The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1879-06-27

Full Text Of the Presidents Questions to the
Judicial Expenses Bill.

VEIN mESNAULe
Full Text of the Presidents Objections to the
Judicial Expenses Bili.
To the House of Representatives
After careful examination Of the bill enti-
tied An act making appropriations for certain
judicial expenses" return it herewith to the
House of Representatives, in which 1t origi-
mated, with the following objections to Its ap-
proval:
The general purpose Of the bill is TO provide
for certain judicial expenses Of the Govern
ment for the fiscal year ending June 30, 1880,
for which the sum Of $2,69O,0OO is appropria-
ted. These appropriations are required to keep
in operation the general functions Of the Judi
cial Department of the Government and If
this part OF the bill stood alone there would be
no objection 10 its approval. 1t contains, how
ever, other PROVISIONS to which desire re-
specially TO ask your attention.
At the present session OF Congress majority
of both houses, favoring repeal OF the Con-
gressional Election laws, embraced In title
20 of the Revised Statutes, passed measure
for that purpose as part OF a bill entitled An
act making appropriations for the Legislative,
exclusive and judicial expenses of the Govern
ment for the fiscal year ending June 80, 1880,
and for other purposes" Unable to concur
with Congress in that measure, on the 18th of
May last, returned the bill to the House of
Representatives, in which it originated, without
my approval, TOR that further consideration for
which the constitution provides.
On reconsideration the bill was approved by
less than two thirds Of the House, and failed to
become q law. The election laws, therefore,
remain valid enactments, and the supreme law
citizens, but also alike and equally binding upon
all who are charged with duties and RESPONSE
blities of the Legislative, executive and judicial
departments Of the Government
1t is not sought by the bill before me to re-
peal election laws. Its object is to defeat their
enforcement The last clause OF the first Sec
ton il as follows:
@And 10 part of the monsp hereby appropri-
ated il appropriated to pay any ga aries, COM
pensation, fees, or expenses, under or IN virtue
of title 26 of the Revised Statutes or any pro-
vision of said title"
Title rs of the Revised Statutes, referred to
in the foregoing clause, relates to the elective
franchise, and contains the laws now in force
regulating Congressional elections.
The second section of the bill reaches much
further. It il as follows:
Section 2. That the sums appropriatedin this act
for the persons and public service embraced in its
provisions are in full for such persons and public
service for the fiscal year ending June So 1eS0 and
no departm, MT or officer of the Government shall
during said fiscal year. make any contract, or incur
any liability for the future payment of money I'M
der any of the provisions of title ~ of the Revised
Statutes of the United States, authorizing the APP
pointment or payment of general orspecia Deputy
Marshals for service in connection with an cleo
ton or on election day until an appropriation suf
cient TO meet such contract or pay such liability
shall have first been made by law.
This section Of the bill is intended to make
an extensive and essential change in the exist
ing laws. The following are the provisions Of
the statutes on the same subject which are now
in force;
Section 2.679 No department of the Government
shall expend in any one fiscal year, any sum in
cess of the appropriations made by Congress for
that fiscal year, or involve the Government in any
contract for the future OF money in excess
of such appropriation.
Section 273l. No contract or purchase on behalf
of the United States shall be made unless the same
il authorized by law, or is under an appropriation
adequate to its fuliilment, except in the War and
Navy Departments for clothing subsistence, for
age fuel, quarters transportation, which. how
ever shall exceed the necessares of the current
year.
The object OF these sections OF the Revised
Statutes is plain. 1t is, first, to prevent any
money from being expended unless an appro-
pria'ion has been made therefor; and, second,
to prevent the Government from being bound
by contract not previously authorized by law
except for certain necessary purposes in the
War and Navy Departments.
Under the existing laws the failure of Con-
gress to make the appropria ions required for
the execution Of the provisions of the election
laws would not prevent their enforcement. The
right and duty to appoint general and special
Deputy Marshals, which they provide for, would
still remain, and the Executive Department of
the Government would also be empowered to
incur the requisite liability for their compensa-
ton. But the second section of this bill con-
tains prohibition not found in any previous
legislation.
Its design is to render the election laws in
operative and dead letter during the next
Glnal rna II 70 10 ,I,aht a..
emitting to appropriate the money for their
enforcement, and by expressly prohibiting any
department or officer or the Government from
mourning any liability under any Of the pro-
visions of title 70 of the Revised Statutes, au-
thorizing the appointment or payment of gen.
eral or special Deputy Marshals for service on
election days, until an appropriation sufficient
to pay such liability shall have first been
made.
The President is called upon to give
his affirmative approval to a positive en-
actment which, in effect would deprive him of
the ordinary and necessary means OF executing
the laws, still left on the statute book and en-
braced within his constitutional duty to see
that laws are executed. If he approves this
BILL and thus gives to such positive enactments
the authority Of law, he participates in cur
tahment of his means Of seeing that the law is
faithfully executed, while the obligation of law
and of his constitutional duty remains unim-
paired
The appointment OF special Deputy Mar
shals is not made by the statute a spontaneous
act of authority on the part Of any executive or
judicial officer Of the Government, but is ac-
corded as the popular right of citizens to call
into operation this agency for securing the
freedom of elections in auy city or town having
20,OO0 Inhabitants or inward.
Sc ,tion ?, O2l of the Revised Statutes puts il
in the power of any two citizens of such city or
town to require of the Marshal of the district
the appointment of these special Deputy Mar
shals. Thereupon the duty of the Marshal be-
comes imperative and it's non performance will
expose him to judicial mandate or punishment,
or to removal from Office by the President as
the circumstances OF his conduct might rc-
Qure
The bill now before me neither revokes this
popular right of citizens nor relieves the Mar
shals of the duty imposed by law, nor the
President of his duty to see that this law is
faithfully executed.
forbear to enter again upon any general
discussion of the wisdom and necessity of the
ection laws, or the dangerous and unconsti-
tut'onal principle Of this bill; that the power
vested in Congress to originate appropriations
involves the right to compel the Executive to
approve any legislation winch Congress may
See mt TO attach To such bills under the penalty
OF refusing the means needed to carry out es-
sentlal functions of the Government
My views on these subjects have been suff-
GENTLY presented in special messages sent by
me to the House OF Representatives during It's
present session.
What was said in those messages regard a.