The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-05-30
ANOTHER VETO.
The Legislative Bill Returned I'm
signed.
The Presidents Objections to It's Passage.

WASHINGTON, May 29.-The following mes
sage of the President was delivered to the
House to-day:
To the House Of Representatives:
After mature consideration of the bill en-
titled San act making appropriations for the
Legislative, Executive and Judicial expenses
of the Government for the fiscal year ending
June S0 1880, and for other purposes" here
with return it to the House OF Representatives
in which it originated, with the following OBJ
jectionS to its approval:
The main purpose of the bill is to appropri-
ate the money required to support, during the
next fiscal year, the several civil departments
of the Government. The amount appropriate
ed exceeds, in the aggregate, SIS, 900 600 of
dollars. This money is needed to keep in OPP
Grafton the essential functions of all the great
departments of the Government-Legislative,
Executive and Judicial. If the bill contained
no other provisions, no objection to its APPROX
al would be made. 1t embraces, however, a
general interest, which are wholly unconnect-
ed with the appropriations which it provides
for. The objections to the practice OF lacking
general legislation to appropriation bills, es-
pecially when the object is to deprive co-or-
dinate branch of the Government OF lts right
to the free exercise of its own discretion and
Judgment touching such general legislation
were set forth in the special message in rela-
ton to the House bill No. 1, which was return
ed to the House of Representatives on the 18th
OF last mOnun. reSrcb Uldb bllc OUJtCllOuS
which were then expressed to this method of
legislation have not seemed to Congress of suf-
ficient weight to disSuade from this renewed
incorporation of general enactmentS In an APP
preparation bill, and that my constitutional
duty in respect to the general legislation thus
placed before me cannot be discharged without
seeming to delay, however briefly, the neces-
sary appropriations by Congress for the support
of the Government. Without repeating those
objections respectfully refer to that message
for a statement of my views on the principles
maintained in debate by the advocates Of the
bill, VIZ, that sto withhold appropriations is
constitutional means for the redress OF what
the majority of the House of Representatives
may regard as grievance"
The bill contains the following clauses, viz:
tions Of the Revised Statutes Of the United States
namely: Sections 2016, 201S and 2O2O and all of
the succeeding sections of said statutes down to and
including section 2027, and also section 5522, be,
and the same are hereby repealed and, that all the
other sections of the Revised Statutes and all laws
and parts of laws authorizing the appointment of
chief supervisors of elections, special Deputy Mar
shals of elections, or general Deputy Marshals
having any duties to perform in respect to any
election, and prescribing their duties and powers,
are hereby repealed
1t also contains clauses amending section S
2017, 2019, 202S and 2031 of the Revised Stat
utes. The sections of the Revised Statutes
which the bill, if approved, would repeal or
dlIlcuu dT6 pdTb VI stu dCb dppIONcu Nudy ~,
1870, and amended February %, 1871, entitled
IAN act to enforce the rights of citizens Of the
United States to vote in the several states of this
Union and for other purposes"
All of the provisions of the above-named
acts, which it is proposed in this bill to repeal
or modify, relate to the Congressional cleo
tons. The remaining portions of the law,
which will continue in force after the enact
ment of this measure is that which provides
for the appointment by Judge of the Circuit
Court of the United States OF two supervisors
of elections in each election district, at any
Congressional election, ON due application Of
citizens who desire, in the language of the
law, "to have such election guarded and scru-
tinized." The duties of the Supervisors will
be to attend at the polls, at all Congressional
elections, and to remain after the polls are
open until every vote cast has been counted,
but they will have no authority to make arrests
or perform other duties than to be in the inn
mediate presence of the officers holding the
election and to witness all their proceedings,
including the counting of the votes and the
making of return thereof" The part of the
election law which will be repealed by the ap-
proval of this bill includes those sections which
give authority to the supervisors of election to
personally scrutinize the count and canvass
each ballot, and all the sections which confer
authority upon the U. S. Marshals and deputy
marshals in connection with the Congressional
elections. The enactment of this bill will also
repeal section 5522 of the Criminal Statutes of
the United States, which was enacted for the
protection of United States officers engaged in
the discharge of their duties at the Congress
sional elections This section protects super
visors and marshals in the performance of
their duties by making the obstruction or as
Saulting of these officers, or any interference
with them by bribery or solicitation or other
wise, crimes against the United States. The
true meaning. and effect OF the proposed legis-
lation are plain. The Supervisors, with au-
thority to observe and witness the proceedings
at the Congressional elections, will be left, but
there will be no power to protect them, or to
prevent interference with their duties, or to
punish any violation of the law from which
their powers are derived.
If this bill is approved, only the shadow of
authority of the United States at the national
elections will remain; the substance will be
gone. The supervision of the elections will be
reduced to mere inspection, without authori-
ty, on the part of the supervisors, to do any act
whatever to make the election fair one All
that will be left to the supervisors is the per-
mission to have such oversight of the elections
as political parties are in the habit of exercis-
ing, without any authority of law in order to
prevent their opponents from obtaining unfair
advantages. The object of the bill is to destroy
any control whatever by the United States over
the Congressional elections.
The passage of this bill has been urged upon
the ground that the election of members of
Congress is matter which concerns the states
exclusively by the states; that there are and
can be no such elections as national elections,
and that the existing law of the United States
regulating the Congressional elections is with
out warrant in the Constitution. 1t is evident,
however, that the trainers of the Constitution
regarded the election of members of Congress,
in every district, as in very important sense
Justly matter of political interest and concern
to the whole country. The original provision
of the Constitution on this subject is as fol-
lows:
Section 4, article 1. "The times, places and man.
of holding elections for Senators and Represen-
tatives shall be prescribed in each state by the Leg
islature thereof, but Congress may at any time,
by law make or alter such regulations except to
the places of choosing Senator's"
A further provision has been since added
which is embraced in the fifteenth amendment.
1t is as follows:
SEC. 1. The right of citizens of the United States
to vote shall not be denied or abridged by the Unit
ed States or by any state on account of race color
or previous condition of servitude
Sec. 2. Congress shall have power to enforce
this article by appropriate legislation.
Under the general provision Of the Consti-
comprehensive law which prescribed full and
detailed regulations for the election of Sena-
tors by the legislatures of the several states.
This law has been in force almost 13
years. In pursuance of it all of the members
of the present Senate of the United States
called in question. 1t is confidently believed
that no sound argument can be made in sup
port of the constitutionality of national reg
ulation of Senatorial elections which will not
show that elections of members of the House
of Representatives may also be constitutionally
by the National authority. The bill
before me itself recognizes the principle that
the Congressional elections are not state cleo
lions but national elections. 1t leaves in full
force the existing statutes under which super
visors are still to be appointed by national au-
thority to ''observe and witness" the Congress
sional elections whenever due application is
made by citizens who desire said elections to
be guarded and scrutinized.' If the power
to supervise in any respect whatever the Con-
gressional elections exists under section arti-
Gle of the Constitution, it is power which,
like every other power belonging to the Gov
of the United States, is paramount
and supreme, and includes the right to employ
the necessary means to carry it into effect.
The statutes of the United States which reg
ulate the election of members of the House of
Representatives, an essential part of which it
is proposed to repeal by this bill, have been in
force about eight years. Four Congressional
elections have been held under them-two of
which were at the Presidential elections in
1872 and 1876. Numerous prosecutions, trials