The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-07-03
The Veto of the Marshal's Bill.
WASHINGTON D. c., June 80.

The following veto message was sent to
| the House of Representatives to-day:
To the House Of Representatives.:
/ return to the House OF Representatives.
| in which it originated, the bill entitled san
act making appropriations to pay fees of
| United States marshals and their general
Deputies - with the following objections to
its becoming law:
| The bill appropriates the sum of six hun
dred thousand dollars for the payment, dur
ing the fiscal year ending June thirtieth,
eighteen hundred and eighty, of United States
marshals and their general deputies. The
offices 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 adop-
ton of the Constitution in the Judiciary act,
which was approved September "a, 1889.
Their general duties, as defined in the act
| which originally established them, were sub
stantially the same as those prescribed in the
statutes now in force.
| The principal provision on the subject in
Revised Statutes is as follows
''Section 7SZ. 1t shall be the dnty of the
marshal of each district to att nd the district
| and circuit courts. when sitting therein,
and to execute throughout the district all
lawful precepts directed to HIM, and issued
under the authority Of the United States :;
and he shall have power to command all ne
cessary assistance in the execution of his
duty
The original act was amended February
%, 1905, and the amendment is now found
in the Revised Statutes in the following form ::
s'Section 7SS. The marshals and their dep
uties shall have in each State the same pow
ers in executing the laws OF the United
States as the 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
the marshals and their deputies, the due and
regular performance Of which are required
for the efficiency OF almost every branch Of
the public service. Without these officers
there would be no means OF executing the
warrants, DEGREES, or other process of the
courts, and the judicial system Of the country
would be fatally defective. The criminal jul
risdction of the courts OF the United States
is very extensive. The crimes committed
within the maratime Jurisdiction of the
United States, are all cognzable only in the
courts of the United States. Grimes against
public justice crimes against the operations
of the Government, such as forging or coun-
terfeiting the money or securities of the
|
offenses against the election franchise,
against the civil rights of citizens, against
the existence Of the Government crimes
against the internal revenue laws. the Gus
toms laws, the neutrality laws; crimes
against laws for the protection OF Indians,
| and Of the public lands-all of these crimes,
and many others, can be punished only under
United States laws-laws which, taken to-
gether, constitute body of jurisprudence,
which is vital to the welfare of the whole
country, and which can be enforced only by
means of the marshals and deputy marshals
of the United States. In the District of Co.
lumbia all OF the process OF the courts is eX-
ecuted by the officers in question. In short,
the execution of the criminal laws OF the
United States, the service OF all civil process
in cases in which the United States is a party.
and the execution of the revenue laws, the
neutrality laws, and many other laws OF
large Importance, depend on the mainten-
ance of the marshals and their deputies.
They are in effect the only police of the
United States Government. Officers with
corresponding powers and duties are found
in every State in the Union and in every
country which has a jurisprudence which is
worthy of the name. To deprive the Ma
tional Government of these officers would be
as disastrous to society as to abolish the
sheriffs, constables, and police officers in the
several States. 1t would be a denial to
the U. S. of the right to execute its laws
denial of all authority which requires the
use of civil force The law entities these
officers to be paid. The funds needed for
the purpose have been collected from the
people, and are now in the Treasury. No
objection Is therefore made to that part OF
the bill before me which appropriates money
for the support of the marshals and deputy
marshals of the U. S.
The bill contains, however, other provs-
ions which are identical in tenor and effect
with the second section of the bill entitled
IAN act making appropriations for certain
judicial expenses" which, on the 23d OF the
present month, was returned to the House
Of Representatives 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 public service
embraced in its provisions are in full for such
persons and public service for the fiscal year
ending June thirtieth, eigteen hundred and
eighty; and no Department or officer OF the
Government shall, during said fiscal year,
make any contract or incur any liability for
the future payment Of money under any OF
the provisions of title twenty-six mentioned
in section one of this act until an appropra-
ton sufficient to meet such contract or pay
such liability shall have first been made by
law.''
Upon consideration, in the House of Rep
reseDtatiyes, of the bill which contained
these provisions it lacked constitutional
majority, and therefore failed to become a
law. In order to secure its enactment the
same measure is again presented for my ap-
proval, coupled in the bill before me with
appropriations for the support of marshals
and their deputies during the next fiscal
year. The object manifestly Is to place be-
fore the Executive this alternative; Either
to allow necessary functions of the public
service to be crippled OF suspended for want
of the appropriations required to keep them
in operation, or to approve legislation which
in official communications to Congress he has
declared would be a violation Of his official
duty. Thus in this bill the principle is
clearly embodied that, by virtue of the pro-
vision OF the Constitution which requires
that ''all bills for raising revenue shall orig
mate in the House of Repr esentatives,
bare majority Of the House of Representa-
tives has the right to withhold appropriations
for the support of the Government unless
the Executive consents to approve any leg
islation which may be attached to appropri-
alton bills. I respectfully refer to the COM
munications on this subject which | have
sent to Congress during its present session
for statement Of the grounds of my conclu-
sions, and desire here merely to repeat that,
in my judgment, to establish the principle
of this bill is to make radical, dangerous
and unconstitutional change in the character
of our institutions.
RUTHERFORD B. HAYES.