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
The bill contains, however, other provisions 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. The provisions referred to are 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 mentioned in section 1 of this act
until an appropriation sufficient to meet such contract or pay
such liability shall have first been made by law.
Upon a reconsideration in the House of Representatives of the bill
which contained these provisions it lacked a constitutional majority,
and therefore failed to become a law. In order to secure its
enactment, the same measure is again presented for my approval,
coupled in the bill before me with appropriations for the support of
marshals and their deputies during the next fiscal year. The object,
manifestly, is to place before the Executive this alternative: Either
to allow necessary functions of the public service to be crippled
or suspended for want of the appropriations required to keep them in
operation, or to approve legislation which in official communications
to Congress he has declared would be a violation 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 shall originate in the House of
Representatives" a bare majority of the House of Representatives has
the right to withhold appropriations for the support of the Government
unless the Executive consents to approve any legislation which may
be attached to appropriation bills. I respectfully refer to the
communications on this subject which I have sent to Congress during
its present session for a statement of the grounds of my conclusions,
and desire here merely to repeat that in my judgment to establish
the principle of this bill is to make a radical, dangerous, and
unconstitutional change in the character of our institutions.
RUTHERFORD B. HAYES.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
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