Ashtabula weekly telegraph. (Ashtabula, Ohio) 1880-1886, 1880-06-25
PRESIDENT HAYES LAST VETO
MESSAGE.
wAsnrNaroN. Juno is.

WAsHrNGToN, juno i5.
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 harshals,' am constrained to
the Senate, In which II Originated, with my OBJ
jeotions TO its passage.
The laws now In force on the subject of the
bill before me are contained in the following
sections OF the Revised Statutes;
"SEC. 202i. Whenever an election At which
Representatives or Delegates in Congress are
70 be chosen is held I'm any city or town OF 20
900 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 MaNhnls, whose duty IL
! shall be, when required thereto, to aid and as
! sist the Supervisors Of Election In the veriti-
! cation of any list OF persons who may have
| registered or voted, 10 attend In each election
| district or voting precinct ut the times and
/ places when and where registrations may by
| law be scrutinizcd and the names of registered
| voters be marked for challenge; 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
i uululent registration and fraudulent voting
| thCreat, or fraudulent conduct on the part Of
any officer of election, and ut the place of reg
| tstutiOn, or pOlling-plHCc, or elsewhere, and
either before or after registering OF voting, to
| arrest and take into custody, with or without
process, any person who commits, or
! attempts or offers TO commit, any Of
the ucts or onenses prohibited herein,
! the laws Of tho United States; but no person
i shall be arrested without process for any
| ofense not committed in the presence of the
| Murshal or his general or special Deputies, or
| either of them. or Of the Supervisors Of Elcc-
! ttOn, or either Of them; and for the purpose OF
| arrest or preservation Of the peace the super
NJ hn nf
| Marshals Deputies, or IL required % assist
| such Deputies have the same duties and pow
ers rs Deputy Marshalsj nor shall any person
| on the day of such election be arrested without
| process for any ohense committed ON the day
| Of registration.
under any provision of this title the person 50
| arrested shall forthwith be brought before a
! Commissioner, Judge OF Court of the United
/ States for the examination Of the Ohenses
alleged, and such Commissioner, Judge or
| Court shall proceed in respect thereto as au-
thorlzed by law in the case of crime against
'SEc. 2O5I. 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 fOrCibly resistedin executing
their duties under this title, or shall by violence,
! threats or menaces be prevented from eXecut-
| ing such duties, or from arrestlng any person
/ who has committed any offense for which the
! Marshal or his general or special Deputies are
authorized to make such arrest, are, and eucn
of them is, empowered to summon and call to
bis aid bystanders or posse comitatus of his
! district
"sEC. 2,O2s. No person shall be appointed a
Supervisor of Election or Deputy Marshal
under the preceding provisions who is not at
the time of his appointment qualified voter
| of the city, town, county, parish, election dis
trct or voting precinct In which his duties are
"SEC. 552l. If any person be appointed SUI
perVisOr of Election or special Deputy Mar
shal under the provisions of the title, The
Elective Franchise and has taken an oath
of office as such Supervisor of Election, OF
| such special Deputy Marshal, and thereafter
| neglects 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
800 and not more than $500, or by both fine
and Imprisonment, and shall pay the cost OF
the prosecution.
"SEC. b,622. Every person, whether with OF
without any authority, power or process, Ol
pretended authority, power or process of any
State, Territory, or municipality who OBJ
struCts hlnders, assaults, or by brihes, solic
itGtiOns, or otherwise interferes with or pre-
vents Supervisors of Elections, or either O
them, or the Marshal or his general or spcCia
Deputies, or ciiher of them, in the perform
anoe OF any duty required of them, or which
he or they, or either of them, may he author
lied to perform by any law Of the UniteC
States, i'm execution of process or otherwise
who, by any of the means before mentioned
binders or prevents the free attendance OF
presence at such places of registration, or IA
such polls of election, or full nnd free access
and egress 20 and from any such place
OF registration or poll OF election, or il
going TO and from any such place o.
registration or poll of election, or Il
and from any room where any sucl
of votes, or of making any returns or certih
Gates thereof, may be had, or who mOlests, in
terferes with, removes, or ELECTS from any suCl
place of registration or poll of election, or o.
canvassinss the votes cast thereat, or of making
returns or certificates thereof of any Super
visor of Election, the Marshal, or his genera
or special Deputies, or either OF them, or who
threatens or attempts or offers SO TO do, or re
fuses or negleets to aid aud assist any Super
visor of Election or Mnrshal or his genera
or special Deputies, or either Of them, in tht
performance Of his or their duties when re
qured of him or them, or either of them, I,
give such aid and assistance, shall be liable e
instant arrest without process, and shall b'
! punished by imprisonment not more than two
years, or by fine of not more than $4,000, or by
both such fine and imprisonment, and shall pa!
the cost of prosecution"
The Supreme Court of the United States, ii
the recent case of eX-parte Sicholt and Others
decided at the October term, 1879, on Il ques
tion raised In Il case as to the cOnsttutionalit!
of the sections Of the Revised Statutes nboyl
quoted, and uses tho following language:
These portions Of the Revised Statutes ar
taken from the act commonly known rs tn
Enforcement act, approved May ~, 1870 ant
entitled An act TO enforce the right of citi
htilh hl inc bnlltu bluNts 10 Nhlt III INC htNtIu
States Of this Union, and for other purposes,
and from the supplement to that act, approx
, ed February 2S, 1871.
House of Rcpr sentntiyes and were an asseT
tion ON the part Of Congress Of its power +
pass laws for regulating and superintendent
said election and for securing the purit!
thereof and tic rights Of citizens 10 vote there
at peaceably and without molestation. 1
must be conceded TO be u most tmpprtan
power and of fundamental character In tn
light of recent history and Of the violence
fraud, corruption aud irregularity which hav
frequently prevailed at such elections, II ma
II IL exists, may be necessary to the STABILITY o
our form of government.
1.-THE greatest difficulty In coming to II JUS
conclusion arises from mistaken notions witt
regard to the relations which slbstst betweCl
the state and National Governments. II seem
70 be often overlooked that National Cunsti
tuition has been adopted in this country, es
tablishing real Government therein, nm
which, moreover Is, or should be, rs dear Z
every American citizen as his State Govern
ment Is. Whenever the true conception Of tn
nature Of this Government Is once conceded
no real difficulty will arise IN tho Just ntcl
probation of it's power But IL we allow uui
selves to regnrd Il us "a hostile organization OF
posed To the proper sovereignty and dignity o
veNCd with difficulties as to jurisdiction and aI
thority. No srenter Jealousy Is required to b
exercised toward this Government In rcferenC
TO the preservation of our liberties than
proper TO be exercised towards the State GO,
ernments. It's powers are limited in numbe
and clearly defined, and its action within tn
scope of these powers Is restrained by sHti
ciently rigid bill of rights for the projection O
Its citizens from oppression. The true intG
ests of the people Of this country require tina
both National and State Governments shout
be allowed, without jealous Interference o
either side, TO exercise all the powers who
, respectively belong To them according to
fair and practical construction OF tho COnst
tuition. state rights and the rights OF tn
United sta es should be equally respected
Both are essential TO tho preservation Of ou
| Ubnrt les and thn nnFnnfnlfW pT ugf gnfinps
But, in endeavoring TO VindicatO one, "
ahnMlh not nloW orr Eenl 10 nullllY or lmnnl