Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-04-30

of the government should have the power
to dictate conditions upon which this treas.
ure should be applied to the purposes for
which it was collected. Any such intention,
if it had been entertained, would have been
plainly expressed in the constitution.
That a majority Of the senate now concurs
in the claim of the house adds to the gravity
of the situation, but does not alter the ques-
ton at issue. This new doctrine, if main
tanned, will result in the consolidation Of
unchecked and despotic power in the house
of representatives. A bare majority Of the
house will become the government. The
executive will no longer be what
the trainers of the constitution intended, |
an equal and independent branch of the
government. 1t is clearly the constitutional
duty Of the president 10 exercise his dis
erection and judgment on all bills presented
to him, without constraint or duress from
any other branch of the government.
To say that a majority of either or both
houses of congress may insist on a repeal
bill under penalty Of stopping all operations
of the government for want Of the necessary
supplies, is to deny to the executive that
share Of the legislative power which is plain
ly conferred by the second section Of the
seventh article Of. the constitution. It
strikes from the constitution the qualified
negative Of the president. 1t is said this
should be done, because it is the peculiar
function ofthe house Of Representatives to rep
resent the will Of the people. But no sim
| gle branch or department of the govern
ment has exclusive authority to speak for
the American people. The most authentic
and solemn expression of their will is con-
tanned in the constitution of the United
States. By that constitution they have Or
dered and established a government whose
powers are distributed among coordinate
branches, which as far as possible, consis-
tent with a harmonious cooperation, are
absolutely independent of each other. The
people of the country are unwilling to see
the supremacy Of the constitution replaced
by the o%mnipotence of any department Of
the government.
The enactment of this bill into a law
will establish a precedent which will tend
to destroy the equal independence of the
several branches of the government. Its
principle places, not merely the senate and
executive, but the judiciary also under the
c~oercive dictation Of the house. The
house alone will be the judge of what con.
stitutes a grievance, and also the means and
measures to redress. An act of congress to
protect elections is row the grievance
complained Of; but the house
may, on the same principle
determine that any other act Of congress al.
ready made by the president with the ad-
vice and consent of the senate,a nomination
or appointment to Office, or that a decision
or opinion of the supreme court is q griev.
ance, and that the measure of redress ia to
withhold appropriations required for the
support of the offending branch of govern
ment.
Believing that this bill is a dangerous
violation of the spirit and meaning of the
constitution, l am compelled to return it to
the house, In which it originated, without
my approval. The qualified negative with
which the constitution invests the president
is q trust that involves q duty which l can
conscientious purpose to do what l can to
preserve unimpaired the constitutional
powers and equal independence, not mere
ly of the executive, but of every branch of
the government which will be imperllled
BY the adoption of the principle of this
bill, / desire earnestly to urge upon the
house of representatives q return to the
wise and wholesome ussges of the earlier
days Of the republic, which excluded from
appropriation bills all irrelevant legislation.
By this course you will insugurate an i'm.
portant reform in the methods of congress-
ional legislation. Your action will be in
harmony with the fundamental principle oil
the constitution and the patriotic sentimen,
of the nation, which is their firm support
and you will restore to the country a feel
ing Of confidence, and security and repose
which are so essential to the prosperity Of
all our fellow citizens. [Signed.1
RUTHERFORD B. HAYES.