Daily globe., 1879-06-11

OAOANAAN09 O4NI A13 1OeOe
had been left according to the estimate Of the
department. offs Justice He was sorry Il
the acommittee had not been able to
reduce the pay Of marshAls great
deal more than it had. No money was appro.
shsis Tor election purposes, because : clause ins
the bill provided that no part OF the money ap-
should be used to pay any. salary,
etc., under, or in virtue of title 26, revised
statutes, or any provision thereof. That title
covered the appointment OF deputy marshals
and subpenage Of witnesses before supervisors
of elections. Section Of the bill repealed the /
test oath and provided q new method of draw
ing jurors. Section provided that no citi- |
zen shall be disqualified from service as q juror
on account of race, color or previous condition |
Of servitude. -
Mr.. Hiscock thought the, bill simply meant
deficiency. It means that q deficiency bill
would be brought in some time in the future.
The committee ON appropriations had seen fit
to bring in bill which cut down last years
appropriations and the only effect would be a
denial of Justice and postponement in the trial
of cases. sf t85y
Mr.. Garfield welcomed as being in the right
direction that clause of the bill which itemized
the expenses of courts. That clause Of the bill
which necessarily created a deficiency was
always Objectionable. OF course he could not
b
enough in it, but when he came to clause like
this, mo part of the money hereby appropriated
is appropriated to pay the salaries, compensa-
ton, fees and expenses under or in virtue of
title 26, revised statutes" and when these
statutes command the President to execute
them, he Garfield said the House
was not merely neglecting to appropriate
but was nullifying the enforcement and exc
cution of the laws. These were laws which the
House and Senate had tried to repeal, and had
not had tho constitutional power to do so. The
real state of fact was this Congress was to-day
constitutionally powerless to repeal these laws,
but tho committee on appropriations proposed
to pass a bill by which for the coming year the.
| law should be not repealed but nullifed, nom,
enforced. Thattswas only an indirect way of
doing temporarily and for one year what Con-
| gress had no constitutional power to do, abso-
| lutely and permanently. He hoped the House
would think better Of it and strike that out of
the bill. He criticised also the second section
of the bill, prohibiting any department of the
government from making any contract or. in.
curing any liability for future payment of
money not appropriated.
| Mr.. Cox-Is not that substantially the law
now s. Z
Mr.. Garfeld-In 1870 Congress passed q law
1 restricting the expenditure for any one year to
appropriations made. for that year. Then it
| was found that heads of departments pre-
tended to make obligations in the form of con-
=
of the government shall involve the govern
ment in any contract for future payment Of
1 money in excess Of appropriations. As a part
I of the same provision it is provided in section
1882 that no contract or purchase on behalf of
the United States shall be made unless the
same is authorized by law, except and here is
an exception utterly overlooked in this law, in
the war and navy departments for clothing,
. subsistence; forage, fuel, water or transporta-
tion. This may throw little side light on
anotherlbill to be reported for the army. Un.
der the law .as it now stands, if Congress neg
lected to pass the regular appropriation bill, o.
s, If the appropriations ran out the army is still
to be fed and not starved to death. It is to be
L clothed and not left naked, it is to be trans
, ported and not left idle. So also with tn,
navy, but here is a section which nullifes that
Mr. Carlisle-The act of 1870 contains no ex.
) ception whatever,
4 Mr.. Garfield have read from the existing
revised statutes two sections that must be con
strued together. The one does not repeal th'
! ! other. 1t was enough for me to know that thi
is the law, but here is an inhibition not mere
/ ly to make any contract, but ito incur any liza
bility." That is term much broader thai
has been in the statnte hitherto. What does i
mean? 1t would prevent the President from
> sending minister extraordinary to a foreigI
); court although authorized TO do 80 by the con
/ stitution. It would prevent him appointing
: Judge to new judicial district In Short an
b executive act which the Presidents is command
+ ed to perform he is here forbidden to perform
1 ! if it's performance incurs any liability. Th
J, meaning Of it all is this, during the curren
year there is to be an election for Congress i
9 the State of California and in the West Cheste
Z; districtsof New York. This section is aimed a
. this, that neither the President, nor the court
:, nor the marshals shall appoint the necessar
supervisors and deputy marshals to supervis
and keep peace at these elections. 1t is pu
there to nullify the power of the United State
L ho,o nj nj
have resisted tho repeal of ighteous laws undt
: coercion, none the less will We resist their nu
= lifcation. The chapter of forcing their repe
seems to have been closed, but the chapter
q multiplying them is now open. In this chaptt
g. we on this side of the House stand by tt
es laws, not only that they must remain on Il
p. statute book, but that they shall be executed
to If you do not appropriate the money we cal
Il not help ourselves. We are powerless to a.
propriate without you but not by our consel
O. can you nullify law which the constitute
ze does not permit you to repeal.
Al Mr.. Springer-Is it not within the provin,
q. of the majority in the House and Senate
n withhold appropriations for any purpose?
O. Mr.. Garfeld-Oh, yes. i
Mr.. Springcr-And what complaint have "
to make against the majority for refusing n
ID propriations for objects which they deem su
no versive of the rights and liberties of the pc
~ pie? ETC
= = Mr.. Garfield can best answer your que
q. tion by quotation from the distinguish
u gentleman from. Virginia, (Tucker), that 'rig
in the solemn sanction Of an oath. We have
it's sworn that we will well and faithfully perfor
ne the duties Of representative under the cons
~ tuition, and this constitution says that COngre
shall appropriate money for certain purpos
~ for the President, the judge, and other fur
on man here see fit to neglect that high duty a
les to violate that great obligation. they mi