Year: 1879

.ioa Of the Forty sixth Congress became nee
ossAry 10 furnish the means to carry on the
government The ground upon which, the
action OF the House Of Representatives is de-
Tended has been distinctly stated by many OF
ite advocates. A week before the close Of the
questions .t. 81 GGSnss: M a the m :Sts IN
tenders as follows: 1T Is our duty c to repeal cal
this law: 1t Is not worth while to attemptre.
peal except upon an appropriation bill,
The Republican Senate would not agree to
nor the Republican President sign the bill for
such repeal. Whichever objection to legisla-
lion upon appropriation bills may be made in
elections and the liberty Of citizens are con-
cerned. We have the power to vote money,
let us annex conditions to it, and insist upon
a redress of the grievances" =.


~ another distinguished member Of tue
House II was said the right Of the representa-
tives 81 the people to Withhold supplies III as
old as English liberty. History records num-
erous instances whefe the co1amons, feeling
thatthe people were oppressed by laws that
the bll1s would not consent to repeal by ordi.
nary means OF legislation, obtained redress at
last by refusing appropriations unless accom-
panied by the relief Of measures. That ques.
ton sL.f the gravest magnitude, and new IN
this, country, was raised by the course OF pro.
ceeding. twas fully recognized also by its





tinguished Senator, 'Perhaps no graver dues
ton in the form we are brought to consider It
was ever considered by the American Con-
gress in time OF peace, for it not only in
wolves the merits and dement's of the laws
which the House bill proposes to repeal, but
involves the rights: the privileges, the powers
and the duties of the two branches OF Con-
gress and of the President of the United
States. It is a question whose importance
can scarcely be estimated. It is question
that never yet has been brought so. sharply
before the American Congress and the Amer
lean people as it NAV be now


1t is q question which sooner or later must
be decided, and the decision must determine
what are the powers of the House of Repre-
sentatives under the constitution. Mr.. Pres.
ident, should approach this question, were
in the best possible condition to speak and
to argue it, with very grave diffidence and un
certainty, with the utmost anxiety, for none
can think over it as long and carefully as I
have thought Of it, without seeing we are be-
ginning, perhaps, struggle that may last
longer in this country, as similar struggle
in what we are accustomed to call the moth
erland The struggle lasted for two centu-
rles before it was ultimately decided. It is
not likely to last SO long here, but it NAV last
until every man In this chamber is in his
grave. 1t il question whether or not the
House OF Representatives has the right to say





mat grievances are redressed. We are repre-
sentatives of the tax payers Of the republic.
We, the House Of Representatives, alone have
the right to originate money bills. We, the
House OF Representatives, have alone the
right to originate bills which grant the money
OF the people. The Senate represents the
STATES; we represent the tax payers of the
republic. We, therefore, by the very terms
OF the constitution are charged with the duty
OF originating bills which grant the money Of
the people. We claim the right which the
house Of commons in England established af-
ter two centuries Of contest, to say we will not
grant the money of the people unless there is
redress Of grievances"


Upon the assembling of this Congress in
pursuance Of the call for an extra session.
which was made necessary by the failure OF
the Forty fifth Congress to make needful ap.
preparations for support of the government,
the question was presented whether the at
tempt made in the last Congress to engraft bv
construction new principle upon the con-
stitution should be persisted in or not. This
congress has ample opportunity and time to
pass the appropriation bills, and also to enact
any political measures which may be deter.
mined upon by separate bills bv the usual
and ordinary methods of proceedings. But
the majority of both houses have deemed it
wise to adhere to the principle asserted and
ma!nta nntn al y the last Congress by
principles is that the House of Representa-.
tives las the sole right to originate bills for
raising revenue, and therefore has the right
to withhold appropriations upon which the
existance OF the government may depend un-
less the Senate and President shall give their
assent to any legislation which the House NAV
see lit to attach to appropriation bills. To es-
tablish the principle is to make radical, dan
gerous and unconstitutional change in the
character Of our institutions. The various de
partments OF the government and the army.
and the navy are established by the constitu.
tion or bylaws passed in pursuance thereto.
Their duties are clearly defined and their sup.
port is carefully provided for by law. The
money required for this purpose has been col.
treasury ready to be paid out asAsoon as the
appropriation bills are passed. Whether the
appropriations are made or not, that collec.
ton of taxes will go on, AID the public money
will accumulate in the treasury. 1t was not
the intention of the trainers OF the constitution
that any single branch of the government
should have the power to dictate the conGi.
tlons upon which this treasure should be
applied to the purposes for which it was col.
lected. Any such iHtention, If it had been
entertained, could have been plainly express
ed in the constitution. That the majority of
the Senate now concurs in the claim of the
House adds to the gravity of the situation,
but it does not alter the question at issue
The new doctrine. if maintained, will result
in the. consideration Of unchecked and
despotic power in the House of Representa-
tiyes A bare majority of the House
will become the government. the
executive will no longer be what
the trainers Of the constitution intended, an
equal and independent branch of government.
It is clearly the constitutional duty of the
President to exercise his discretion and judg-
ment upon all bills presented to him without
constraint or duress from any other branch Of
the government. To say that majority Of
either or both houses of Congress may insist
upon approval of bill under the penalty OF
stopping all Of the operations of the govern
ment for want Of necessary supplies is to
deny to the executive that duty Of Legislative
power which Is plainly conferred by the sew
enth article of the constitution. It strikes
from the constitution the qualified negative
Of the President. 1t is said this should be
done because it is the peculiar function Of the
House OF Representative to represents the will
OF the people, but no single branch or depart
ment of the government has exclusive au-
thority to speak for the American people.
The NEST authentic and solemn expression
OF their will is contained in the constitution
Of the United States. By that constitution
they have ordained and established govern
ment whose powers are distributed among
coordinate branches, which, as far as possible
consistently with harmonious cooperation,
are absolutely Independent of each other.


The people of the country are unwilling to
see the supremacy of the constitution re-
placed by the omnipotence of any depart
ment OF government. The enactment of this
bill into law will establish precedent which
will tend to destroy the equal independence of
the several branches Of the government. Its
principle places not NEARLY the Senate and
executive, but the judiciary also, under the
coercive dictation Of the House. The House
alone will be the Judge of what constitutes a
grievance, and also Of the means and meas
ures ofredress. An act Of Congress to pro
tect elections is now the grievance complained
Of. but the House may, on the same principal,
determine that any other act of Congress al.
ready made, thata nomination or appointment
to office by the President, with the advice and
consent Of the Senate, or that a decision or
opinion Of the supreme court grievance,
and that ii measures OF redress be withheld.
the appropriations required for the support OF
the offending branch Of the government be
refused: Believing that this bill is . danger
GUS violation of the spirit and meaning of the
constitution, am compelled to return it to the
House, in which it originated, without my
T1A II K