Year: 1879

VETO MESSAGE OF THE PRESIDENT.


WASHINGTON June 23.-The following is tn,
text of the Presidents message ve!oing the
judicial appropriation bill


To the House Of Representatives After q
careful examination of the bill entitled s'Au
act making appropriations for certain judicial
Representatives, in which it originated, with
the following objections to its approval


The general purposes of the bill is to provide
for certain judicial expenses of the govern
ment for the fiscal year ending June 80, 1880
for which the sum of $2,69O,OOO is appro'
keep in operation the general functions of the
judicial department of the government, and il
this part of the bill stood alone there would be
no objection to its approval. 1t contains,
however, other provisions to which desire to
ask your attention. At the present session of
Congress: majority of both houses, favor
ing


REPEAL OF THE CONGRESSIONAL ELECTION LAWS
embraced in title sixteen of the revised stat
utes, passed measure for that purpose as a
part of the bill, entitled an act making appro-
priations for legislative, executive and judicial
expenses of the government for the fiscal year
ending June 50th, 1880, and for other purposes.
Unable to concur with Congress in that meas
ure, on the Goth of May last, returned the bill
to the House of Representatives in which it OF
lginated without my approval for that further
considerationSfor which the constitution pro-
vides. On reconsideration, the bill was ap-
proved by less than two-thirds of the House
and it failed to become law. The election
laws therefore remain valid enactments and
the


SUPREME LAW OF THE LAND,


binding not only upon all the private citizens
but also alike and equally binding upon all
who are charged with the duties and response
bilities of legislative and judicial duties of
the government. 1t is not sought by the bill
before me, to repeal the election laws. Its OBJ.
jeot is to defeat their enforcement: The clause
of the first section is as follows: "And no part
of the money hereby appropriated, is aDpro-
priated to pay any salaries, compensations,
fees or expenses under or in virtue of title 26
of the revised statutes or of any provision of
said >itle.' Title 26 of the revised statues, re-
elective franchise and contains laws now in
force regulating Congressional elections.


THE SECOND SECTION


of the bill goes much further: it is as follows:
Section 2. That sums appropriated in this act for
persons and public service embraced in its provisions
are in full for such persons and public service for
the fiscal year ending June 80, $780, and no depart
fiscal year make any contract or incur any liability
for future payment of any money under any of the
provisions of title wentysx of the revised statutes
of the United States authorizing the appointment
payment Of any deputy marshals for service in
nection with elections election day, until ap-
preparation sufficient to meet such contract or for
such liability shall have first been made by law.


This section of the bill is intended to make


EXTENSIVE AND ESSENTIAL CHANGE.
in the existing law. The following are pro
vision of the statutes the same subject
which are now in force:


Section 2,697. No department of the government
shall expend in any fiscal year any sum in excess
of the appropriations made by Congress for that fiscal
year Or involve the government in any contract for
future payment of money in excess of such appro-
priations.
Section 2,742. No contract or purcha SO on behalf
Of the United States shall be made, unless the
is authorized by law is under appropriation
adequate to its fuflment, except in the navy
departments. for clotning subsistence, forage fuel
quarters transportation, which, however, shall not
exceed the necessaries of the current year.


The object of these sections of the revised
statutes is plain. 1t is, first, to prevent any
money from being expended unless appropria-
tions have been made therefor; and second, to
prevent the government from being bound by
any contract not previously authorized by law,
except for necessary purposes in the war and
navy departme ats. Under existing laws the
failure of Congress to make appropriations re-
quired for the execution of the provisions OF
the election laws would not prevent this en-





general and special deputy marshals, which
tliese provide for, would still remain and the
executive department of the government
would also be empowered to incur the requi
site liability for their compensation; but the
second section of this bill contains prohibi
tion not found in any previous legislation. Itt
design is to render the


ELECTION LAWS IMPERATIVE


and dead letter during the next fiscal year.
1t is sought to accomplish this by emitting tt
appropriate money for their enforcement anc
hcer of tho government from incurring any
liability under any Of the provisions of it'll
26 of the revised statutes authorizing the ap
pointment or payment of general or specia
deputy marshals for service on election day
liability shall have first been made. The Presi
dent is called upon to give his affirmative ap
proval to positive enactment which in effec
deprives him of the ordinary and necessar
means of executing the laws still left On th
statute book and embraced within his constitu
tional duty to see that the laws are executed
If he approves the bill, and thus gives to suc
positive enactments


THE AUTHORITY OF LAW,
he participates in the curtailment of his mean
of seeing that the law is faithfully executed
while the obligation of the law and of his con
stitutional duty remains unimpaired. Th
appointment of special duty marshal, is no
made by statute a spontaneous act of authorit
on the part of any executive OF judicial Office
of the government, but is accorded as popu
lar right of citizens to call into operation thi
agency for securing the freedom of election
in any city or town oe 10000 inhabitants q
upward. Section 2,O21 of the revised statute
puts it in the power of any two citizens o
such city or town to reqnire of the marshal o
the district the appointment of these specis
becomes imperative and its non-performanc
will expose him to judicial mandate or Dur
ishment, to removal from Office, by th
President, as the circumstances and his cOndut
might require. The bill now before me neithe
revokes this popular right of the citizens {
relieves the marsha1s of the duty imposed b
law, nor the PRECEDENT of his duty, to see tbs
the law is faithfully executed. I forbear
enter again upon any general discussion of tt
wisdom and necessity of the election laws {
the


DANGEROUS AND UNCONSTITUTIONAL PR1NCIP1
of this bill. The power vested in Congress
originate appropriations involves the right
compel the executive to approve any legisl
tion which Congress may see fit to attach
such bills under penalty of refusing the meal
needed to carry on an equal function of Il
government. My views on these subjects ha
been sufficiently expressed in special messa2
sent by me to the House of Representativ
during the present session. What was said
those messages regard as conclusive to n
duty in respect to the bill before me. The 9
guments used in those communications again
he repeal of the election laws and against 4