Peace at the Polls Democratic authorship, and purpose of the act which The Democracy proposed zo repeal. Lazarus W. Powel in the 36th. 37th, and 3811 COLITESSES was a senator of the United States from Kentucky So pronounced was as opposition hentury to the National Government and so vinient and public his ach against I that his colleague, Garrett

Keter Kithuge de Marsi March 1 L Davs II the 364 Congress, moved his expul

In the Senate the bill passed by the follow mended to cripple the Government during ing vote.

the territory which is now my State, it was very common for the military authorities to take possession of the polls. The sheriffs in the counties had a way of getting a posse on that day and mustering them into the service of the United States, and surrounding the polls, for the ostensible purpose of keeping the peace at the polls; but I have seen the time when I could not go within gunshot of the polls, and you could not get a ballot into the box unless you shot it in out of 30me revolver. I do not want any military interference at the polls, and I never did want it. I would not have troops there unless in some sensible way to keep the peace and to prevent contests which might be likely to arise. I think the Senator should be the last man, and his party should be the last party to undertake, after what occurred in my State, to prevent men being at the polls to keep the peace and prevent collisions"

Democratic efforts and votes enact it. The law, through the persistent advocacy of Mr. Powell, finally passed the Senate at the 1st session of the 38th Congress. Every Democrat present voted for the bill. Seven Republicans, although denying that there was any need for the passage of such a law, denying that even in the existing state of war, there had ever been any authorized military interference at elections, yet voted for it. All the votes against it were Republicans.

and Senate on the Bill, and in House on passage of same over the Veto.

Following is the President's veto:

Message from the President of the United States returning, without his approval, the bill of the House (H. R. 2) entitled An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1880, and for other purposes.'

TO THE HOUSE OF REPRESENTATIVES:

"After mature consideration of the bill, entitled 'An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes,' I herewith return it to the House of Representatives, in which it originated, with the following objections to its approval: money required to support, during the next fiscal year, the several civil departments of the Government. The amount appropriated exceeds in the aggregate eighteen millions of dollars.

"The main purpose of the bill is to appropriate the

"This money is needed to keep in operation the essential functions of all the great departments of the Government-legislative, executive and judicial. If the bill contained no other provisions no objection to its approval would be made. It embraces, however, a number of clauses relating to subjects of great general The measure which subsequently passed interest, which are wholly unconnected with the apthe House also, and which the Rebel Briga-propriations which it provides for. The objections to diers have since so vehemently denounced, the practice of tacking general legislation to appropriwhich in their efforts to repeal occasioned the ation bills, especially when the object is to deprive a co-ordinate branch of the Government of its right to defeat of the Army Appropriation Bill, caused the free exercise of its own discretion and judgment an extra session and put the nation to a great touching such general legislation, were set forth in expense, was a Democratic measure in its origin, the special message in relation to House bill number one, which was returned to the House of Representaauthorship and purpose; a rebel measure sup- tives on the 29th of last month. I regret that the obported and passed by Democratic votes injections which were then expressed to this method of support of the Rebel Brigadiers in the field, for the purpose of making "the ballot-box the sanctuary" of the traitor.

legislation have not seemed to Congress of sufficient weight to dissuade from this renewed incorporation of general enactments in an appropriation bill, and that my constitutional duty in respect of the general legislation thus placed before me cannot be discharged

It reacts against the authors-Hence the without seeming to delay, however briefly, the necesight against it.

"The bill contains the following clauses, viz.:

sary appropriations by Congress for the support of the Government. Without repeating these objections, I Upon the restoration of the Union, during respectfully refer to that message for a statement of my views on the principle maintained in debate by reconstruction, and subsequently, this law re- the advocates of this bill, viz., that to withhold apacted against its authors, and their new de-propriations is a constitutional means for the redress signs, through its clause "to keep the peace at of what the majority of the House of Representatives the polls." Rifle clubs, the Ku Klux, the may regard as 'a grievance.' White League, and the host of banditti which were organized for the subjugation of the Union masses of the rebel States, found this clause a formidable obstruction to their sanguinary plots. It enabled the National Government to give some protection to the Unionists in their rights as citizens at the polls. Hence, cried they, it must be struck from the statutebook. The Ku Klux must be king. Rebel rifles clubs must reign! The President's veto arrested their plans.

PART IV.

Veto of the Legislative, Executive and Judicial Appropriation Bill -Which repealed or modified the law touching Supervisors and Marshals at Congressional Elections, and touching Jurors in U. S. Courts-Votes in House

"And provided further, That the following sections of the Revised Statutes of the United States, namely, sections two thousand and sixteen, two thousand and eighteen, and two thousand and twenty, and all of the succeeding sections of said statutes down to and including section two thousand and twenty-seven, and also section fifty-five hundred and twenty-two, be, and the same are hereby, repealed; *** and that all the other sections of the Revised Statutes, and all laws and parts of laws authorizing the appointment of chief supervisors of elections, special deputy narshals of elections, or general deputy marshals having any duties to perform in respect to any election, and prescribing their duties and powers, and allowing them compensation, be, and the same are hereby repealed.'

"It also contains clauses amending sections 2017, 2019, 2028, and 2031 of the Revised Statutes.

"The sections of the Revised Statutes which the

bill, if approved, would repeal or amend, are part of an act approved May 30, 1870, and amended February 28, 1871, entitled An act to enforce the rights of citizers of the United States to vote in the several States of this Union, and for other purposes.' All of the provisions of the above-named acts, which it is proposed in this bill to repeal or modify, relate to the congressional elections. The remaining portion of the law, which will continue in force after the enactment of this measure, is that which provides for the appointment, by a judge of the circuit court of the United States, of two super

tatives may also be constitutionally regulated by the national authority.

"The bill before me itself recognizes the principle that the Congressional elections are not State elections but national elections. It leaves in full force the existing statute, under which supervisors are still to be appointed by national authority, to observe and witness' the Congressional elections, whenever due application is made by citizens who desire said elections to be guarded and scrutinized." If the power to supervise, in any respect whatever, the Congressional election exists, under section 4, article 1, of the Constitution,it is a power which, like every other power belonging to theGovernment of the United States is paramount and supreme, and includes the right to employ the necessary means to carry it into effect.

visors of election in each election district, at any Congressional election, on due application of citizens who desire, in the language of the law to have such election guarded and scrutinized.' The duties of the supervisors will be to attend at the polls at all Congressional elections, and to remain after the polls are open until every vote cast has been counted, but they will have no authority to make arrests, or to perform other duties than to be in the immediate presence of the officers holding the election, and to witness all their proceedings, including the counting of the votes, and the making of a return thereof.' The part of the election law which will be repealed by the approval of this bill includes those sections which give authority to the supervisors of election to personally scrutinize, count, and canvass each ballot, and all the sections which confer authority upon the United States mar- "The statutes of the United States which regulate shals and deputy marshals, in connection with the the election of members of the House of Representa Congressional elections. The enactment of this bill tives, an essential part of which it is proposed to rewill also repeal section 5522 of the criminal statutes of peal by this bill, have been in force about eight years. the United States, which was enacted for the protection Four Congressional elections have been held under of United States officers engaged in the discharge of them, two of which were at the Presidential elections their duties at the Congressional elections. This sec- of 1872 and 1876. Numerous prosecutions, trials and tion protects supervisors and marshals in the perform-convictions have been had in the courts of the United ance of their duties, by making the obstruction or the States in all parts of the Union for violations of these assaulting of these officers, or any interference with laws. In no reported case has their constitutionality them, by bribery, or solicitation, or otherwise, crimes been called in question by any judge of the courts of against the United States. the United States. The validity of these laws is sustained by the uniformal course of judicial action and opinion.

The true meaning and effect of the proposed legislation are plain. The supervisors, with the authority to observe and witness the proceedings at the Congres- "If it is urged that the United States election laws sional elections, will be left; but there will be no pow- are not necessary, an ample reply is furnished by the er to protect them, or to prevent interference with history of their origin and of their results. They their duties, or to punish any violation of the law from were especially prompted by the investigation and which their powers are derived. If this bill is ap- exposure of the frauds committed in the city and proved, only the shadow of the authority of the United State of New York at the elections of 1868. Committees States at the national elections will remain; the sub- representing both of the leading political parties of the stance will be gone. The supervision of the elections country have submitted reports to the House of Repwill be reduced to a mere inspection, without authori-resentatives on the extent of those frauds. A comty on the part of the supervisors to do any act what-mittee of the Fortieth Congress, after a full investiga ever to make the election a fair one. Ali that will be tion, reached the conclusion that the number of fraudleft to the supervisors is the permission to have such ulent votes cast in the city of New York alone in 1868 oversight of the elections as political parties are in the was not less than twenty-five thousand. A committee habit of exercising without any authority of law, in of the Forty-fourth Congress, in their report, suborder to prevent their opponents from obtaining un- mitted in 1877, adopted the opinion that for every one fair advantages. The object of the bill is to destroy hundred actual voters of the city of New York in 1868 any control whatever by the United States over the one hundred and eight votes were cast, when, in fact, Congressional elections. the number of lawful votes cast could not have exceeded eighty-eight per cent of the actual voters of the city. By this statement the number of fraudulent votes at that election, in the city of New York alone was between thirty and forty thousand. These frauds completely reversed the result of the election in the State of New York, both as to the choice of governor and State officers, and as to the choice of electors of President and Vice President of the United States They attracted the attention of the whole country. It was plain that if they could be continued and repeated with impunity free government was impossible. A distinguished Senator, in opposing the passage of the election laws, declared that he had for a long time believed that our form of government was a comparative failure in the larger cities.' To meet these evils and to prevent these crimes, the United States laws regulating Congressional elections were enacted.

The passage of this bill has been urged upon the ground that the election of members of Congress is a matter which concerns the States alone; that these elections should be controlled exclusively by the States; that there are and can be no such elections as national elections; and that the existing law of the United States regulating the Congressional elections is without warrant in the Constitution.

"It is evident, however, that the framers of the Constitution regarded the election of members of Congress in every State and in every district as, in a very important sense, justly a matter of political interest and concern to the whole country. The original provision of the Constitution on this subject is as follows (section 4, article 1):

The times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators."

"A further provision has been since added, which is embraced in the fifteenth amendment. It is as follows:

SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.

"SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.'

"Under the general provision of the Constitution (section 4, article 1), Congress, in 1866, passed a comprehensive law, which prescribed full and detailed regulations for the election of Senators by the legislatures of the several States. This law has been in force almost thirteen years. In pursuance of it all the members of the present Senate of the United States hold their seats. Its constitutionality is not called in question. It is confidently believed that no sound argument can be made in support of the constitutionality of national regulation of Senatorial elections which will not show that the election of members of the House of Represen

"The framers of these laws have not been disappointed in their results. In the large cities, under their provisions, the elections have been comparatively peaceable, orderly, and honest. Even the opponents of these laws Have borne testimony to their value and efficiency and to the necessity for their enactment. The committee of the Forty-fourth Congress, composed of members, a majority of whom were opposed to these laws, in their report on the New York election of 1876, said:

The committee would commend to other portions of the country and to other cities this remarkable system, developed through the agency of both local and Federal authorities acting in harmony for an honest purpose. In no portion of the world, and in no era of time, where there has been an expression of the popular will through the forms of law, has there been a more complete and thorough illustration of Republican institutions. Whatever may have been the previous habit or conduct of elections in those cities, or howsoever they may conduct themselves in the future, this election of 1876 will stand as a monument of what good faith, honest endeavor, legal forms, and just au

thority may do for the protection of the electoral | Deering, Dunnell, Dwight, Errett, Farr, Ferdon, Field,
Fisher, FORD, Fort, Frye, Garfield, Godshalk, Hall, J.
franchise.'
Hammond, Harmer, B. W. Harris, Haskell, Hawk,
Hawley, Hayes, Heilman, Henderson, Hiscock, Hub-
bell, Humphrey, James, Jorgensen, Joyce, Keifer,
KELLEY, Ketcham, Killinger, Lapham, Lindsey, Lor-
ing, Marth, J. J. Martin, Mason, McCoid, McCook,
McGowan, McKinley, Miles, Miller, Mitchell, Monroe,
Morton, Neal, Newberry, Norcross, O'Neill, Osmer,
Overton, Pierce, Pound, Prescott, Price, Reed, W. W.
Rice, D. P. Richardson, G. D. Robinson, W. A. Russell,
T. Ryan, Sapp, Shallenberger, Sherwin, A. H. Smith,
Starin, Thomas, A. Townsend, Tyler, J. T. Updegraff
T. Updegraff, Urner, Valentine, Van Aernam, J. Van
Voorhis, Voorhis, Wait, Ward, Washburn, H. White,
Wilber,. O. G. Williams, Willits, W. A. Wood, T. L.
Young-120.

The Senate Vote.

"This bill recognizes the authority and duty of the United States to appoint supervisors to guard and scrutinize the Congressional elections, but it denies to the Government of the United States all power to make its supervision effectual. The great body of the people of all parties want free and fair elections. They do not think that a free election means freedom from the wholesome restraints of law, or that the place of election should be a sanctuary for lawlessness and crime. On the day of an election peace and good order are more necessary than on any other day of the year. On that day the humblest and feeblest citizens, the aged and the infirm, should be, and should have reason to feel that they are, safe in the exercise of their most responsible duty and their most sacred right as members of society--their duty and their right to vote. The Constitutional authority to regulate the Congressional elections, which belongs to the Government of the United States, and which it is necessary to exert to secure the right to vote to every citizen possessing the requisite qualifications, ought to be enforced by appropriate legislation. So far from public opinion in any part of the country favoring any relaxation of the authority of the Government in the protection of elections from violence and corruption, I believe it demands greater vigor both in the enactment and in the execution of the laws framed for that purpose. Any oppression, any partisan partiality, which experience may have shown in the working of existing laws, may well engage the careful attention both of Congress and of the Executive, in their respective spheres of duty, for the correction of these mischiefs. As no Congressional electic ns occur until after the regular session of Congress will have been held, there seems to be no public exigency that would preclude a seasonable consideration at that session of any administrative details that might improve the present methods designed for the protection of all citizens in the complete and equal exercise of the right and power of the suffrage at such elections. But with my views, both of the Constitu- The House Vote to pass the bill over the tionality and of the value of the existing laws, I cannot approve any measure for their repeal, except in connection with the enactment of other legislation which may reasonably be expected to afford wiser and more efficient safeguards for free and honest Congressional elections. "RUTHERFORD B HAYES.

May 13, the bill passed the Senate by the following vote:

"EXECUTIVE MANSION, May 20, 1879."

The first House vote on passage of the bill.
The bill above referred to passed the House,
April 26, 1879, by the following vote:

YEAS-Messrs. Acklen, Aiken, Armfield, Atherton,
Atkins, Bachman, R. L. T. Beale, Beltzhoover, Bicknell,
Blackburne, Bliss, Bragg, Bright, Buckner, Cabell, J. W.
Caldwell, Carlisle, Chalmers, Clardy A. A. Clarke, J. B.
Clark, Jr., Clymer, Cobb, Coffroth, Colerick, Converse,
Cook, Covert, Cravens, Culberson, Davidson, J. J. Davis,
L. H. Davis, DE LA MATYR, Deuster, Dibrell, Dickey,
Dunn, Elam, Ellis, J. H. Ewins, Ewing, Felton, E. B.
Finley, Forney, Frost, Geddes, Gibson, GILLETTE, Goode,.
Gunter, N. J. Hammond, J. T. Harris, Hatch, Henkle,
Henry, Herbert, Herndon, Hill, Hostetler, House, Hull,
Hunon, Hurd, Johnstone, G. W. JONES, Kenna, Kimmel,
King, Kitchin, Klotz, Knott, Le Fevre, Levis, Lounsbery,
Lowe, Manning, B. F. Martin, E. L. Martin, McKenzie,
McLane, McMillin, Mills, Money, Morrison, Muldrow,
Muller, MURCH, Myers, New, Nicholls, O'Connor, Q'Reilly,
Persons, Phelps, Phister, Poehler, Reagan, J. S. Richard
son, Richmond, E. W. Robertson, Ross, Rothwell, J. W.
Ryon, Samford, Sawyer, Scales, Shelley, Simonton, J. W.
Singleton, O. R. Singleton, Slemons, B. Smith, W. E.
Smath, Sparks, Speer, Springer, Steele, Stephens, STEVEN-
SON, Talbott, P. B. Thompson, Jr., Tillman, R. W. Towns
hend, Tucker, O. Turner, T. Turner, Vance, Waddill, A.
J. Warner, WEAVER, Wellborn, Whiteaker, Whitthorne, T.
Williams, A. S. Willis, Wise, F. Wood, WRIGHT, YOCUM,
C. Young-141.

NAYS Messrs. N. W. Aldrich, W. Aldrich, Anderson, Bailey, J. H. Baker, Barber, BARLOW, Bayne, Belford, Bingham, Blake, Bowman, Boyd, Brewer, Briggs, Brigham, Browne, Burrows, Butterworth, Calkins, Camp, Cannon, Carpenter, Caswell, Chittenden, Claflin, R. Clark, Conger, Cowgill, Crapo, Daggett, G. R. Davis,

YEAS-Messrs. Bailey, Bayard, Beck, Call, Cockrell, Coke, Davis, of West Virginia, Eaton, Garland, Gordon, Groome, Grover, Hampton, Harris, Hereford, Houston, Johnston, Jonas, Jones of Florida, Kernan. Lamar, MoDonald, McPherson, Maxey, Morgan, Randolph, Ransom, Saulsbury, Slater, Thurman, Vance, Voorhees, Walker, Wallis, Whyte, Williams, Withers-37.

NAYS-Messrs. Allison, Anthony, Bell, Blaine, Booth, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, Chandler, Conkling, Edmunds, Ferry, Hill of Colorado, Hoar, Ingalls, Kellogg, Kirkwood, Logan, McMillan, Morrill, Paddock, Platt, Rollins, Saunders, Teller, Windom-27.

Veto.

May 29, the bill failed, on a motion in the, House to pass it, notwithstanding the Pres ident's objections, by the following (less than two-thirds) vote:

YEAS-Messrs. Acklen, Aiken, Atherton, Atkins, Bach} man, R. L. T. Beale, Beltzhoover, Bicknell, Blackburn. Bliss, Blount, Bright, Cabell, J. W. Caldwell, Carlisle, Chalmers, Clardy, J. B. Clark, Jr., Clymer, Cobb, Coff roth, Colerick, Converse, Cook, Covert, S. S: Cox, Cravens, Culberson, Davidson, J. J. Davis, L. H. Davis, Dibrell Dickey, Elam, Ellis, J. H. Evins, Ewing, Felton, E. B. Finley, Forney, Frost, Geddes, Gibson, Goode, Gunter, N. J. Hammond, J. T. Harris, Hatch, Henkle, Henry, Herbert, Herndon, House, Hunton, Johnston, Kenna, Kimmel, King, Klotz, LADD, Le Fevre, Lewis, Manning, B.F.Martin, E. L. Martin, McKenzie, McLane, McMahon, McMillin, Mills, Morrison, New, Nicholls, O'Connor, Persons, Phelps, Phister, Poehler, Reagan, J. S. Richardson, Richmond, E. W. Robertson, Ross, J. W. Ryon, Samford, Sawyer, Scales, Simonton, O. R. Singleton, Slemons, W. E. Smith, Speer Springer, Steele, Stephens, STEVENSON, Talbott, Taylor, P. B Thompson, Jr., Tillman, R. W. Townshend, O. Turner, T. Turner, Vance, Waddill, Wellborn, Whiteaker, Whitthorne, T. Williams, A. S. Willis, Wilson, Wise, WRIGHT, C. Young-114.

NAYS-Messrs. N. W. Aldrich, 'Anderson, J. H. Baker, Barber, BARLOW, Bayne, Belford, Bingham, Blake, Bowman, Boyd, Brewer, Briggs, Brigham, Browne, Burrows, Calkins, Cannon, Carpenter, Caswell, Conger, Crapo, Daggett, G. R. Davis, Deering, Dunnell, Errett, Farr, Ferdon, Fisher, FORD, Fort, Frye, Godshalk, Hall, J. Hammond, Harmer, B. W. Harris, Haskell, Hawk, Hawley, Hayes, Hazelton, Heilman, Henderson, His Lindsey, Marsh, McCoid, McGowan, Miller, Mitchell, cock, Horr, Houk, Hubbell, Humphrey, Joyce, Ketcham, Monroe, Neal, Newberry, Norcross, O'Neill, Orth, Osmer, Overton, Pound, Prescott, Price, W. W. Rice, D. P. Richardson, G. D. Robinson, W. A. Russell, T. Ryan, Sapp, Shallenberger, Sherwin, A. H. Smith, Starin, J, W. Stone, Thomas, Tyler, T. Updegraff, Urner, Valentine, Van Aernam, Voorhis, J. Van Voorhis, Wait, Ward, Wilber, C. G. Williams, Willits 93.

PART V.

Veto of the Judicial Expenses Bill -U.S. Marshals and Deputies at elections-Votes on passage of bill in House and Senate, and in House to override the President's Veto.

Following is the President's veto :

"To the House of Representatives:

"After a careful examination of the bill, entitled 'An act making appropriations for certain judicial expenses, I return it herewith to the House of Representatives, in which it originated, with the following objections to its approval:

attention.

The general purpose of the bill is to provide for certain judicial expenses of the Government for the fiscal year ending June 30, 1880, for which the sum of $2,690,000 is appropriated. These appropriations are required to keep in operation the general functions of the judicial department of the Government, and if this part of the bill stood alone there would be no objection to its approval. It contains, however, other provisions, to which I desire respectfully to ask your "At the present session of Congress a majority of both Houses favoring a repeal of the congressional election laws embraced in title 26 of the Revised Statues, passed a measure for that purpose, as part of a bill, entitled "An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1880, and for other purposes." Unable to concur with Congress in that measure, on the 29th of May last, I returned the bill to the House of Representatives, in which it, originated, without my approval, for that further consideration for which the Constitution provides. On reconsideration the bill was approved by less than two-thirds of the House, and failed to become a law. The election laws, therefore, remain valid enactments, and the supreme law of the land, binding not only upon all private citizens, but also alike and equally binding upon all who are charged with the duties and responsibilities of the legislative, the executive, and the judicial departments of the Government.

"It is not sought by the bill before me to repeal the election laws. Its object is to defeat their enforcement. The last clause of the first section is as follows: "And no part of the money hereby appropriated is appropiated to pay any salaries, compensation, fees, or expenses under or in virtue of title 26 of the Revised Statutes, or of any provision of said title.'

"Title 26 of the Revised Statutes, referred to in the foregoing clause, relates to the elective franchise, and contains the laws now in force regulating the congres

sional elections.

"The second section of the bill reaches much further. It is as follows:

SEC. 2. That the sums appropriated in this act for the persons and public service embraced in its provisions are in full for such persons and public service for the fiscal year ending June 30, 1880, 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 26 of the Revised Statutes of the United States authorizing the appointment or payment of general or special deputy marshals for service in connection with elections or on election day, until an appropriation sufficient to meet such contract or pay such liability shall have first been made by law. "This section of the bill is intended to make an extensive and essential change in the existing laws. The following are the provisions of the statutes on the same subject which are now in force:

"SEC. 3679. No department of the Government shall expend, in any one fiscal year, any sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract for the future payment of money in excess of such appropriations.

"SEC. 3732. No contract or purchase on behalf of the United States shall be made unless the same is

authorized by law or is under an appropriation adequate to its fulfillment, except in the War and Navy departments, for clothing, subsistence, forage, fuel. quarters, or transportation, which, however, shall not exceed the necessities of the current year.'

"The object of these sections of the Revised Statutes is plain. It is, first, to prevent any money from being for; and, second, to prevent the Government from expended unless appropriations have been made therebeing bound by any contract not previously authorized by law, except for certain necessary purposes in the War and Navy departments

"Under the existing laws the failure of Congress to make the appropriations required for the execution of the provisions of the election laws wou d not prevent their enforcement. The right and duty to appoint the general and special deputy marshals which they proment of the Government would also be empowered to vide for would still remain, and the executive depar incur the requisite liability for their compensation. But the second section of this bill contains a prohibition not found in any previous legislation. Its design is to render the election laws inoperative and a dead letter during the next fiscal year. It is sought to accomplish this by omitting to appropriate money for their enforcement and by expressly prohibiting any department or under any of the provisions of title 26 of the Revised officer of the Government from incurring any liability Statutes au horizing the appointment or payment of general or special deputy marshals for service on election days, until an appropriation sufficient to pay such liability shall have first been made.

"The President is called upon to give his affirmative approval to positive enactments which in effect deprive him of the ordinary and necessary means of executing laws still left in the statute book, and embraced within his constitutional duty to see that the laws are executed. If he approves the bill and thus gives to such positive enactments the authority of law, he participates in the curtailment of his means of seeing that the law is faithfully executed, while the obligation of the law and of his constitutional duty remains unim. paired.

"The appointment of special deputy marshals is not made by the statute a spontaneous act of authority on the part of any executive or judicial officer of the Government, but is accorded as a popular right of the citizens to call into operation this agency for securing the purity and freedom of elections in any city or town having twenty thousand inhabitants or upward. Section 2021 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 district the appointment of these special deputy marshals. Thereupon the duty of the marshal becomes imperative, and its non-performance would expose him to judicial mandate or punishment, or to removal from office by the President, as the cir cumstances of his conduct might require. The bill now before me neither revokes this popular right of the citizens nor relieves the marshal of the duty imposed by law, nor the President of his duty to see that this law is faithfully executed.

"I forbear to enter again upon any general discussion of the wisdom and necessity of the election laws or of the dangerous and unconstitutional principle of this bill, that the power vested in Congress to originate appropriations, involves the right to compel the Executive to approve any legislation which Congress may see fit to attach to such bills, under the penalty of refus ing the means needed to carry on essential functions of the Government. My views on these subjects have been sufficiently presented in the special messages sent by, me to the House of Representatives during their present session. What was said in those messages I regard as conclusive as to my duty in respect to the bill before me. The arguments urged in those communications against the repeal of the election laws and against the right of Congress to deprive the Execu tive of that which the Constitution confers and requires are equally cogent in opposition to this bill. This measure leaves the powers and duties of the supervisors of election untouched. The compensation of those officers is provided for under permanent laws, and no liability for which an appropriation is now required would therefore be incurred by their appointment. But the power of the National Government to protect them in the discharge of their duty at the polls would be taken away. The States may employ both civil and military power at the elections, but by this bill