The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1879-07-04
THE VETO POWER.

THE VETO POWER.
II Is Exercised Once More by the President
In the Case of the MarsI,als' Bill.
To the House of Representatives:
return to the House Of Representatives. In
which it originated, the bill entitled An act
making appropriations to pay the fees Of
United States Marshsls and their general depu-
ties" with the following objections to its &C.
coming law:
The bill appropriates the sum of s6O0, 900 for
the payment, during the fiscal year ending June
30, 1880, of United States Marshals and their
general deputies. The officers 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 Sept "a
1859. Their general duties, as defined in the
act which originally establishes Them were
substantially the same as those prescribed IN
the statutes now in force
The principal provision on the subject in the
Revised Statutes is as follows:
Section 7S7. 1t shall be the duty of the Marshal
of each district to attend the District and Circuit
Courts when sitting therein, and to execute
throughout the district all lawful precepts directed
10 him and issued uncer the authority of the
United States and he shall have power 10 com.
mand all the necessary assistance in the execution
of his duty.
The original act was amended Feb %
1895, and the amendment is now found in the
Revised atutes in the following form:
Section 7SS. The Marshals and their deputies
shal have in each State, the same powers in ex-
cutting the laws of the United States Sheris and
their deputies in such State may have by law in
executing the laws thereof
BY subsequent statutes additional duties have
10 Saa1
shsls and their deputies, the due and regular
performance of which are required for the eff
cheney of almost every branch Of the public
service Without these officers there would be
no means Of executing warrants, DEGREES, or
other processes Of the courts, and the judicial
system of the country would be fatally de-
fsctive.
The criminal Jurisdiction of the courts of the
United States is very extensive. Crimes COM
mitted within the maritime jurisdiction Of the
United States are all cognizable only in the
courts Of the United states. Crimes against
public justice; crimes against the operations of
the Government such as forging or counter
feiting money or securities Of the United States
crimes against the Postal laws; offenses against
the elective franchise; against the civil rights
of citizens; against the existence Of the Gov
eminent; crimes against the Internal Revenue
laws and Customs laws; crimes against the
laws for the protection Of the Indians and the
public lands
All of these crimes, and many others, can be
punished only under the United States laws,
which, taken together, constitute body of ju-
risprudence which is vital to the welfare of the
whole country, and which can be enforced only
by means of the Marshals and DeIuty Mar
shals of the United States.
In the District of Columbia, all Of the pro-
cesses Of the courts are executed by the officers
In question. In short, the execution OF the
criminal laws of the United States service of all
civil processes in cases in which the United
States is party, and the execution of the Rev
enue laws, Neutrality laws, and many other
laws of large importance, depend on the main-
tnance OF the Marshals and their deputies.
They are, in effect, only police Of the United
States Government
Officers with corresponding powers and du-
ties are found in every State Of the Union, and
in every country which has Jurisprudence
which il worthy of the name. To deprive the
National Government of these officers would
be as disastrous to society as to abolish Sher-
ifs. constablee and police officials in the sew
eral Statee. II would be denial to the United
States of the right to execute its laws, and o
denial of all authority which requires the use
of a civil force
. The law entities these officers to be paid.
Funds needed for this purpose have been col
lected from the people and are now Ia the
treasury No objection IT, therefore, made to
that part OF the bill before me which appro-
PIRATES money for the support of the Marshals
and Deputy Marshals Of the United States
The bill contains, however, other provisions
which are identical in tenor and effect with the
second section OF the bill entitled "An act
making appropriations for certain judicial ex-
penses." which, on the 23d of the present
month, was returned to the House Of Repre-
sentatves with my objections to its approval
The provisions referred to are as follows:
SEC. 2. That the sums appropriated in this act
for the persons and the public service embraced in
its provisions full for such persons and pub
lf.s Ton tJ,aG dine To-, 1901
and no department or officer of the Government
shall, during said fiscal year make any contract or
incur any l. ability for the future payment of money
under any Of the provisions of itle % mentioned in
the section Of this act until an appropriation suf
fcient 10 meet such contract or pay such liability
shall have first been made by law.
Upon reconsideration in the House Of Req
resentatives, of the bill which contained these
provisions, 1t lacked the constitutional MAORI
ty. and therefore failed to become a law. In
order to secure it's enactment the same measure
If again presented for my approval, coupled i'm
the the bill before me with the appropriations for
their deputies during the next fiscal
year. The object, manifeetly, is to place
before the Executive this alternative. either
to allow necessary functions of the public
service to be crippled or suspended for
them in operation, or to approve Legislation
which, In official communications TO
Congress, he has declared would be viola
ton Of bis constitutional duty Thus. in
this bill the principle is clearly embodied
that by virtue of the provision of the consti-
tuition which requires that sail bills for
raising revenue should originate In the House
OF Representatives" bare majority of the
House of Representatives has right to withhold
any appropriation for the support of the Govern
ment, unless the Executive COM ents TO approve
any Legislation which may be attached TO appro-
priation bills.
respectfully refer 10 the communications On
this subject which have cent to Congress dur
ing it's present session for statement of the
grounds ct my conclusions and desire acre
merely TO repeat that in my judgment, to cs-
tabish the principles OF this bill is to make a
radicsl, dangerous and unconstitutional change
in the character of our institutions.
lSgDedj RUTHERFORD b. HAYES
EXECUTIVE MANsoN. June 3u ls7p