Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-04-30
force the laws. This Is altogether foreign TO the
purpose OF any appropriation bill


IT, Many abuses and great waste Of public money
nave IN this way crept into appropriation bills.
| me public opinion Of the country IL against II.
ihe states which have recently adopted cunsttu-
tons have generally provided remedy for the
| evll ny enacting that no law shall contain more
| than one subject, which shall be plainly OK.
pressed in its title The constitutions of more
| than hall OF the states contain substantially this
provision. The public welfare will be promoted
| in many ways by return to the early practice II
the government and 10 the true principle Of legs-
| lat0n which requires that every measure shall
stand or fall according 10 its own merits II IL
were understood that to attach to an appropria-
ton measure irrelevant to the general object Of
| the bill would mperil and probably prevent liz
iinal passage and approval, valuable reform in
| the parliamentary practice of Congress would he
accomplished The best justification that has
been offered for attaching rroierdnt riders to APP
| preparation bills Is that IL Is done for convenience
| sake, to facilitate the passage Of measures which
| are deemed expedient By all the branches Of
| government which participate In legislation. 1t
cannot be claimed that there is any such reason
for attaching this amendment OF the election laws
to the Army Appropriation Bill. The history of
| the measure contradicts this assnmption--a ma
| iority Of the House of Representatives in the last
Congress was In favor Of section six Of the bill.
| II was known that majority Of the Senate was
| opposed to it, and that as a separate measure il
could not be adopted. It was attached to the
| Army Appropriation Bill TO compel the Senate to
assent TO II, 1t was plainly announced to the
Senate that the Army Appropriation Bill would
not be allowed topass unless the proposed amend
IT,
The Senate refused to assent to the bill on az
count of this irrelevant section. Congress there
| upon adjourned without passing an appropriation
| bill for the army and the present extra session VI
| the fcrty-sixth Congress became necessary t.
furnish the means to carry on the government.
GRAVE QUESTION
That a question Of the gravest magnitude and
| new in this country raised by this course of
proceeding was fully recognized also by its de
| Tenders in the Senate 1t was said by distn-
| tiuUuiglp1 prI n m Urn tpr
in the form we are brought to consider it was ever
| considered by the American Congress in time OF
ueace for 1t involves not merely the merits or de-
merits OF the laws which the House bill proposes
to repeal but involves the rights the privileges
| the powers, the duties Of the two branches of
Congress and OF the President Of the United States
| 1t il vast question, it Is a question whose i'm
| portance can scarcely be estimated It IL aues-
tiOn that never yet has been brought 50 sharply
| before the American Congress and the American
| people rs 1t may he now 1t is question which
sooner or later must be decided, and the decision
must determine what are the powers Of the House
| OF Representatives under the Constitution, and
what is the duty Of that House in the view Of the
trainers Of that Constitution according to its let
| ter aud its spirit. Mr. President, should ap-
prOach this question, II were in the best possible
| condition To speak and TO argue ii, with very
| grave ditiidence and certainly with the utmost
anxiety, for no one can think OF it as long and
carefully as have thought Of it without seeing
| that we are at the beginning, perhaps Of a
| struggle that may last long in this country
|
| toned to call the motherland. There the struggle
| lasted for two centuries before il was ult-
mately decided 1t is not likely to last go long
| here, but 1t may last till every man in this
| chamber Is in his grave. 1t is the question
whether or no the House Of Representatives has
the right to say, We will grant supplies only upon
| condition that grievances are redressed We as
the Representatives of the tax payers of the Re
| public, we, the House of Representatives, alone
| nave the right to originate bills which grant the
| money OF the people. The Senate represents
q "a puyp pf pa-
| public. We therefore by the very terms of the
Constitution are charged with the duty of orgnat-
Ing the bills which grant the money Of the people.
| We claim the right which the House of Commons
| in England established after two centuries Of con-
| test to say that we will not grant the money Of
the people unless there is Il redress Of grievance.
Upon the assembling of this Congress in pursu-
ince Of IA call for an extra session which was made
| necessary by the failure of the Forty-fiith Con-
gress TO make the neediul appropriations for the
support of the government, the question was pre-
scented whether the attempt made in the last Con-
gress to engrait by construction new principle
! upon the Constitution should be persisted IN or
not. This Congress has ample opportunity and time
To pass the appropriation bills and also to enact
any political measures which may he determined
upon in separate bills by the usual and orderly
methods of proceedings, but the majority of both
| houses have deemed it wise to adhere to the prn-
cipe asserted and maintained in the last Congress
| by the majority of the House Of Representatives.
| That principle is that the House OF Representa-
tves mas the sole right 10 originate bills for rails
hold appropriations upon which the existence Of
government may depend, unless the Senate and
the President shall give their assent, to any legs-
| lation which the House may see fit to attach to
appropriation bills.
| RADICAL AND DANGEROUS CHANGE.
TO establish this principle is to make radical,
dangerous and unconstitutional change in the
character OF our institutions. The various depart
| ments are established by the Constitution or by
laws passed in pursuance thereof. Their duties are
! defined "A prf full v
vided for by the law. The money required for
this purpose has been collected from the people,
aud is now in the Treasury, ready to be paid out
| as soon As the appropriation bills are passed
| Whether appropriations are made not, the col
lection Of the taxes will go on. The public money
| will accumulate in the Treasury. 1t was not the
intention OF the trainers of the Constitution that
any single branch Of the government should have
| the power to dictate conditions upon which this
| treasure should be applied to the purpose for
which it was collected. ANY such intention, if it
| had been entertained, would have been plainly
| expressed in the Constitution. That Il majority
| OF the Senate now cOncurs In the claim of the
House adds to the gravity Of the situation, but
does not alter the question at issue. The new
doctrine, ii entertained, will result in a consolida-
ton placing unchecked and dcspotie power in the
House Of Representatives.
DENIAL OF EXECUTIVE POWER.
To say that majority of either or both Of the
| houses Of Congress may insist on the approval of
| a bill under the penalty of stopping all Of the
operation of the government for want of the neces
sary supplies Is 10 deny tn the Executive that
| share of the legislative power which is plainly
conferred by the second section of the seventh
article of the Constitution. 1t strikes from the
Constitution the qualified negative of the Pres-
dent. 1t Is said that this should be done because
ii is the peculiar function OF the House OF Repre-
sentatyes To represent the will of the people but
no single branch or department OF the govern
| ment has exclusive authority to speak Tor the
| American people The most authentic and sol
emn expression of their will is contained in the
pf he
| situation they have ordained and established "A
| government whose powers are distributed among
| coordinate branches which, rs far rs possible
consistent with harmonious cooperation are alb
solutely independent OF each other. The people
of the country are unwilling To have the suprem-
acy of the Constitution replaced by the omnipo-
tenCe of any department of the government The
enactment Of this bill into a law will establish
| precedent which will tend TO destroy the equal
Independence of the several branches of the gov
ernment Its principle places not merely the Sem
ate and the Executive but tue Judiciary also I'M
| der the cOercive dictatOn Of the House The
House alone will be the judge of what constitutes
| a grievance and also OF the means and measure
| of redress
| An act of Congress to protect elections is now
the grievance complained of, but the House may
| on the same principle determine that any other
| act of Congress, treaty made by the President,
| with the advice and consent of the Senate, II nom
nation appointment to office, or that decision
or an opinion OF the Supreme Court, is a grew
| ance and that the means OF redress is 10 withhold
| the appropriations required for the support of the
| offending branch of the government
\ DANGEROUS VIOLATION or THE CONSTITUTION.
Believing that this bill is dangerous violation
| Of the spirit aud meaning of the Constitution,
am compelled To return ii 10 the House in which it
| originated without my approval The qualified neg
alive with which the Consultation invests the Pres
ident is a trust that involves duty which cannot
| decline to perform with firm and conscientious
purpose To do what can 10 prevent uuimpaired the
| constitution II powers and equal independence not
merely of the Executive but every branch of the
| government which will be imperied by the adup-
| ton OF the principle of this bill ldesire earnestly
10 urge upon the House of Representatives re-
| turn TO the wise and wholesome usage Of the
earlier days OF the republic which excluded from
| appropriation bills all irrelevant legislation. by
this course you will naugurte an important re-
| form in the method of Congressional legislation.
| Your action will he in harmony with the funda-
mental principles Of the Constitution and the pat
riotic sentiment of nationality which is their firm
support, and you will restore to the country that
feeling of confidence and security and the repose
which are essential 70 the prosperity OF all our
| feow-citzens.
(Signedl RUTHERFORD b. HAYES.
| NORTH MONTPELIER usual quotness of
this place was disturbed on Friday morning of