Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1880-06-16
THIRD EDITION.
The Veto of the Marsnal's BiiI,

The Veto of the Aarshals Biil.
The President yesterday returned to
the Senate the bill regulating the ap-
pointmsnt of special Deputy harshals
with his objections. The Message was
laid over to be taken up to-day. bu'
there is, Of course, no possibility Of ne
passage of the bill. In the near dine
the appropriation for MArshals in the
Sundry Civil bill, which mas new
passed beyond the contr 81 of either
house, Is accompanied ~ o provision
that no part of the money appropri.
atsd shall be used 20 pay Deputy Mar
shals at elections.
The situation ia thus reduced to this:
Election laws stand unchanged by any
action of the present Congress, but
without specific appropriations to carry
them out. Whatever is done under
them, therefore, will have to be done
relying on deficiency bill to be passed
al the next session of Congress. How
far the laws can be thus enforced, keep.
ing in view not only the practical diff
culties, but also the difficulties arising
from legal questions, is q point which
will be differently decided, according to
the stand point occupied. There Is, I'M
fortunately, ample cause for The appre-
hensiou that the administration OF these
important laws, which has never been
as energetic or complete as IL should
have been, will be still further embar.
raised by the circumstances which have
arisen.
The veto Message of the President
opens with a detailed recitation of all
the provisions of the Revised Statutes
bearing upon the duties and powers Of
the special deputies. 1t then proceeds
with an extended quotation from an
opinion Of the Supreme Court in the
case decided last October, which in
volved the cons.itutionality Of the cleo
ton laws, which opinion sustains, in
very emphatic language, the right of
the United States Government to use
the instrumentalities which the laws
create. The President regards these
instrumentalities as peculiarly we'll
fitted for the work to which they are
devoted. "a civil force for the execu-
ton of the laws" he remarks, "i5 in.
stituted in accordance with the long
established and familiar usage, which
IS simple, effective and under a respon-
sible head"
He objects to the bill which he re-
turns, that it "changes completely the
present law by substituting for the
special Deputy Marshals of the existing |
statutes, new officers heretofore M.
known to the law, and who lacks the
power, responsibility, and protection
which are essential to euablel them 20
act efficiently as executive Off eeTs. "
The bill "does not connect the new OF
fcers with the existing laws relating to
special Deputy Marshals, so as TO in
vest the proposed Deputy Marsh&ls
with the same powers to impose upon
them the same duties. and to give them
the same protection by the means Of
the criminal law"
He then further argues that the new
officers will have no executive head and
cannot be appointed, removed, or con-
trolled BY the Marshal. who is not rel
'ponsiCle 70! their acts that they can.
20. or,t tns "pOsss comitatus" to their
lid that they cannot make arrests il
crimes were committed in their pres
ence; that outside tho election precinc'si
for which they ara appointed they can
DO nothing which an officer of the peace
should do.
In conclusion, the President states
that "no objection would be made 20
.he appointment of otticsrs to act with
reference to the elections by the courts
If the United States" ard that he is'in
'a7or Of appointing Ohioers to supervise ,
Ard project the elections without rsgald
% party But the bill submitted TO !
MIN, ''while it recognizes tho power and '
luty Of the United States to provide
,ftioer5 to guard and scrutinis5 the Con-
,ressional elections, fails to adapt is .
provisions to existing laws, so as 70 ,(.i
cure efficient supervisors and Trolec-
,ion.r
1t will be seen that tb< objections of
.he President and ne arguments by
which they are Sustained do not relate
to the points raised against the bill
during it's passage through the two
houses. On the contrary, they turn
strictly and exclusively on the legal in
depreciation Of the provisions of the
bill. Eecognizing The propriety of the
modb of appointment of the Deputy
1arshals, the President insists only on
the failure Of tie authors of the bill to
carry ont its professed purpose. 1t is
not difficult to detect in the language {
of the veto, in its arrangement, tone,
and form Of reasoning, the influence, if
not the hand, of Mr.. Evarts. Necessa-
rily, the judgment of so distiDgu ished +:
a lawyer as the Attorney General, act.
ing under his official responsible ity a.
adviser to the President, must carry
great weight. Il
Sustained by this authority, the de
elaration that the bill is radically de-
fectiVe, and would practically paraly he 4
the executive arm Of the Government
in the lduties confled 10 its care with
regard to the elections, mnst be accept
I'D as conclusive, Apart from the spe-
oifc arguments touching the legal ef-
feet Of the bill, tina statement in the
Message Of the doctrine OF the right
and obligation Of the Federal Govern. :
ment to enforce the Election laws with
all the power necessary to that end, ia
clear and comprehensive, and must
command the respect OF all intelligent
N. Y. Times.
The Great sc maj OF fat Tr Ii IN " 4 r MIN |