Daily globe., 1879-07-01


to the House Of Representatives in which it
originated the bill entitled ''an act making
appropriation to pay the fees of United States
marshals and their general deputies" with the
following objection to its becoming law: The
bill appropriates the sum of 100000 for pay
ment during the fiscal year ending June Both,
1880, of United States nc arshals and their gen.
eral 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 its first session
after the adoption of the constitution. in the
judiciary act, which was approved September
24th, 1889. Their general duties, as defined in
the act which originally established 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 az fol-
lows:
Section 7S7-It shall be the duty of the mar
shal of each district to attend the dristrict and
circuit courts when sitting therein, and to ex-
ecute throughout the district all lawful pre-
cepts directed to him and issued under the
authority of the United States, and he shall
have power to command all necessary assistance
in the execution of his duty.
The original act was amended February 26th,
revised statutes is in the following form:
Section 788-Marshals and their deputies shall
have in each State the same powers in execu-
ting the laws of the United States as sheriffs
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
marshals and their deputies the due and regu-
lar performance Of which are required for the
efficiency of almost every branch Of public
service. Without these officers there would be
no means OF executing warrants, DEGREES or
other process of courts and the ju-
dicial system Of the country would be
FATALLY. DEFECTIVE.
Criminal jurisdiction of courts of the Unit
ed States is very extensive. Crimes committed
within the maratime Jurisdiction of the United
States are ire all cognizab BILE only in courts of the
United States. Grimes against public Justice
crimes against operations of the government,
such as forging or counterfeiting money or Sc
curities Of the United States crimes against
the postal laws, ofenses against the election
franchise. against the civil rights of citizens,
against the existence of the government; crimes
against internal revenue laws and custom laws;
crimes against laws for protection of Indian
and public lands-all of these crimes and
many others, can be punished only under
United States court laws, which taken together
constitute the body of jurisprudence which is
WELFARE OF THE WHOLE COUNTRY,
and which can be enforced only by means of
marshals and deputy msrshals of the United
States. In the District of Columbia all of the
process of the courts are executed by officers in
question. in that the execution of the criminal
laws of the United States, the service Of all
civil process 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
tenance of marshals and their deputies. They
are in effect the only police of the United
States government. Officers with correspond
ing powers and duties are found in every State
OF the Union and in every country which has
jurisprudence which is worthy the name. To
deprive the national gov overnment of these Off
GERS would be as disastrous to society as to
abolish sheriffs, constables and police officers
in the several States. 1t would be denial to
the United States of the right to execute it's
laws; denisl of all authority which requires
the use of civil force. The law
ENTITLED THESE OFFICERS TO BE PAID.
The funds needed for tue purpose herein are
collected from the people and are now in the
trea ury. No objection is therefore made to
that part of the bill before me Which appro-
PIRATES money for the support of marshals and
deputy marshals of the United States. The
bill contains however, other provisions which
are identical in tenor and effect with section
of the bill entitled an act making appropria-
tions for current judicial expenses which on
the 23d Of the present month WAS reported to
the House of Representatives with my objec-
tions to its approval. The provisions referred
TO are as follows:
Section 2. That the sums appropriated in
this act for the persons and public service en-
braced in its provisions, are in full for such
persons and public services for the
fiscal year ending June SOtb. 1880,
and no department or officer of the government
shall, during said fiscal year. make any con
tract or incur any liability for he future pay
ment OF money under any IF Ike provisions Of
title twenty-six, mentioned in the first section
OF this act, until an appropriation sufficient to
meet such contract or pay such liability shall
have hrst been made by law.
Upon reconsideration in the House of Rep
resentatives of the bill which contained these
provisions, it lacked constitutional majority,
and therefore, failed to become law. In order
to secure its enactment the same measure is
again presented for my approval, coupled in
the bill before me with appropriations for the
support of marshals and their deputies during
the next fiscal year. The object is manifestly
to place before the executive this alternative
either to allow the necessary functions of the
public service
TO BE CRIPPLED OR SUSPENDED
for want of appropriations required to keep
them in operation, or to approve legislation,
winch IN official communications to Congress,
he has declared would be violation of his
constitutional duty. Thus in this bill the
principal is clearly embodied that by virtue of
the provision of the constitution, which re-
quires that all bills for raising revenue should
originate in the House Of Representatives. bare
majority of the House of Representatives has
the right to withdraw appropriations for the
support OF the government unless the execu-
tive consents to approve any legislation which
may be attached to appropriation bills. re-
spectfuily refer to the communications on this
subject which have sent to Congress during
its present session, for statement of the
grounds OF my conclusions. and desire he;e
merely to report that in my Judgment to es.
tablish the principal of this bill, as to make a
radical, dangerous and unconstitu tional change
in the character of our constitution.
(Sgned) RUIHERFoRn B. HAYES.
Executive Mansion, June 80, 1879.
Henry Watterson Fight ng Mad.