Year: 1879




which originates the bill entitled "An act
making appropriations to pay fees of
United States marshals and their general
deputies" with the following objections
to its becoming a law:


The bill appropriates the sum of $780,
600 for the payment during the fiscal wear
ending June 30, 1880. of United States
marshals and their general deputies. and
the officers thus provided for are essential
TO the faithful execution of the laws.
They were created and their powers and
duties defined by congress at its first ses-
sion alter the adoption of the constitution,
in the judiciary act which was approved
September 24th, 1889 Their general du-
ties as defined in the act which originally
established them, were substantially the
same AS those prescribed in the statutes
now in force.


The principal provision on the subject
in the revised statutes is as follows:


Section 1871 1t shall be the duty of the
marshal Of each district TO attend the Dis
trict and Circuit Courts when sitting
therein, and to execute throughout the
district all lawful precepts directed to
him, and issued under authority of the
| United States, and he shall have power TO
command all necessary assistance in the
discharge of his duty"


The original act was amended .
| 1895, and the amendment is now found in
the revised statutes in the following form:
Section 1888. Marshals and their deputies
shall have in each State the same powers
in executing the laws of the United States
as sheriis and their deputies in such State
may have by law in executing the laws
thereof"


BY subsequent statutes additional du
ties have been from time to time imposed
on marshals and their deputies, due and
regular performance of which is required
for the etliciencyNof almost every branch
lof public service Without these officers
there would be no means of executing
warrants, DEGREES or other process oi
the courts, and the judicial system would
be fatally defective.


The criminal jurisdiction of the courts
of the United States is very extensive
Grimes committed within the maritime
Jurisdiction of the United States are al
cognizable only in the courts Of the Uni
ted States. Crimes against public justice
and crimes against the operations Of Oh,
government, such as forging or counter
leiting money or securities of the United
States, crimes against the postal laws, of
fense against the elective franchise, against
civil rights of citizens, against the exist.
ence of the government crimes against
the internal revenue laws and customs
crimes against the laws for the protection
of the Indians and public lands, all OF
these crimes and many others can be pun.
ished only under the United States law,
laws which, taken together constitute a
body of jurisprudence which is vital tc
the welfare of the whole country. and
which can be enforced only by means OF
the marshals and deputy marshals OF the
United States.


In the District of Columbia all of the
process of courts is executed by the off
GERS in question. In short, the execution
of the criminal laws of the United State,
service of all civil process in cases i'm
which the United States is the party, and
the the execution Of the revenue laws.
neutrality laws and many other laws OF
| large Importance, depend on the main
tenance of maShals and their deputies /.
they are, in effect, only police of the
United States government.


Officers with corresponding powers and
duties are found in every State of the
| Union, and in every country which has
jurisprudence which is worthy of the
name. To deprive the national govern.
ment of these officers would be as disas-
trous to society as to abolish the sherifs.
constables and dpolice officers inthe several
States. 1t would be denied to the United
States any right to execute its laws, and
the denial of all authority which requires
the use of civil force. The law entities
these officers to be paid out of the funds
needed for the purpose, which have been
collected from the people and are now in
the treasury No objection is, therefore.
made to that part of the bill before me
which appropriates money for the support
of the marshals and deputy marshals of
the United States.


The bill contains, however, other pro
visions which are identical in tenor and
effect with the second section of the bill
entitled "An act making appropriations
for certain judicial expenses, which, on the
23d of the present month, was returned
To the house of. representatives with my
objections to its approval of the provisions
referred to, and are as follows: "Section 2
That the sums appropriated in this act
for persons and public service embraced
in its provisions are in full for such per
sons and public service for the fscal year
ending June 30, $780, and no department
or officer of the government shall, during
said fiscal year make any contract or
incur any liability for the future payment
Of money under any of the provisions of
title %, mentioned in the section of this
act until an appropriation sufficient to
meet such contract or pay such liability
shall have been first made by law


Upon reconsideration in the house of
representatives of the bill which contain
ed these provisions it lacked constitu
tional majority, therefore, to become a
law. In order 70 secure It's enactment
the same measure is again presented for
my approval coupled in the bill before
me with the appropriations for the sup
port of marShals and their deputies dur
| ing the next fiscal year. The object man.
itestly is to place before the Executive
this alternative, either to allow all the
necessary functions of the public service
to be crippled or suspended for the want
of appropriations required to keep them
in operation or to approve legislation
which In an official communication TO
congress he has declared would be viola
ton of his constitutional duty. Thus in
this bill the principle is clearly embodied
that by virtue of the provision of
the constitution which requires that
all bills for raising revenue should origi-
nate in the house of representatives,
bare majority Of the house Of representa-
tives has no right to withhold appropria-
tions for the support of the government
unless the executive consents to approve
any legislation which may be attached to
an appropriation bill. respectfully re-
fer you to the communication on this
subject which | have sent to congress
during its present session for statement
Of the grounds Of my coneMsiens. ! de-
sire here merely to repeat that in my
Judgment to establish the principle Of this