A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
History
A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
Hayes, Rutherford Birchard, 1822-1893; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
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 refusing 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 Executive of that separate and
independent discretion and judgment 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 elections
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 even
the civil authority to protect Congressional elections is denied to
the United States. The object is to prevent any adequate control
by the United States over the 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 a majority of
both Houses of Congress 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 a competent tribunal
against their validity. The effect of this bill is to deprive the
executive department 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 of every other
department of Government to obey and to enforce.
I have in my former message on this subject expressed a willingness
to concur in suitable amendments for the improvement of the election
laws; but I can not consent to their absolute and entire repeal, and I
can not approve legislation which seeks to prevent their enforcement.
RUTHERFORD B. HAYES.
EXECUTIVE MANSION, _June 27, 1879_.
_To the Senate of the United States_:
I return without approval Senate bill No. 595,[28] with the following
objection to its becoming a law:
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