The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-06-24

N,'. an act making appropriations LOT
NV. ,oi, ndicial expenses" return ~ ne'.
ccItS'" ,be House OF Representatives. 10
VIZ" !, originated. with the iotto"'uS wv
N" s,;,rs 10 its approval:
lcS,,. General purpose OF the Dill Is 10 pro
"I ,nr certain judicial expenses OF tue
Y'ur .y nocnt for the fiscal year ending juno
9hNtIs ,+'' tnr which the sum OF $2,69o,o0o Is
~ |,;stcd These appropriations are
aRp":s,5t 70 keep in operation the Senerai
rcQu": n The judicial department OF me
lN'' ' and IL This part OF the ni't
COW Lime there would he 10 objection 10
s''o" .,royol. Il contains, however, DINER
Us ~t;;,,< 70 winch l desire respectfully 10
IL. rour attention. >,
s." .hr rrcseut session Of Congress ma.
~ 10th houses, favoripg repeal OF
!'.'',. ,,rcS>i9nal election laws, embraced
." r % NJ The Revised Statutes, passed
/" " for that purpose as part OF Dill
e,;,,cd :. An act making appropriationSfo
o.ri.ls.iyr. executive, and IudicIal eN-
'", ~ the Government for the fscal
in- nodrrr juno so. 1880, and Tor other
sn,,ns.S Unable TO concur with Con-
800. :, that measure, on the 29!h OF May
=, returned the bill 20 the House OF
T.,rr.cn!a,ivcs. in which II origlnaleG,
r'bout my approval, for that further con-
,;8eraiion for which the Constitution pro-
Ers on reconsideration the bill was ap-
,,roy.6 bv less than two thirds OF the
;In,.r and failed TO become a law. The
Iisc,iop laws. therefore, remain valid en-
,.,rnrpis and the supreme law OF the land,
,i,riu. rot only upon all private cltlZens,
hm. also alike and equally binding upon all
,,ho are charged with the duties ana re-
snoD,iniIirics OF the legislative, the eNecu-
I'VE. and the judicial departments OF the
II X moi sought by The bill before me to
ranrql the election laws. It's object is to
d.,,at their enforcement. The last clause Of
,nc first section is as follows:
:. and no rarI Of the money hereby appio-
rris,ed Is appropriated 10 pay any salaries,
Conversation. fees, or expenses under or
in y'riuc Of title twenty-siX OF the Revised
,,,rutr<. or Of any provision OF said title"
Ti,tn iwcnty-SiX Of the Revised Statutes
referred 10 IN The foregoing clause relates to
the rlar.lvc franchise and contains the laws
NOW In force regulating the congressional
elections.
Thc second section of the bill reaches
much further. Ii is rs follows:
"~rctioI >. That the sums appropriated
in this act for the persons ana puDllc ser
vice embraced III its provisions are In 1ull
for such persons and public service for the
f.rql wear ending jane SO. 1880. and no de-
,4rtncnt or officer OF the Government snail,
lulin. said fiscal year, MIKE any CONTRACT
or incur any liability Tor The future pay
wcut 81 money under any or the pfoVl-
>ion> Of It'll" - OF til" Revised Statutes OF
the United states authorizing the appoint
mcut or payment OF general or speclal
deputy marshai> for service IN connection
with elections or on e!cction-day. until an
AUTHORIZATION sufficient to meet such con-
tract or pay such Liability ShaIi laVe nrSI
been made hv law
Th, section OF the bill is intended to
make an extensive and essential change IN
the existing laws. The following are Inc
provisions OF the Statutes Oh the same sub
j"r which are now in force:
">ection 2G10. No department OF the
Government shall cXpend in any one fiscal
wear any sum in excess OF appropriations
made hy Congress for that fiscal year, or in
yolyc the Government in any contract for
the future payment or money IN excess ol
such appropriations"
.Secton 1872. No contract or purchase
on behalf OF the United States shall be
made unless the same is authorized by law,
or is under an Apr opriation adequate to lis
fuhmclt, except in the War and Navy
DEPARTMENTS for clothing, subsistence, for.
age. fuel, quarters, or transportation,
which, however, shall not exceed the neceS-
sites II the current year.
The object Of these sections OF the Re
y,ed Statutes is PLAIN. 1t is, first, 10 pre-
vent any money from being expended unle! 3
appropriations have been made therefor !;
and. second. to prevent the Government
from being bound by any contract not pre-
yiou-lv authorized by law, except for GER
tain necessary purposes in the War and
Navy Departments.
Under the existing laws the failure OF
Congress 10 make the appropriations re-
CURED for the execution OF the provisions
o! the election laws would not prevent their
enforcement. The right and duty TO ap-
point the general and special deputy mar
>haIs which they provide for would still re-
main. and the Executive Department OF the
Government would also be empowered to
incur the requisite liability for their COM
pensation. But the second section OF this
bill contains a prohibition not FOUND III
any previous legislation. It's design Is 10
render the election laws imperative and
dead letter during the next fiscal year. Ii
is sought to accomplish this by omltting to
money for their enforcement
and By expressly prohibiting any Depart
mcnt or officer or the Government from IN
curing any liability under any OF the pro
visions of title twenty-siX OF the Revised
Statutes authorizing the appointment OF
payment OF general or special deputy mar
Snals for service on election-days, until an
appropriation sufficient 10 pay such liability
shall have first been made.
The President is called upon to give his
Affirmative approval to positive enactmcnts
which, IN effect, deprive him of the ordi-
nary and necessary means or executing
laws still left on The statute-bock, and em-
braccd within his constitutional duty to see
that the laws are executed. II he approves
the bin, and thus gives 10 such positive en-
actmenis the authority OF law, he partlcl-
patcs in the curtailment OF his means OF
seeing that the law is faithfully executed
while the obligation Of the law and OF his
constitutional duty remains unlmpaired.
The appointment Of special deputy mar
>aals Is not made by the statute sponta-
ne0uS act OF authority on the part OF any
executive or judicial officer OF the Govern
mcDt, hut is accorded rs popular right OF
the citizens TO call into operation this agency
tns securing the purity and freedom OF elec-
lions III any city or town having twenty
thousand inhabitants or upward. Section
202l OF tie Revised Statutes puts 1t IN the
power OF any two citizens OF such city or
toxin TO require OF the marshal OF the dis
trict the appointment of these special de-
putty Inarsnas. Thereupon the duty OF the
marshal becomes imperative, ind its non
performance would expose him to judicial
mandate or punishment, or 10 removal from
Office by the President, as the circumstances
OF his conduct might require. The bill now
before me neither reyokes this popular