American citizen. [volume] (Canton, Miss.) 1864-1890, 1879-07-05
ANOTHER VETO.
The President Refuses to Sign
the Judicial Expenses Bill,

To the House Of Representatives.:
he'd IAN ast mailing approprfations Tor Sci
tain judicial expenses" l return it herewit
originated, with the following objections I
its approval:
vide for certain Judicial expenses of the Gov
lsso, for which the sum Of g $40 ooo is appro
priated. These appropriations are require
J aaieia 1 bepaf9et & the
would be no objections to its approval.
contains. however. other provisions to whicl
TIE tS m
fty OF both Houses, favoring the repeal OF
THE CONGRESSIONAL ELECTION LAWS
embraced In Title 2s of the Revised Statutes
passed measure for that purpose as part o
the bill entitled IAN act making apprOpria
tons for Legislative, Executive and Judicia
expenses of the Government for the fsca
poses" Unable to concur with Congress il
that measure, on the goth of May last re
tives, in which it originated, without my np
proval, and for that further consideration
which the Constitution provides: On recon
| sfderatfon, the bill was approved by less thar
two thirds of the House and failed to become
a law. The Election laws, therefore, remsir
land. binding not only upon all private citi
zens, but also alike and equally binding up
responsibilities of the Legislative, Executive
and Judicial Departments of the Govern
ment: 1t is NOT Sought by the bill before me
to repeal the Elestion laws Its ~5ject IS
TO DEFEAT THEIR ENFoRos.:Enf.
The last elatise of the first section is as fol-
| lows; "And no part of the money hereby
Is fss o to pay any
| under or in virtue of Title 26 of the Revised
IS @1 OF
| the foregoing clause, relates to the elective
franchise. and contains the laws now in force
second section of the bill reaches much fur
| Their. 1t is as follows:
act for ali persons and the public services
embraced in its provisions are in full for such
ending ending June 3D. $50 and no department tor or
officer of the Governftent shall, ,duriitg said
| fiscal year, make any contract or inctif any
under any of the PROVISIONS OF Title IS of the
| Revised Statutes of the United States, author
| izing the appointment or payment of General
| or Special Deputy Marsfais for service in
| connection with elections. or on election day,
until an appropriation sufficient to meet ouch
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 EXISTING LAWS.
The following are the provisions of the stat
utes on the same subject, which are now in
Section 2e79 No Department of the Gov
eminent shall eApend In any one fiscal year
made by Congress for that fiscal year, or In
yOlve the Governmentin any contract for the
future payment Of money in excess of such
Section 27s2. No contract or purchase on
behalf OF the United States shall be made un-
less the same is authorized by law or is under
an appropriation adequate to its fulfllment,
except in the War and Navy Departments
quarters or transportation, which, however
shall not exceed the necessities 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
for; ; and, second, to prevent the Governments
FROM being bound by atty Contract not ptevf-
%
partments. Under the existing laws, the failure
Of Congress to make the appropriations re:
the election laws would not prevent their en-:
forcement. The right and duty to appoint
they provide for would still remain, and the
Executive Department. Of the Government
auisite liability for their compensation, but
the second section of this bill contains a pro-
hfbftfon not found In any previous iegisia-
tion. Its design Is to
RENDER THE ELECTION LAWS INoPERArIv1
and . dead letter during the next fiscal year.
Il II sought to accomplish this by emitting TO
sns snd by ea9 any De-
partment or Offcer OF the Government from
Ike
thorizing the appointment or payment OF
General or Special Deputy Marsnals, for
ton suf1icient to pay such liability shall have
nrst been made. The President is called up
positive enactments, which in effect deprive
him of the ordinary and necessary means OF
executing the laws still left on the statute
al duty Z" to see that the laws are executed"
If he approves the bill and thus gives to such
participates in the curtailment of his means
of seeing that the law is faithfully executed,
constitutional duty remains unimpaired. The
appointments OF
SPECIAL DEPUTY MARsHALs
Of authority On the part Of any Executive or
Judicial officer of the Government, but is
accorded as the popular right OF citizens to
for sa securing the iff reedom Of elections IN
any city or town having aO'ooo Inhabitants OF
Section 9o2l of the Revised Statutes puts It
in the power Of any two citiz ems Of such
sisS OF Of f0"a the 20 df sa the appoiat
ment of these Special Deputy Marshals:
the its she
wall expose him to Judicial mandate or pun
tsnment o, 90 f of his cone
duct might require. The bill before me now
this OF 9he g9i 11
law, nor the President of his duty to see that
this law is faithfully executed.
/ forDear to enter again upon any general
discussion of the wisdom and necessity OF
THE ELECTION LAWS
or the DANGEROUS and uneonstitutionaI prin,
ciple of this BILL and the power Ves s, IN
ing the right to compel the Executive to APP
provo any legislation which Congress may
See at to attach to such bills under the penal
ty of refusing the means needed to carry cut
the essential functions of the Government
My views on these subjects have been suf-
ficiently presented In special messages sent
BY me to the House OF Representa5ives dur.
ing their present session. What was
said in those messages 1 regard as
conclusive to my duty in respect to the
bill before me. The arguments urged in
these communications against the repeal OF
the Election laws and against the right OF Con
gress to deprive the Executive of that separ-
ate and independent discretion and Judgment
which the Constitution cOnferS ana requires
are equally cogent in opposition to TINS Dill
This measure leaves the powers and duties
of Supervisors of Elections untouched The
compensation of these officers Is PROVIDED
for under the permanent laws, ana no naDin-
ty for which an appropriation is now requir'
ed would therefore be incurred by their ap-
pofntment, but the
POWER OF THE NATIONAL GOVERNMENT
to protect them in the discharge of their duty
at the polls would be taken away. The States
may employ both civil and military power at
elections, but by this bill even the civil au-
thority to protect Congressional elections Is
denied to the United States. The object Is to
prevent any adequate control by the United
States over National elections, by forbiddfng
the payment of Deputy Marshals, officers
the election laws.
The fact that these laws are deemed objec-
Congress is urged as sufficient warrant for
this legislation. There are two lawful ways
to overthrow legislative enactments. One is
competent tribunal against their validity.
THE EFFECT OF THIS BILL
In to deprive the Executive Department OF
the Government of the means to execute
laws which are not repealed, which have not
been declared invalid, and which 1t is there