s 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 20,000
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 nonperformance would expose him to judicial mandate or punishment
or to removal from office by the President, as the circumstances 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 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 Congression
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