Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1879-07-03
VETO NO. 5.

To The House Of Representatives.:
return to the House of Representa-
tives, in which it originated, the bill en-
titled an act making appropriations to
pay the fees of United States Marshals
and their general deputies, with follow
ing objection to its becoming law. The
bill apprOpriates the sum of 100000 for
the payment during the fiscal year end
ing June 3Oth, eighty of the United
States Marshals and their general depu-
ties. Officers thus provided for are es-
sential to the faithful execution of laws.
They were created and their powers and
duties defined by Congress at its first
session after the adoption of the cOnsti-
tuition in the Judiciary act, which was
approved September "a, 1889. Their
general deputies as defined in the act
which originally established them were
substantially the same as those prescribed
in the statutes now in force. The prin-
cipal provision on the subject in the re-
viSed statutes is as rollOwS:
SEC. 7S7. 1t shall be the duty of the
Marshal of each district to attend the
District and Circuit Courts when sitting
therein, and to execute throughout the
district all lawful precepts directed to
him and issued under the authority of
the United States, and he shall have the
power to command all necessary aSsiS-
tance in the execution of his duty.
The original act was amended Febru-
ary %, 1895, and the amendment is now
to be found i'll the revised statutes in the
following form:
SEC. 7SS. The Marshals and their
deputies shall have in each State the
power in executing the laws of the Uni
ted States, as the Sheriffs and their depu-
] ties in such States may have by law in
executing the laws thereof. By subse-
quent statutes additional duties have
been from time to time imposed upon
Marshals and deputies, due and regu-
lar performance which are required for
the efficiency of almost every branch of
public service.
Without these officers there would be
no means of executing warrants, DEGREES
or other processes of the courts, and the
judicial system of the country would be
fatally defective. The criminal jurisdic-
ton of the courts of the United States is
very extensive. The crimes committed
within the jurisdiction of the United
States are all cognizable only in the
courts of the United States; crimes
against public justice, crimes against the
operations of the government, such as
| fOrgeries, or cOunterfeiting money or
securities of the United States, crimes
against the postal laws, offenses against
the the elective franchise, against the
civil rights of citizens, against the eXlS-
tence of the government; crimes against
the internal revenue laws, customs
laws; crimes against the laws for the
protection of the Indians and public
lands. All of these crimes and many
others can be punished only under the
United States laws, laws which, when
taken together, constitute the body of
Jurisprudence which is vital to the whole
country, and which can be enforced only
by means of Marshals and Deputy Mar
shals of the United States.
In the District of Columbia all of the
process of courts is executed by the Oili-
GERS in Question. In short, the execution
of criminal laws of the United States
service, and of all civil process in which
the United States is party, and the exc
cution of revenue laws, neutrality laws
and many other laws of large importance
depend ON the maintainance of Marshals
and their deputies. They are, in effect,
only police of the United States Govern
ment. Officers with corresponding pow
er and duties are found i'll ever. State of
the Union and in every country which
has jurisprudence which is worthy of the
name.
To deprive the National Government
of these officers would be rs disasterous
to society as to abolish sheriffs, con-
stables and police officers in the several
States. 1t would be denial to the Unit
ed States of the right to execute its laws
and denial of all authority which re-
quires the use of civil law. The law en-
titles these Officers to be paid funds
needed for the purpose they have been
collected for from the people and are
now in the Treasury. No objection
is therefore made to that part of the bill
before me, which appropriates money
for the support of Marshals and Deputy
Marshals of the United States.
The bill contains, however, other pro-
visions which are identical in tenor and
effect with second section of the bill en-
titled, can act making appropriations
for certain judician expenses" which, on
the 23d of the present month, was re-
turned to the House of Representatives
with my objections to its approval. The
provisions referred to are as follows:
SECTION 2. That the sum appropriated
in this act for the persons and public
service embraced in its provisions are in
full for such persons and the public SER
vice for the fiscal year ending June 80,
1880, and no department or officer of the
Government shall, during the said fiscal
year, make any contract or incur any
liabilities for future payment of money
under any provisions of title 26, mention
ed in the section of this act, until an ap-
preparation sufficient to meet such con-
tract to pay such liabilities shall have
first been made by law.
Upon reconsideration in the House of
Representatives of the bill which con-
tanned these provisions, it lacked a con-
stitutiOnal majority and therefore failed
to become law, and in order to secure
its enactment the same measure is again
presented for my approval, coupled in
the bill before me, with the apprOpria-
ton for the support of Marshal and
their deputies during the next fiscal year.
The object manifestly is to place before
the Executive this alternative, either to
allow the necessary functions of the
public service to be crippled or suspend
ed for want of appropriations or injured
to keep them in operation, or to approve
legislation which in his official commu-
nicatiOns to Congress, he has declared
would be violation of his constitution
al duty; thus, in this bill, the principle
is clearly embodied that by virtue of the
provisions of the constitution which re-
Ill l.. l.,
enue shall originate in the House of Re-
representatives.. A bare majority of the
House of Representative has no right to
withhold appropriations for the support
of the Government unless the Executive
consents to approve any legislation
which may be attached to the appropria-
tion bills. l respectfully refer to the
communications on this subject which /
have sent to Congress during its present
session for statement of the grounds
hn,