The Portland daily press., 1880-06-16
A VETO.
The Bill Regulating Pay and Appoint
ment Of Deputy Marshals Returned by
the President Unsigned.

The Bill Regulating Pay and Appoint
ment of Deputy Marshals Returned BY
the President Unsigned.
WASHINGTON, June 15.-The following is
President Hayes veto message sent to the
Senate to-day:
after mature consideration of the bill en-
titled ian act regulating the pay and appoint
ment of deputy marShals," l am constrained
to withhold from it my approval and to return
it to the Senate in which it originated with
my objections to its passage.
The President then qnotes the statutes
governing the subject and says the Supreme
Court of the United States in The recent case
of ex-party Siebolt and others decided as to
the constitutionality Of the sections of the
Revised S atutes above quoted as follows;
"These portions of the Revised Statutes are
taken from the act commonly known as the
Enforcement act approved May 81, 1870, en-
titled an act to enforce the right of citizens of
the United States to vote in the several States
Of the Union and for other purposes, and from
the supplement TO the act approved Feb. rs,
1871. They relate to election of members of
the House of Representatives and were an as
sertion on the part of Congress OF its power to
pass laws for regulating and experimenting
said elections and for securing the purity
thereof and the rights of citizens to vote there
at peacefully and without molestation. 1t
must be conceded to a a most important power
and of fundamental character. In the light
of recent history and of violence, fraud, cor
ruptiOn and irregularitity which frequently
prevail at such elections it may early be con-
celved that eXertion of power if IL exists may
be necessary to stability of our form of govern
ment.
The 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 national
constitution has been adopted in this country
establishing real government therein, and
which, moreover, is or should be as dear to
every American citizen as his State Govern
mentls. Whenever the true conception of the
nature of this Government is once conceded
no real difference will arise in the just inter-
probation of its power, but if we allow our
selves to regard it as an hostile organization
opposed to the proper sovereignty and dignity
of State governments, we shall continue to be
vexed with difficulties as to its jurisdiction and
authority. No greater jealousy is required to
be exercised toward this Government in refer
ence to the preservation OF our liberties than
is proper to be exercised toward State govern
ments. Ils powers are limited in number and
clearly defined. and its action within the scope
of those powers is restrained bya sufficiently
rigid bill of rights for the protection of its cti
ZenS from oppression. he true interests of
the people OF this country requires that both
National and State Governments should be
allowed, without jealous interference on either
side, to exercise all powers which respectively
belong to them according to fair and practi-
cal construction of the Constitution State
rights and the rights of the United States
should be equally protected. Both are essen
tai to the preservation of our liberties and the
perpetuity of our institutions. The true
doctrine as we conceive is this, that while
States are really sovereign as to all matters
Which have not been granted to the juris-
diction and control of the United States, the
constitution and constitutional laws of the
land are, as we have already said, the supreme
laws of the land, and when they conflict with
the laws of States they are of paramount au-
thority and obligation. This is the funda-
mental principle on which the authority of the
constitution is based, and unless it be conceded
| in practice as we'll as in theory thas
contemplated by its founders, cannot stand
| the questions involved have respect not
more to the autonomy and existence OF the
states than to the continued existence of the
United States as a government to which every
American citizen may look for security and
protection in every part of the land. Why do
we have marshals at all if they cannot physi-
cally lay hands on persons and things in per-
Torrance of their proper duties? What func-
tions can they perform if they cannot use
force? In executing processes of courts must
they call on the nearest constable for protec-
ton? Must they rely on him to use requisite
compulsion and to keep the peace while they
are soliciting and entereating parties and by
ISLANDERS to allow the law to take its course?
This is the necessary consequence of positions
assumed
This is all received up to the hour of going
to proccl