The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-07-01
MR.IHAYES'S1LAsT
VETO MESSAGE OF THE PRESIDENT RE.
TURNING, WITH HIS OBJECTIONS. TIL e
ACT PROVIDING FOR THE PAYMENT OF
UNITED STATES MARsHALs.

its becoming law:
The bill appropriates the sum of six hum
tred thousand dollars for the payment, dl-
ring tue fiscal year ending June 80, 1880, OF
United States marshaIs and their general
deputies. The officers thus provided for are
essential to the faithful execution Of the
laws. They We're created and their powers
and duties defined by Congress at its first
session after the adoption Of the Constitll-
ton i'm the judiciary act which was APP
proved September "a, 1889. Their general
duries, as defined in the act which originally
established them, were substantially the
SINE as those prescribed in the statutes now
in force. 1hs' :,~1 @E
The principal provision on the subject il
the Revised Statutes is as follows:
"Seciion 7S7. 1t shall be the duty OF The
| marshal OF each district to attend The dis
trict and circuit courts, when sitting there
| in, and to execute throughout the district
all lawful precepts directed TO him, and
| issued under the authority Of the United
States; and be shall have power to COM
mand all necessary assistance i'll the eXecu-
ton of his duty"
The original act was amended February
%, 1895, and the amendment is now found
| in the Revised Statutes in the following
| form:
| "Secton 7Ss. The marshals and their
deputies 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 thereof"
| 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 re-
qnired for the efficiency OF almost every
branch OF the public service. Without
these officers there would be no means OF
executing the warrants, DEGREES, or other
process OF the courts, and the judicial syS-
TEN of the country would be fatally dc!ec-
tive. The criminal jurisdiction Of the
courts of the United States Is very cX-
tensve. The crimes committed within
the maritime jurisdiction Of the United
States are all cognizable only in the
courts OF the United States. Crimes
against public justice; crimes against the
operations or the Government. such as
forging or counterieIt,nc the money or Sc
curitieS OF the United States; crimes against
| the postal laws; offences against the elect
i've franchise, against the civil rights OF citi-
zens, against the existence OF the Govern
mcn1; crimes against the intcrnai-rcvcnuc
laws, the custom laws; the neutrality laws !;
crimes against laws for the protection Ut
Indians, and OF the public lands-all OF
these crimes, and many others, can be
punished only under United States
laws-aws which. taken together, consti-
tute body Of Jurisprudence which is
vital TO the welfare Of the whole country,
and which can be enforced only by mearS
of the marshals and deputy mar>haIs OF tie
United States. In the District 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 IL party,
and the execution OF the revenue laws, the
neutrality laws, and many. other laws OF
large importance, depend on the mainte-
nance OF the marshals and their deputies.
They are in effect the only police OF the
United States Government. Officers with
corresponding powers and duties areround
in every State in the Union, and in every
country which has q Jurisprudence which
is worthy Of the name. To deprive tue
National Government OF these officers would
be as disastrous to society as to abolish
the sheriils, constables, and police Of
fcers in the several States. 1t would
be denial to the United States OF the
right to execute it's laWs-a denial vi all
authority which requires the use OF civil
force. The law entities these officers to be
paid. The funds needed for the purpose
have been collected from the people, and
arc now in the Treasury. No objection is
therefore made to that part OF the. bill be-
fore me which appropriates money for the
support OF the marshals and deputy mar
shals of the United States.
hill contains bowevar otbnr ,,rnyi-
sions 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 approval. The provisions referred to
are rs follows:
''Scction =. That the sums appropriated
in this net for the persons and lub,ic SER
vice embraced in its provisions arc in full
for such persons and public service for the
fiscal year ending June 80, 1880; and no de-
partment 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 mentioned in section OF this act
until an appropriation sufficient to meet
such contracs Or pay such liability shall have
first been made by law"
Upon reconsideration, in the House Of
Representatives, Of the bill which contained
these provisions, it lacked 4 constitutional
majority, and therefore failed 10 become a
law. In order TO secure its enactment the
same measure is again presented for my aD-
proval, coupled IN the bill before me with ap-
preparations for the support OF marshals and
their deputies during the next fiscal year.
The object mauifesliy is to place before the
Executive this alternative: Either TO allow
necessary. functions of the public service
to be crippled or suspended for want
of tue appropriations required To Keep
them IN operation, or TO approve legislation
which in official communications To Con-
gress he has declared would be VOCATION
OF his constitutional duty. ihus III ihls
bill the principle is clearly cmbouieo lnat,
by virtue of the provision OF the Const'tu-
ton which requires tlIat . ali Dliis lol T;'ls-
ing revenue shall originate in the Hou&e
Of Representatives" bare majority OF
the House OF Representatives has the
right to withhold appropriations for
the support OF the Government I'M
less the Executive consents to approve any
legislation which may be attached to appro-
priation bills. respectfully refer to the
communications on this subject which
have sent to Congress during its present
session for a statement OF the grounds OF
nv conclusions, and I desire here merely to
repeat that, In my judgment, TO establish
the principle Of this bill is to make a raGi-
cal, dangerous. and unconstitutional change
in the character Of our Institutions.
;. 3a-@" RUTHERFoRD B. HAYES.
Executive NdnSi0n, June 80, 1879.