Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1880-06-25
PRESIDENT HAYES LAST VETO
MESSAGE.
WASHINGTON. Inne 1h.
President Hayes sent the following
veto message to the Senate to-day:


After mature consideration of the bill en-
titled, "An act regulating the pay and appoint
ment of Deputy Marshals," am constrained to
withhold from 1t my APPROVAL and return it to
the Senate in which it originated with my OBJ
jections to its passage.
The laws now in foi ce on the subject OF the
bill before me are contained i'm the following
sections of the Revised Statutes;
SEC 202l. Whenever nm election at which
Representatives or Delegates i'm Congress are
to be chosen is held i'm any city or town Of 90
100 inhabitants or upwards, the Marshal for
the district in which such city or town is situ-
ated SHALL on application in writing OF at least
two citizens residing in such city or town, APP
point special Deputy Marshals, whose duty 1t
shall he, when required thereto, to aid and as
sst the Supervisors of Election in the veTiii-
cation of any list of persons who may hav0
registered or voted, to attend in each election
district or voting precinct at the times and
places when and where registrations may by
law be scrlltinized and the names of registered
voters be marked for challenges; and also at
tend at all times for holding elections the polls
in such district or precinct.
."SEC. 2,022. The Marshal and his general
Deputies shall keep the peace and support and
protect the Supervisors Of Election in the dis
charge of their duties, preserve order at such
places OF registration and at such polls, prevent
fraudulent registration and fraudulent voting
thCreat, or fraudulent conduct on the part of
any officer of election, and ut the place Of reg
istration, or pOing-plucp, or elsewhere, and
either before or after registering or voting, to
arrest and take into custody, with or without
process, any person who commits, or
attempts or offers to commit, any OF
the acts or oifenses prohibited herein,
or who commits any Otfense against
the laws of the United states; but no person
shall be arrested without process for any
otfense not committed in the presence of the
Marshal or his general or special Deputies or
| either of them, or of the Supervisors Of Elec-
tion, or either Of them; and for the purpose of
arrest or preservation of the peace the SUPER
| visors of Election shall, in the absence of the
| Marshals Deputies, or if required to assist
/ such Deputies, have tho same duties and pow
ers as Deputy Marshals; nor shall any person
| on the day of such election be arrested without
| process for any otfcnse committed on the day
| of registration.
| "SEC. 2,023. Whenever any arrest is made
under any provision OF this title, the person so
arrested shall forthwith be brought before q
| Commissioner, Judge or Court of the United
States for the examination of the Otfenses
| alleged, and such Commissioner, Judge or
| Court shall proceed in respect thereto as au-
! thoriZcd by law in the ctlse of crime against
| the United States.
"SEC. 2,O24 The Marshal or his general
! Deputies or such special Deputies as are there
! to specially empowered by him in writing, and
! under his hand and seal, whenever he or either
/ or any of them is fOrciby resisted in executing
their duties under this title, shall by violence,
! threats or menaCes be prevented from cXecut-
/ ing such duties, or from arresting any person
/ who has committed any Ofense for which the
! Marshal or his general or special Deputies are
| authorized to make such arrest, are, and eacn
/ of them is, empowered to summon and cali to
/ his aid bystanders or posse comitatus OF his
/ district.
SEC. 2,O2s- No person shall be appointed
/ Supervisor of Election or Deputy Marshal
]
! the time of his appointment Il qualified voter
| of the city, town, county, parish, election dis
! trict or voting precinct in which his duties are
| to be performed.
"SEC 5,521 II any person be appointed SUI
/ pervisor of Election or special Deputy Mar
! shal under the provisions of the title, The
| Elective Franchise, aud has taken an oath
! of Office as such supervisor of Election, or
such special Deputy Marshal, and thereafter
| ncglects or refuses, without good and lawful
! excuse to perform and discharge fully the
! duties, obligations and requirements of such
office until the expiration of the term for
! which he was appointed he shall not only be
! subject to removal from Office, with loss of all
pay or emoluments, but shall be punished by
! imprisonment not less than six months nor
more Than one year. or by fine not less than
| 500 and not moro than $500, or by both fine
| and imprisonment, and shall pay the cost of
! the prosecution.
"SEC. 5,522. Every person, whether with or
| without any authority, power or process, or
| pretended authority, power or process of any
State, Territory, or municipality, who OBJ
| structs, hinders, assaults, or by brihe5, solic-
| UationS, or otherwise intcrfcrcs with or pre-
| vents Supervisors of Elections, or either of
| them, or the Marshal or his general or special
! Deputies or cilher of them, in the perform
| ance of any duty required of them, or which
| he or they, or either of them, may be author
| ized TO perform by any law Of the United
] states, in execution of process or otherwise,
] or who, by any of the means before mentioned,
| hinders or prevents the free attendance or
| presence mt such places Of registration, or at
| such polls of election, or full and free access
and egress TO and from any such place
going TO and from any such place OF
| registration or poll OF e,c3tiOn, or to
and from any room where any such
registration or election or canvass
| of votes, or of making any returns or ccrtit-
Gates thereof, may be had, or who molcsts in
terfcres with, removes, or elects from any such
place of registration or poll of election, or Of
cunvassing the votes cast thcrent, or Of making
! returns or certificates thereof Of any Super
| visor of Election, the Marshal, or his general
! or special Deputies, or either Of them, or who
| threatens or attempts or offers so to do, or re-
| fuses or negiects to aid and assist any super
visor OF Election or Marshal or his general
or special Deputies, or either of them, in the
/ performance of his or their duties when re-
/ puircd of him or them, or either Of them, TO
! give such aid and assistance, shall he liable TO
instant arrest without process, and shall be
punished by imprisonment not more than two
| years, or by fine of not ore than S3,O0O or by
both such fine and Imprisonment, and shall pay
the cost of prosecution"
The supreme Court of the United States, in
the recent case of ex-partc Siebolt and others,
| decided at the October term, 1873, on ques-
tfon raised in case us to the constuutiOnality
of the sections of the Revised Statutes above
| quoted, and us as the following language:
These portions Of the Revised Statutes are
| taken from the act commonly known aS the
entitled An act TO enforce the right of citi-
zens of the United States to vote in the several
States of this Union, and for other purposes,
and from the supplement to that act APPROX
! cd February 2S, 1871.
"They relate to elections of members of the
| House of Repr- Sentatives and were an asser-
| tOn on the part of Congress of its power tO
pass laws for regulating and experimenting
said elections. and for securing the purity
thereof and t4o rights of citizens 10 vote there
at peaceably and without mOlcstation. 1t
must be conceded TO be a most important
power and of fundamental character. In the
| light of recent history and Of the violence,
| fraud, corruption and rrcgularity which have
| frequently prevailed mt such elections, Ii may
| easily be conceived that the cXeitiOn Of power,
II II exists may be necessary to the stability of
! our form of government.
"Thc greatest difficulty in coming to Just
conclusion arises from mistaken notions with
| regard TO the relations which subSiSt between
the State and National Governments. 1t seems
TO be often overlooked that IA National Consti-
! tuition has been adopted in this country, es-
| tablishing real Government therein, and
which, moreover, Is, or should be, as dear to
every American citizen us his state Govern
| ment is. Whenever the true conception of the
nature of this Government Il once conceded,
no real difficulty will arise in the Just ter
pretatlon OF IT'S power But II we allow our
| selves to regard 1t as hostile organization OPP
| posed to the proper sovereignty and dignity of
! the State Governments we shall continue to be
vexed with difficulties as to jurisdiction and au-
| thority. No greater jealousy is required to he
exercise toward this Government IN reference
to the preservation of our liberties than is
| proper to be exercised towards the State Cor
! ernments. Its powers are limited in number
| and clearly defined, and its action within the
/ scope of these powers is restrained by a sufii-
ciently rigid bill OF rights for the protection OF
| its citizens from oppression. The true inter
| ests of the people OF this country require that
! both National and State Governments should
| be allowed, without jealous interference on
either side, TO exercise all the powers which
respectively belong 10 thom according to a
fair and practical construction of the Consti-
tuition. State rights aRd the rights Of tho
United States should he equally respected.
Both are essential TO the preservation of our
liberties and the perpetuity of our institutions.
But, in endeavoring TO vndicate one, we
should not allow our zeal to nullify or impair
the other.
"The trlie doctrine, as we conceive Ia this:
that while States are really sovereign as TO all
matters which have not been granted TO the
| jurisdiction and control Of the United States,
| the Constitution and Constitutional laws of
the latter are, ns we have already said, the SUI
| preme law of the land and when they conflict
| with the laws of States they are of paramount
authority and obligation. This is the funda-
| mental principle ON which the authority of the
| Constitution Is based, and, unless il be con-
ceded I'm practice as well rs theory the fabric
of our Institutions, as il was contemplated by
| Its founders, cannot stand. The questions in
| VOlyed have respect not more 10 the autonomy
| and existence OF the states than To the con-
| tinued existence Of the United States as the
| Government 20 which every American citizen
may look for security and protection in every
| part of the land,