The Portland daily press., 1880-06-17
The Presidents Veto Message,

WASHINGTON, June 15.-The following is
President Hayes veto message sent to the
Senate to-day:
"After mature consideration of the bill en-
ment of deputy marshals," 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-parte Siebolt and others decided as to
the constitutionaiity of the sections of the
Revised atutes above quoted as follows:
"These portions of the Revised Statutes are
taken from the act commonly known as the
Enfoi cement act approved May 81, 1870, en-
titled IAN 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 %,
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 be most important power
and of a fundamental character In the light
of recent history and of violence, fraud, cor
ruption and irregularitity which frequently
prevail at such elections it may easily be con-
ceived that the exercise of power If IL exists may
be necessary to the stability of our form of gov
eminent.
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 a real government therein, and
which, moreover, is or should be as dear to
every American citizen as his State Govern
mentis. Whenever the true conception OF the
nature of this Government is once conceded
no real difference will arise in the just inter-
probation of it's 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. Its powers are limited in number and
clearly defined. and its action within the scope
of those powers is restrained by a sufficiently
rigid bill of rights for the protection of its citi
zens from oppres sion. The 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
tial 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 well as in theory then
the fabric of our constitution, as. it was
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 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 entreating parties and by
ISLANDERS to allow the law to take its course?
This is the necessary consequence of positions
assumed.
If we INDUCED in such. inpracticable views
as these, and keep on refining and refining
we shall drive the national government out Of
the United States and relegate it to the dis
trict of Columbia, or perhaps to some foreign
soil. We shall bring it back to a condition of
greater helplessness than that of the old con-
federation. The argument is based on a
strained and impracticable view of the nature
and powers of the national government. 1t
must execute its powers, or it has no govern
ment; it must execute ON the land as we'll as
on the sea; on things as we'll as on persons; and
n do this il muSt necessarily have nouar 70
command obedience, preserve order and keep
the peace, and no person or power in this land
has the right to resist or question its authority
so long as it keeps within the bounds of its
jurisdiction"
have deemed it fitting and proper to quote
thus largely from an important elaborate opin-
ion of the Supreme Court because thu bill be-
fore me proceeds upon construction of the
constitution as to the powers of the national
government which is in direct conflict with
the judgment of the highest judicial tribunal
of our country. Under the sections of the
present law above quoted, the officers of the
United States are authorized, and it is their
duty, in the case of Congressional election,
to keep the peace at the polls and the places of
registration; to arrest Immediately any per-
son who is guilty of crimes against the United
States election laws; to protect all officers of
elections in the performance of their duties,
and whenever an arrest is made to toxic the
person SO arrested before a commission, Judge
or court of the United States for examination
of the offences alleged against him. Such
deputy marshals as are especially empowered
thereto by the marshal in writing if forcibly
resisted, may call to theft aid the bystanders
or posse con,itdtus. 1t is made crime punish
able with fine or imprisonment to hinder, as
sault or otherwise to interfere with a marshal
or his special deputies, or to threaten or to at
tempt to do so. If any person appointed such
special deputy marshal has taken the oath of
Office and therefore neglects or refuses to fully
discharge the duties of such office, he is
punishable by fine and imprisonment. The
functions of the special deputy marshals now
provided for by law being executive, they are
placed under the authority of well-known
chief executive officer of the United States.
They are in fact and not merely in name the
deputies of the marshal, and he and his bonds
men are responsible for them. A civil force
for the execution of the law is thus instituted
in accordance with long established and
familiar usage which is simple, effective and
under a responsible head. The necessity for