Year: 1879

necessary means of executing the laws still
left on the statute books, and embraced
within his constitutional duty to see that
the laws are executed. II he approves the
bill and thus gives to such positive enact.
ment the authority of law, he participates
In the curtailment Of his means of seeing
that the law is faithfully executed, while the
obligation of law and OF his constitutional
duty remains unimpaired The appointment
OF special deputy msrshals is not made BY
statute spontaneous act of authority on
the part of any executive or judicial officer
OF the government, but is accorded as pop
ular right Of citizens to call into operation
this agency for securing the freedom of
elections in any city or town having twenty
thousand inhabitants or upward. Section
2O2l of the revised statutes puts it in the
power Of any two citizens of such city or
town to require of the marshal of the dis
trict the appointment of three special deputy
marshals Thereupon the duty becomes
imperative. and its non-performance
will expose him 10 judicial
mandate, or punishment or removal
from office by the president as circum-
stances OF bis conduct might require. The
bill before me neither revokes this popular
eight OF citizens or relieves the marshals of
tne duty imposed by law, nor the president
OF his duty to see that this law is faithfully
executed.
torbear to enter again upon any general
discussion Of the wisdom and necessity Of
election laws, or the dangerous and uncon.
stitutional principle of this bill that the
power vested in congress to originate an.
propriations involves the right to compel
the executive to approve any legislation
winch congress may see fit to attach to
such bills under the penalty of
refusing the means needed to carry out the
essential functions Of the government. Ny
views on these subjects have been sufficiently
presented in special messages sent by me to
the house of representatives during the pre.
sent session. 1t was said in those messages
what regard as conclusive as to my duty
in respect to the bill before me. The argu-
ments 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 as cogent in opposition to this
bill: This measure leaves the powers and
dnties OF supervisors Of elections untouch
ed. The compensation of those officers is
provided for under permanent law, and no
AAsI 'oA uH'CH al appropriation IL now
required would therefore be incurred, but
power of the national government to protec,
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, bu
by this bill every civil authority to protec
congressional elections is denied to the
United States. The object is to preven,
any adequate control by the United States
over national elections by forbidding the
payment of deputy marshals the officers
who are clothed with authority to enforce
the election laws. The fact that these laws
are deemed Objectionable by majority o.
both houses is urged as q sufficient warrant
for this legislation. There are two WAYS
to overturn legislative enactmcnts. One i,
their repeal, and the other is the decision ol
competent tribunal against ,heil
validity. The effect of this
bill is TO deprive the executive departmen,
OF the government of the means to execute
laws which are not repealed, which have
not been declared invalid, and which it is
therefore the duty of the executive and
every other department of the government
to obey and to enforce


have in my former message on this sub.
ject, expressed willingness to concur in
suitable amendments for the improvement
of the election laws, but cannot consent te
this absolute and entire repeal, and | can
not approve legislation which seeks to pre-
vent their enforcement.


lSignedJ RUTHERFORD B. HAYES