Year: 1879

| the marshal of the district the appoint
ment of those special deputy marshals
thereupon the duty of the marshal be-
comes imperative, and its nOn-pertorm-
ance will expose him to judicial man
date or punishment or TO removal from
Office by the President, as the
circumstances of this conduct might re-
quire. The bill before me neither re-
vokes this popular right of the citizens,
nor relieves the Marshal OF the duty
imposed by law, nor the President OF
his duty to see that these laws are faith
fully executed.


He Valves Discussion.


| forbear to enter again upon any
general discussion upon the wisdom
and necessity OF the election laws, or
the dangerous and unconstitutional
principle OF this bill, that the power
vested i'm Congress to originate appro-
priations involves the right to compel
the executive 10 approve any leglsla-
ton which Congress may see fit TO at
tach to such bills, under penalty
OF refusing the means needed TO
carry out the essential functions Of
the Government. NV views OF these
subjects have been sufficiently presented
in special messages sent by me 10 the
House of Representative during the
present session. The arguments urged
in these communications against the re-
peal of the election laws and against the
right of Congress to deprive the EXecu-
tive OF that separate and independent
discretion and judgment which the Con-
stitutiOn confers and requiras, are equal
" cOgent in opposition to this bill.


Prevents National Control OF Elections.


This measure leaves the powers and
duties of the supervisors of elections
untouched. The compensation OF those
officers is provided for under permanent
laws, and no liability for which an ap-
preparation is now required would there
fore be incurred by their appointment,
but the power of the National Govern
ment TO protect them in the dis
charge of their duty at the polls
would he taken away. States
NAV employ both civil and
military power at an election, but by
this bill even the civil authority TO pro-
teCt Congressional elections is denied to
the United States. The objects to pre-
vent anv adequate control bv the Uni
ted States over National elections by
forbidding payment of deputy marshals,
officers who are clothed with authority
to enforce the election laws. The tact
that these laws are deemed Objectionable
bv majority OF both Houses OF Con-
gress is urged as IA sufficient warrant Tor
this legislation. There are two lawful
WAYS TO overturn legislative cnactmcnts:
one is their repeal, the other is the de-
cision of a competent tribunal
against their validity. The eff
feet of this bill is to deprive
the executive department of the govern
ment of the means TO execute the laws
which have not been declared invalid
and which it is therefore the duty OF the
executive and OF every other depart
ment of the government to obey and to
enforce. l have in my former mes
sage on this subject expressed my
willingness to concur in suitable amend
ments for the improvement of the cleo
ton laws, but | cannot consent to their
absolute and entire repeal, and / cannot
approve legislation which seeks to pre-
vent their enforcement.


ISigned.l RUTHERFORD b. HAYES,


Erecutiue Mansion, June %, 1879.