within his constitution;
al duty Ito see that the laws are executed.
positive enactments the authority of law, he
participates in the curtailment of his means
of seeing that the law is faithfully executed
constitutionaldu duty remains unimpaired. Ths
| appointments of
SPECIAL DEPUTY MARsHALs
is not made by the statute spontaneous act
Judicial ofiicer of the Government, but Il
accorded as the popular right of citizens e
sa securng atS the freedom Of hs elections
any city or town having 10000 Inhabitants OF
Section 2o2I of the Revised Statutes puts 4
city, or town, to require of the Mar
shai of the district the ,appSSia1s
thereupon the duty of the Marshal become:
imperative, and its non-performance
will expose him to judicial mandate or pun
| ishment, or to removal from office by the
President, as the circumstances of his con-
duct might require. The bill before me now
nor oi relieves Mnrshals Of the duty imposed by
law nor the President of his duty to see that
this law is faithfully executed.
| forDear to enter again upon any general
discussion of the wisdom and necessity OF
THE ELECTION LAWS
or the dangerous and unconstitutional prfn.
ciple of this bill, and the power vested In
ing the right to compel the Executive to ap
prove any legislation which Congress may
see fit to attach TO such bills under the penal.
ty of refusing the means needed to carry Out
| the essential functions of the Goyernment
My views on these subjects have been suf-
by me to the House OF Representatives dur
ing their present session.. Wnat wal
said in those messages reg l regard f "a. ~
bill before me. The arguments urged II
these communications against the repeal O.
the Election laws and against the right OF Con
gress to deprive the Executive of that separ
| ate and independent discretion ana Judgment
which the Constitution confers and requires
| are equally cogent in opposition to TINS Diil
This measure leaves the powers and dutie:
of supervisors of Elections untouched. Tht
compensation of these officers Is providet
for under the permanent laws, and no naDill
| ty for which an appropriation is now requ1r
ed woulu therefore be incurred by their ap
pointment, but the
| POWER OF THE NATIONAL GOVERNMENT
to prctect them in the discharge OF their duty
at the polls would be taken away. The Statei
may employ both civil and military power ~
elections, but by this bill even the civil au
thority to protect Congressional elections Il
denied to the United States The object is Il
| States over National elections, by forbiddinl
| the payment of Deputy Marshals, offcer
| who are clothed with authority to enforc'
the election laws.
The fact that these laws are deemed obtec
| ttonable by the majority of both Houses o
| Congress is urged as a sufficient warrant 10
| this legislation. There are two lawful way
| to overthrow legislative enactments. One
| their repeal; the other is the decision OF
oil In their NaidifN