American citizen. [volume] (Canton, Miss.) 1864-1890, 1880-06-26
HAYES LAST VETO
MESSAGE.

| 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 it my approval, and return it to
the Senate, in which 1t originated, with my OBJ
jections to its passage.
The laws now in foi &c on the subject of tho
bill before me are cont aimed in the following
sections of the Revised Statutes:
"SEC. 2,02l. Whenever an election at which
Representatives or Delegates in Congress are
TO be chosen is held in any city or town of 90
OOO inhabitants or upwards, the Marshal for
the district in which such city or town is situ-
| two citizens residing in such city or town, APP
point special Deputy Marshals, whose duty it
shall be, when required thereto, to aid and as
sst the Supervisors of Election in the verii-
Ation of any list OF persons who may have
registered or voted. to attend In each election
district or voting precinct ut the times and
places when and where registrations may by
law be scrutinned and the names of registered
voters be marked for challenge; and also at
tend ut all times for holding elections the polls
In such district or precinct,
SEC. ROE. The Marshal and his general
Deputies shall keep the peace and support ana
protect the Supervisors of Election in the dis
charge of their duties. preserve order at such
places of registration and at such polls prevent
frau Iulent registration and fraudulent voting
thereat, or fraudulent conduct on the part of
any officer of election, and ut the place Of re 3,
fstration, or polling-piace, or elsewhere, and
either before OF after registering or voting, to
arrest and take into custody, with or without
attempts offers to commit, any of
the acts or oHenses prohibited herein;
the laws of the United States; but no person
shall be arrested without process for any
offense not committed in the presence of the
Marshal or his general or special Deputies, or
either of them, or of the supervisors of Elec-
ton, or either of them; and Tor the purpose of
arrest or preservation of the peace the Super
yisors of Election SHALL in the absence of the
Marshars Deputies, or if Required to assist
ers us Deputy Marshals; nor shall any person
on the day of such election be arrested without
process for any oifense committed on the day
"SEC. 2n23. whenever any arrest is made
under any provision of this title, the person
arrested shall forthwith be brought before a
Commissioner, Judge or Court OF the United
States for the examination of the offenses
alleged, and such Commissioners, Judge
Count shall proceed in respect thereto as au-
thorized by law in the case of crime against
CSC 2O34. The Marshal or his general
Deputies, or such special Deputies as are there
under his hand and seal, whenever he or either
or any OF them Is forcibly resisted In executing
their duties under this title, or shall by violence,
threats or menaces be prevented from execute
ing such duties. or from arrtsting any person
who has committed any offcnse for which the
authorized to make SUCH arrest, are, and eacn
of them is empowered to summon and call to
his aid bystanders or d posse comitatus OF his
@SEC. 2, Gss. No person shall be appointed d
Supervisor of Election or Deputy Marshal
under the preceding provisions who is not at
the time of his appointment u qualified voter
of the city, town, county, parish, election dis
trict or voting precinct in which his duties are
to be performed.
"sEc. 5,5al. If any person be appointed SUI
pervisor of Election or special Deputy Mar
Shall under the provisions of the title, The
Elective FrunchiSe,' and has taken an oath
of office as such Supervisor of Election. or
such special Deputy Marshal, and thereafter
negiects 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 fot
which he was appointed, he shall not only be
subject to removal from Office, with loss of all
pay or enioluments, but shall be punished by
imprisonment not less than six months nor
NOT than or S both
and Imprisonment, and shall pay the cost of
the prosecution.
..Ssc. 5,sss. Livery person, whether with OF
without any authority, power or process, of
pretended authority, power or process of any
State, Territory. or municipality, who OBJ
S,rGcts, binders, assaults, or by britcs, solic-
itatiOns, Or otherwise interferes with or'pre-
vents Supervisors of Elections, either of
Deputies, or eli; her of them, in the perform
ance OF any duty required of them, or which
lied to perform by any law of the United
States, in execution of process or otherwise, |
or who, by any of the means before mentioned,
binders or prevents the FREQ attendance or |
presence ut such places of registration, or at |
such polls of election, or full and free access |
of registration or poll of election, or in |
going to and from any such place Of
reg ratio or poll of e!es'fon, or to
Or election or canvas |
OF votes or Of making any returns or certifi- |
Gates thereof may be had, or who InOlests, in. |
terferes with, removes, or elects from any such |
place OF registration or poll of election, Of |
returns or certificates thereof of any Super
visor of Election, the Marshal, or his general |
p ~ SPECIAL deputies or either OF them or who
fuses or neglects to aid and assist any Super
sr eer OF h in
performance of his or their duties when re-
luired of him or them, or either of them, to
give such aid and assistance, shall be liable to
instant arrest without process, and shall DO
punished by Imprisonment not more than two
both such fine and imprisonment, and shinI pay
the cost of prosecution"
s.. The Supreme Court of the United States, In
he recent case of ex-parte Siebolt and others,
iecided ut the October term, fSf9, on ques-
ion raised in a ease rs to the constitutionnlity
)f the sections of the Revised Statutes above
quoted, and uses the following languaRe:
These portions of the Revised Statutes are
enforcement act, approved May II. 1870 and
entitled An act to enforce the right eff clti-
states of this Union, and for other purposes
.ad from the Supplement- to that act, APPROX
"Thcy relate to elections of members of the
louise OF Representatives. and were an asser-
ion on the part Of Congress of its power to
'ass laws for regulating and experimenting
aid elections and for securing the purity
hereof and tic rights of citizens to vote there
must he conceded to be a most important
bower and of a fundamental character. In the
light of recent history and Of the violence,
raud, corruption ard irreEularity which have
frequently prevailed Mt such elections Ii may
asily be conceived that the exeItion of power,
I II EXISTS may be necessary to the stability of
'ur form of government.
The greatest difficulty in coming to just
egard to the relations which subsist between
he state and National Governments. 1t seems
o be often overlooked that a National Const-
utisn has been adopted in this country, es-
abiishing real Government therein, and
which, moreover, Is, or should be, dear to
very American citizen rs his State Govern |
nent is. Whenever the true conception ofthe
ature Of this Government Is once conceded,
10 real difficulty will arise in the just inter
rotation of its power. But If we allow our
elves to regard it hostile organization op- |
ose to the proper sovereignty and dignity Of
exed with difficulties rs to jurisdiction and at-
Hergs. 30 rsater 1e;,iosy Is reuired 70 ne
D the preservation of our liberties than is |
roper to be exercised towards the State Gov {
runeIta. Its powers are lin ted in number |
nd clearly defined, and its ac;ion within the
cope of these powers is restrained by a suni- {
s citizens from oppression. The true inter
st5 OF the people of this country require that !
G allowed, without jealous Interference on
ither side, to exercise all the powers which
belong 10 them according TO u |
AR and practical construction of the onsti-
Itfon: state rights and the rights of tho
nited States should be equally respected.
9th are essential to the preservation of our !
berries and the perpetuity of our inst .tutions.
ut, in endeavorng to indicate one, we
iould not allow our zeal to nulify or impair
he other.
e. The true doctrine, conceive, is this:
lat while States are really sovereign as to all q
ntters which have not been granted to tho
and control of the United States,
he Constitution and Constitutional laws OF h
c latter are, as we have already said, the SUI -
-eme law of the land, and when they conflict
ith the laws of States they are of paramount Il
ithority and obligation. This is the funda- | i
entail principle Oh which the authority of the !,
institution Is based and, unless II be con-
ded in practice well as theory the fabric t