Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1879-07-09
THE FIFTH VETO.
Tho President Objects to tho Us. Mar
shals Bill and Gives His Rea.
sons Therefor,
Referring the House to Former Me-
sages for Full Explanation.
WASHINGTON, June 30.-Following ia
the text Of the message received from the
president:

United States marshals and their genera
deputies with the following objections t
it, bsecyaing law:
The bill sppropriates the sum OF $500, 0,O0'
for payment during the fiscal year ending
June 3Oth, 1880, Of United States marshall
and their general deputies. The. officers
thus provided for are essential to the faith
created and their powers and duties de-
fined by congress at its first SEES
sion after the adoption OF the
constitution in the judiciary act
which was approved September Gath, 1889
Their general duties as defined in the act
which originally established them were sub
stantially the same as those prescribed in
the statutes now in force. The principal
provision ON the subject in the revised
statutes is a. follows:
"Section 7S7-It 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 is.
fued under authority of the United States,
and he shall have power to command all
necessary assistance in the execution OF his
duty"
The original act was amended February
28, 1895, and the amendment is now found
in the revised statutes in the following
form: "Section 7SS-Marshals and their
deputies shall have in each state the same
powers in executing the laws of the United
States as sherifs 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
marshals and their deputies, the due and
regular performance of which is required
for the efficiency of almost every branch oi
public service. Without these officers there
would be no means of executing war.
rants, DEGREES or other process
of courts and the judicial sys.
tenn of the country would be fatally
defective. The criminal jurisdiction Of
courts of the United States is very extensive.
Crimes committed within the maritime
jurisdiction of the United States are all
cognizable only in courts of the United
against the operations of the government,
such as forging or counterfeiting the money
or securities of the United States, crimes
against postal laws, ofenses against the
elective franchise, against the civil rights of
citizens, against the existence of the gov
ernment, crime against the internal rev.
enue laws, customs laws, crimes
against laws for the protection Of Indians
and public lands, all of these crimes and
many others can be punished only under
United States laws-laws which, taken alto.
which ID vital to the welfare of the whole
country, and which can be enforced only by
means of marshals and deputy marshals Of
the United States. In the District of Co.
lumbia all of the processes of the courts are
executed by the officers in question. In
short, the execution of the criminal law Of
the United States service Of all civil pre-.
cesses in cases in which the United States
il party, and the execution of the revenue
laws, neutrality laws and many other
laws of large importance, depends on
uties. They are in effect the only police Of
the United States. Government officers with
corresponding powers and duties are found
in every state of the Union and in every
country which has Jurisprudence which is
worthy of the name. To deprive the ma.
tional government of these officers would
be a. disastrous to society as to abolish
sheriffs, constables and police officers in the
several states. It would be denial to the
United States of the right to execute
its laws, denial of all authority which re
titles those officers to be paid. The funds
needed for the purpose have been collected
from the people and are now in the treas
ury. No objection is therefore made to
that part Of the bill before me which appro-
PIRATES money for the support of mar shali
and deputy marshals of the United States
The bill contains, however, other
provisions which are identical in
tenor and effect with the section
of the bill entitled can act max
ing appropriations for certain judicial
month was returned to the house of repre-
sentatives with my objections to its ap
proval. The provisions referred to are "
iollews:
"Section I'd. That the sums appropriated
| in this act for the persons and public ser
vice embraced in its provisions are in ful
| for such person and public service for tn
fiscal year ending June 3Oth, 1880, and nj
department or of6cer of the government
shall, during said fiscal year, make any con
tract or incur any liability for the future
payment OF money under any OF the provi
sions of title 26 mentioned In section --
OF this act, until An appropriation snficien
to meet such contract or pay such liabilit!
shall have first been made by law"
| Upon reconsideration in the house Of rep
| resentatives of the bill which contained
these provisions it lacked . constitutions
majority and therefore failed to become law
In order TO secure it, enactment the sam'
measure 10 again presented for my ap
proval, coupled in the bill before me viii
the appropriations for the support of mar
shsls and dsputies during the nc 1t fsca
year. The object manifestiy il to plsc
before the executive this alte rnative
Either to allow the necessary functions o
the public service to bs crippled or sus
pended for want Of the appropriation re
Or to approve legislation which il
| ohicial communication to congress he hA
declared would be violatien OF his censti
tutional duty. Thus, in this bill, the prin
ciple IL clearly embodied that, by virtue o
the provision of the constitution, which re
quires that all bills for raising revenu
should originate in the house Of represents
tivss, bare majority Of the house Of repre-
sentatives has the right to withhold appro
unleos the executive consents to approve an.
legislation which may be attached TO tn
Appropriation bills. respectfully refer =
the communications ON this subject, which
have sent to congress during its presen
session for ststement of the grounds .
my conclusions and desire here merely ;
repeat that in my judgment 70 establish tn
i principle Of this bill II to make radical
dangerous and unconstitutional change Il
the character Of our institutions.
(Signed) RUTHERFORD B. HAYES.
L ExBCU1TvR MANSION, June 80, 1879.
The house refused to pas the bill owe
the veto, the vote standing, yeas So, nay
IS, not the necessary two-thirds In th
Affirmative.
The Strawberry.
The following palats- thrilling encom
ium Of the stfawberYy h from emays b,
i John BOfroughs: "LOcusts and WI,