Ellsworth American., 1879-05-08
Vol. XIV. Whole No. 1867. No. 10.

ours In the claim of the house, adds to the
gravity of the situation, but does not alter
the question at issue. The new doctrine,
| II entertained, will result In a consolids-
tion placing unchecked and despstic pow
er In the House of Representatives.
A bare majority of the House will be-
come the Government. The Executive
will no longer be what the trainers Of the
Constitution intended. an equal and inde-
pendent branch Of the Government. 1t Is
clearly the constitutional duty Of the Pres
ldent TO exercise his discretion and judy
ment upon all bills presented to him with
out constralnt or durcss from any other
branch of the Government.
70 say that majority Of either or both
of the Houses of Congress may Insist on
the approval OF a bill under the penalty Of
stopping all of the operations OF the Gov
ernment for want of the necessary sup
plies is to deny to the Executive that share
OF the Legislative power which is plainly
conferred by the second section Of the
seventh article of the Constitution. 1t
strikes from the Constitution the qualified
negative of the President. II Is said that
this should be done because it Is the peeu-
liar function of the House of Representa-
tives to present the will OF the people, but
no single branch or department of the Gov
ernment has conclusive authority to speak
for the American people. The most au-
thentic and solemn expression of their will
il contained in the Constitution of the
United States. BY that Constitution they
nave ordained aud established a Govern
ment whose powers are distributed among
coordinate branches which as far as pos
siole, consistently with harmonious CO.
operation, are absolutely independent OF
each other. The people of the country are
unwilling TO have the supremacy OF the
Constitution replaced by the omnipotence
OF any department OF the Government.
The enactment of this bill into a law will
establish precedent which will tend to
destroy the equal Independence OF the sew
eral branches of the Government. Its
principle places not merely the Senate and
the Executive. but the Judiciary also
under the coercive dictation OF the House.
The House alone will be the Judge of what
constitutes Il grievance and also OF the
means aud measure OF redress.
/ An act OF Congress to protect elections Is
now the grievance complained OF, but the
! House may on the same principle deter
mine that any other act OF Congress, u
treaty made by the President, with the ad-
vice aud consent of the Senate, a nomina
/ ton or appointment to office, or that de-
/ cision or an opinion oI the Supreme Court,
/ is a grievance, and that the means Of re-
/ dress il TO withhold the appropriations re-
/ CURED Tor the support OF the offending
/ branch of the Government.
/ believing that this bill is dangerous
violation OF the spirit and meaning of the
/ Constitution, | am compelled TO retnrn it
( TO the House IN which It originated without
my approval The qualified negative with
which the Constitution Invests the Presl-
/ dent is trust that Involves duty which
cannot decline 10 perform with n firm and
/ conscientious purpose TO do what can TO
maintain unimpaired the constitutional
/ powers aud equal independence not merely
of the executive but every branch OF the
+ Government which will be imperled by the
adoption OF the principle OF this bill. de-
/ sire earnestly To urge upon the House OF
{ Representatives return TO the wise and
wholesome usage OF the earlier days OF the
Republic which excluded from sppropria-
[ tiou bills all irrelevant Legislation. BY this
1 course sou will iuatguratc an Important
reform in the method of Congressional leg
isiation. Your action will DO in harmony
with the fundamental principles OF the
/ Constitution and the patriotic sentiment OF
nationality which Is their firm support and
YOU viii restore TO the country that feeling
OF confidence aud security and repose
which are So essential To the prosperity of
all oar fellow citizens.
Signed) RUTHERFORD b. HAYES.