Year: 1879

ion upon which the existence of the gov


eminent may depend unless the senate and


president shall give their assent to every
legislation which the house may see fit to


attach to the appropriation bills.


To establish this principle is to make
| radical, dangerous and unconstitutional
change in the character of our institu
tions. The various departments of the
government and army and navy are estab-


lished by the constitution, or by laws
passed in pursuance thereof; their duties


are clearly defined and their support is


carefully provided for by law. The money


required for this purpose has been collect


ed from the people, and is now in the


treasury ready to be paid out as soon as


the appropriation bills are passed. Wheth-


er the appropriations are made or not 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
conditions upon which this treasure
should be applied to purposes for which
it was collected. Any such intention


would have been plainly expressed in the
constitution. That q majority of the SEN.
ate now concurs in the claim of the house.
adds to the gravity of the situation, but
does not alter the question at issue. The
new doctrine if maintained, will result in
the consolidation of unchecked and des.
potic power in the house of representa-
tives. 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 inde-
pendent branch of the government. 1t is
clearly the constitutional duty of the
president to exercise his discretion and
judgment upon all bills presented to him
without constralnt or duress from any
other branch of the government. To say
that majority of either or both houses
of congress may insist on the approval of
the bill under penalty of stopping all of
the operations of the government for want
of necessary supplies, is to deny to the ex-
ecutive that share of Legislative power
which is plainly conferred by the second
section of the 10th article of the constitu.
tion. 1t strikes from the constitution the
qualified negative of the president. 1t is
said that this should be done because it
Is the peculiar function of the house of
representatives to represent the will of the
people; but no single branch or depart
ment OF the government has exclusive
authority to speak for the American peo-
pie. The most authentic and solemn ex-
preston of their will is contained in the
constitution of the United States. By that
constitution they have ordained and es-
tablished a government whose powers are
distributed among coordinate branches
which, as far as possible, consistently
with harmonious cooperation, are abso-
lutely independent of each other. The
people of the country are unwilling to see
the supremacy of the constitution replaced
by the omnipOtence of any department OF
the government. The enactment of this
bill into a law will establish precedent
which will tend to destroy the equality
and independence of the several branches
of the government. Its principles places
not merely the senate and executive, but
the judiciary also, under the coercive die
tatiOn of the house. The house alone will
be the judge of what constitutes griev-
ance, and also of the means and measures
of redress


An act OF congress to protect elections
is now the grievance complained of, but
the house may, on the same principle, de-
termine that any other act OF congress,
treaty made by the president, with the ad-
vice and consent of the senate, a nomina-
tion or appointment to office, or that de-
cision or opinion of the supreme court is a
grievance, and that the measure of redress
is to withhold the appropriation required
tor the support of the offending branches
of the government.


Believing that this bill is dan
gerous violation of the spirit and
meaning of the constitution, and am
compelled to return it to the house in
which 1t originated, without my approval


The unqualified negative with which
the constitution invests the president, is
trust that involves a duty which cannot
decline to perform. With firm and con-
scientious purpose to do what can to pre-
serve unimpaired the constitutional pow
ers and equal independence, not merely of
executive, but of every branch of the gov
ernment which will be imperiled by the
adoption of the principle of the bill,
desire earnestly to urge upon the house of
representatives a return to the wise and
wholesome usage of the early days of the
republic which excluded from the appro-
priation bills, all irrelevalent legislation.
BY this course you will inaugurate an i'm
pOrtant reform in the method of congress
ional legislation. Your action will be IN
harmony with the fundamental principles
of the constitution and the patriotic senti-
ment of the nation which is its firm
support and you will restore to the coun-
try that feeling of confidence and security
and repose, which is SO essential to the
prosperity TO all our fellow-citizens.


Signed, RUTHERFORD B. HAYES.