Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-06-25
Veto Of the Deputy U. S. MarshaTs Bill.

President Hayes sent to Congress, on Tues
day, his veto of the Jill by which the Demo-
cracy endcavorcd to remove the existing
safeguards thrown around the elections. His
message opens hy quoting the provisions of
existing Laws prescribing the powers Of De
putty NlarShals. and cites at some length the
opinion Of the Supreme Court upon the con-
stituicnality Of these laws, in which the re-
lations OF the National and State Govern
ments were discussed and the supremacy of
tie National Government. within the range
of its powers rs defined by the Consttu-
ton was insisted or. 1T must execute its
powers or it is no government it must
execute ON the land as well as on the sea !;
on things as well as on persons and to do
this il must necessarily have power to COM
mand obedience, preserve order and keep
the peace, and no person or power in this
land has the right 10 resist or question its
authority, 50 long rs it keeps within the
bounds OF lis jurisdiction. This bill sub
miticd 10 him for approval, the President
described rs in direct conflict with the juig
ment of the highest judicial tribunal of the
country. as expressed in the opinion above
quoted The bill retains the name of Deputy
Narshals for the officers whom it creates,
but il practically substitutes for the special
Deputy Marshals Of the existing statutes,
new officers hitherto unknown to the law,
and vino lack the power, responsibility and
protection which are essential to enable them
to act efficiently.
The so-called Deputy MarShals for whom
it provides have no executive head. The
Marshal cannot appoint or remove them, and
is not responsible for any of their acts They
have no authority to call for assistance; they
are protected by no statutes an assault upon
one of them will be no more than an ordinary
assault upon any citizen; they cannot keep
the peace nor make arrests when crimes are
committed in their presence outside OF the
precincts in which they reside they have no
powers whatever; they take no oath and
give nc bond and they have no responsible
superior and arc not punishable for neglect
or misconduct.
In all these respects, says the
| President the bill makes Il radical
change between the powers OF the United
States officers at National elections, and the
powers uniformly possessed and exercised by
State officers at State elections This dis
elimination against the authority of the
| niicd States is n departure from the usage
of the Government established by precedenls,
1 beginning with the earliest statutes on the
subject, and violates the true principles OF
| the Constitution.
I'VE hold il To be an iucuntrovcrtible prln-
ciple that the Government Of the United
Q
crcisc through its official agents on every
| foot of American soil the powers and func-
| lions that belong to ii. This necessity ill.,
wolves the power 10 command obedience TO
/ its laws. and hence the power to Keep the
peace to that extent. Tins power TO enforce
| lis laws AMI to execute its functions IN all
| places dos not dcrngatc from the power OF
| the State To execute its laws ut the same
/ time and in the same place. The one does
not exclude the other, except where both
cannot be executed at the same time. In
| tiat case. the words of the Constitution itself
show which is IL yield.
This Constitution, and all laws which
/ shall he made i'll pursuance thereof
shall hC the supreme laws Of the land.
lin conclusion. it is proper 10 say that no
objection would b. made to the appointment
/ of officers to act with reference TO elections
| hv the courts of the United States. and that
/ | am in favor of appointing officers to super
wise and protect the elections without regard
| 10 party. but the bill before me, while il
recognizes the power and duty of the nlied
S;airS to provide officers to guard AMI scru-
! tini2c the Congressional elections, fails to
l adapt It's provisions to the existing laws so
I as 10 secure efficient SUPERVISION and protec-
| tinn. II is. therefore, returned TO the Sch
| ate in which il originated, for that further