The New York herald., 1879-07-01
REPUBLICANS ROUNDING OUT THEIR RECORD.
Adjournment To-Day and No
Second Call.
VETO OF THE MARsAALs BILL
Zack Chandler Again Goes for
the Democracy.
WASHINGTON. June 80. 1879.


The following Message from the President
delivered to the House of Representatives immedi-
ately after twelve NJ to-day.
To THE HOUSE OF REpREsENrATvEs:-
return to the House OF Representatives, in which
1t originated. the bill entitled "An act making ap-
preparations to pay fees of United States marshss
and their general deputies" with the following OBJ
jections to its becoming laws
The bill appropriates the sum of 5000 900 for the
payment during the fiscal year ending June 3O 1880,
of United States marshals and their general depu-
ties. The offices thus provided for are essential to
the faithful execution Of the laws.
They were created and their powers and duties
defined by Congress at the first session after the
adoption of the constitution in the Judiciary act.
which was approved September "a. 1889. Their gen.
eral duties. defined in the act which originally
established them. were substantially the same
those prescribed in the statutes now in force The
principal provision on the subject in the Revised
Statutes Is as follows
SEC. 7s7.-It shall be the duty Of the marshal of
each district to attend the District and Circuit
when sitting therein and to execute throughout the
district all lawful precepts directed to him and is
sued under the authority Of the United States and
he shall have power to command all necessary
sfstance in the execution Of his duty
The original act amended February 2S 1795.
and the amendment is now found in the Revised
Statutes IN the following form -
SEC. 788.-The marshals and their deputies shall
iave in each State the powers in executing the
laws OF the United States the shernfs 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 required for the efficiency Of almost every
branch Of the public service. Without these off,
GERS there would be no means of executing the
rants DEGREES other processes Of the courts and
the Judicial system OF the country would be fatally
defective.
DUTIES OF MARsHALs.
The criminal juri. fiction of the courts of the
United States is ary extensive. The crimes COM
mitted within tie maritime Jurisdiction Of the
United States sognizabe only in the courts of
the United States. Crimes against public justice;
crimes against the operations Of the govern
ment. such as forgery counterfeiting the
honey or securities Of the United States;
crimes against the postal laws; offences
against the elective franchise against the civil rights
Of citizens. against the existence Of the
crimes against the internal revenue laws the Gus.
toms laws the neutrality laws; crimes against laws
Tor the protection Of Indians and OF the public
lands-all Of these crimes. and many Others can be
punished only under United States laws laws
which, taken together. constitute q body of juris-
country, and which can be enforced only bv means
Of the marshals and deputy marshals of the
United States. In the District of Columbia all of
the process Of the courts is executed by the off,
GERS in question. In short, the execution Of the
criminal laws Of the United States. the service of
Ill civil process in in which the United States
Is party. and the execution of the revenue laws.
he neutrality and many other laws of large
Importance depend the maintenance of the
marshals and their deputies. They are in effect
The only police OF the United States govern
ment. Officers with corresponding powers and du-
ties found in every State OF the Union, and in
eveey country whichNlas Jurisprudence which is
worthy of the name To deprive the national gov
ernment Of these officers would be disastrous to
society as to abolish the sherifs. constables and
police officers in the several States. 1t would be q
denial to the United States OF the right execute
its laws; denial of all authority which requires the
OF civil force The law entities these officers be
paid. The funds needed for the purpose have been
collected fromhe people and are in the Treasury
No objection is therefore made to that part of the
bill before which appropriates money for the
support of the marshals and deputy marshals Of the
United States.
OBJECTIONABLE FEATURES.
The bill contains. however. other provisions which
re identical in their tenor and effect with the second
atoms for certain Judicial expenses" which. on tho
G3d Of the present month. returned the House
of Representatives with my objections to its ap-
proval. The provisions referred to follows -
SEC. 2-That the sums appropriated in this act
for the persons and public service embraced in it's
provisions are in full for such persons and public
service for the fiscal year endng June 80. $780, and
no department or officer OF the government shall
during said fiscal year. make any contract incur
any liability for the future payment OF money under
any OF the provisions Of title 49, mentioned in sec
ton of this act until appropriation sufficient
meet such contract pay liability shall have
FIRST been made by law.
Upon a reconsideration in the House Of Reprcsen.
tatives OF the bill which contained these provisions
it lacked constitutional majority and therefore
failed to become law. In order to enact
ment the same measure is again presented for any
approval coupled In tho bill before with appro-
prissions for the support of marshals and tn cir
deputies during the next fiscal year. The
object manifestly is to place before the Ex-
ecutve this alternative--either to allow
necessary functions of tho public service to be
crippled or suspended for want of the appropria-
tions required to keen them in operation or to ap-
prove legislation which in official communications
to Congress he has declared would be a violation Of
his constitutional duty. Thus In this bill the
principle Is clearly embodied that by virtue Of tho
provision of the constitution which requires that
"ai bills for raising revenue shall originate
in the House Of Representatives, bare majority of
tho House OF Representatives has tho right to with
hold appropriations for the support Of the govern
ment. unless the Executive consents to approve
aLy legislation which may be attached to appro-
priation bills. | respectfully refer to the com
munications ON this subject which have sent
to Congress during the present session for a
statement Of the grounds of my conclusions. aud de-
sire here merely to repeat that in my judgment TO
establish the principle of this bill is to make a rad
cal. dangerous aud unconstitutional change in tho
character of our institutions.
RUTHERFORD B. HAYES.
EXECUTIVE MANSION. June 80 1872
FROM OUR REGULAR CORRESPONDENT. /