Year: 1879

or town to require of the marshals of the
district the appointment Of special dep
uty marshals; thereupon the duty Of
marshals becomes imperative and its
non-performance will expose him to a
judicial mandate or punishment or to re-
moral from Office BY tho President, as
the circumstances in his case might re-
qlire. The bill now before me neither
revokes this popular right of citizens nor
relieves the marshals Of the duty imposed
by law, nor the President Of his duty To
see that this law is faithfully executed.


! forbear to enter again upon any gene
ral discussion of the wisdom and neces.
sity of the election laws or the dangerous
and unconstitutional principle Of this bill.
and the power vested in congress to orig
mate appropriations involves the right to
compel the executive TO approve any leg
slation which congress may see fit TO at
taeh tC such bills under penalty of refus-
ing the means needed 10 carry ont an
essential function of the government
My views on these subjects have been
sufficiently presented in special messages
sent by me 10 the house of representatives
during their present session. What was
said in those messages l regard as conclu-
sive as to my duty in respect to the bill
before me. The arguments urged in these
communications against the repeal of the
election laws and against the right of
congress to deprive the executive Of that
separate and independent discretion and
judgment which the constitution confers
and requires are equally cogent in oppo-
sition to this bill. This measure leaves
the powers and duties Of the supervisors
Of elections untouched; compensation OF
these officers is provided for under perma-
nent laws, and no liability for which an
appropriation is now required would.
therefore, be incurred by their appoint
ment, but the power Of the national gov
ernment to protect them in the discharge
Of their duty at the polls would
be taken away. States may employ
both the civil and the military power at
elections, but by this bill, even the civil
authority to protect congressional cleo
tions is denied to us The object is to
prevent any adequate control by the
United States over national elections, by
forbidding the payment of deputy mar
shals, the officers who are clothed with
authority to enforce election laws. The
fact that these laws are deemed obiection-
able by a majority of both houses Of con-
gress is urged as a sufficient warrant for
this legislation. There are two lawful
ways to overturn legislative enactments
One is their repeal. The other is
the decision of competent tribunal
against their validity. The effect Of thi:
bill is to deprive the executive depart
ment of means to execute laws which are
not repealed, which have not been de.
clared invalid, and which it is therefore
the duty of the executive and of every
other department of the government tc
obey and to enforce. ] have, in my former
message on this subject expressed will.
ingness TO concur in suitable amendment
for the Improvement of elections, but ]
cannot consent to their absolute and en-
tire repeal, and ] cannot approve legisla
ton which seeks to prevent their enforce
ment. tSigned)


.,l" RUTHERFORD B. HAYES.
| EXECUTIVE MANSION, June %, 1879.