CONGRESS, UNITED STATES. 



153 



of the marshals of the United States, including their 

 reimbursement for necessary expenditures in tne dis- 

 charge of their official duties. K. B. HAYES. 

 EXECUTIVE MANSION, February 24, 1880. 



The Speaker: "The communication will be 

 referred to the Committee on Appropriations." 



Mr. White : " And printed." 



Mr. Conger : " Let the accompanying paper 

 be read." 



The Clerk read as follows : 



DEPARTMENT OF JUSTICE, ; 

 WASHINGTON, February 20, 1880. \ 



SIR : I desire respectfully to call your attention to 

 the subject of the appropriation ibr the current fiscal 

 year for the fees and expenditures of the marshals of 

 the United States in the performance of the duties of 

 their offices. 



The last Congress, and the present Congress at its 

 first session, adjourned without making any appropri- 

 ation for these officers. In my annual report 1 have 

 fully stated to _the Senate and House of .Representa- 

 tives the condition in which they were left by this 

 failure. Since the 1st of July last they have carried 

 on/their offices without any appropriation, and have 

 not only been without compensation for themselves 

 and their deputies, but have advanced the sums neces- 

 sary to be expended in order that the process of the 

 United States might not fail, having fulfilled substan- 

 tially all their official duties. I urn informed from 

 many of them that they have now reached the limit 

 of their capacity thus to conduct their offices, and a 

 failure by them in the administration of their offices 

 is necessarily a failure to execute the laws of the United 

 States, which in such case would occur by reason ot 

 the want of suitable appropriations. 1 need not enu- 

 merate the vast number of cases in which such failure 

 would be attended with grave > results, disastrous in 

 some cases to individuals and in others to the public 

 justice of the United States. Nearly eight months ot 

 the current fiscal year have now elapsed. I feel that 

 these officers are entitled to great credit for the ex- 

 ertions they have heretofore made. I have no doubt 

 they will continue to do their best ; but, in view ot 

 the heavy pressure upon them, I trust that Congress 

 will, as soon as possible, show them that the confi- 

 dence they have ielt that the appropriation would be 

 made for their legitimate fees and expenditures has not 

 been misplaced. 



As the head of the Department of Justice, I have 

 felt it my duty to inform you of the condition in which 

 these officers now find themselves, and the consequent 

 effects to be anticipated in the administration of public 

 justice, in order that you may, should you deem it 

 proper, communicate with Congress upon the subject, 

 and urge upon that body, with as much earnestness 

 as it may properly be done, a prompt disposition oi 

 this matter. 



Very respectfully, your obedient servent, 



'CHAKLES DEVENS, Attorney-General. 



To the PRESIDENT. 



In the House, on March 12th, the Appropri 

 ation Bill was considered. 



Mr. McMahon, of Ohio, said: "Mr. Chair- 

 man, members will have observed from the 

 reading of the bill that the appropriations it 

 contains are for the current fiscal year only 

 that this bill is not the general bill which usu- 

 ally comes in at the close of a session to clear 

 up all deficiencies for the past and present fis- 

 cal years. 



" In this bill the appropriation for the mar- 

 shals is modified in its language, and differs 

 slightly from the bill as originally presented to 

 the House. The clause in the present bill reads 

 as follows : 



"For the payment of the fees and expenses of 

 United States marshals and their general deputies 

 earned during the fiscal year ending June 30, 1880, 

 $600,000. 



" Gentlemen will observe the language 

 'general deputies.' The bill contains no- 

 where any appropriation for special deputy- 

 marshals. I call attention to this fact for the 

 benefit of gentlemen on both sides of the 

 House. The Committee on Appropriations 

 thought it advisable to appropriate money for 

 the general purposes of the courts and the prose- 

 cution of crimes only. We do not in this bill 

 appropriate any money for special deputy-mar- 

 shals; and I doubt whether the Democratic 

 party ever will appropriate any money for 

 such special deputies so long as the law stands 

 in its present shape. It will be observed that 

 the committee has confined itself to appropri- 

 ation merely, and has ingrafted no legislation 

 or words of exclusion. It has, however, failed 

 or refused to appropriate any sum for special 

 deputies. 



" Special deputy-marshals are appointed only 

 for Congressional elections and only upon the 

 occasion of such elections. They are creatures 

 unknown to the law except when appointed 

 for an election for Representatives about to 

 take place. The last Congress adjourned with- 

 out making any appropriation for special dep- 

 uty-marshals ; indeed, it adjourned without 

 making appropriation for any of the fees of 

 marshals, because of a disagreement between 

 the different departments of the Government. 

 Of course the marshals and their general depu- 

 ties attended to the business of the country 

 without the appropriation, because the mar- 

 shals of the United States and their general 

 deputies do not derive their chief compensation 

 out of the $600,000 which we appropriate to 

 them in this bill. They are paid out of fees in 

 admiralty cases and the other civil suits in 

 which the United States Government is not a 

 party. The United States marshals, therefore, 

 continued to perform their duties, serving writs, 

 warrants for private individuals, and for the 

 Government of the United States ; looking to 

 Congress to reimburse them for the expenses 

 which they might incur in serving writs, etc., 

 for the United States Government. This was 

 an ordinary, legitimate service, which was 

 never in dispute. And every one is ready to 

 make this amount available for their use at as 

 early a day as possible. 



" But, Mr. Chairman, while it was proper 

 for the marshals of the United States to attend 

 to the general business of the country, being 

 already in office and having many duties to 

 perform, it was not proper for any officer of 

 this Government to appoint special deputy- 

 marshals when no appropriation had been made 

 for that specific purpose, and when, on the 

 contrary, all the appropriations for marshals 

 had failed because Congress was unwilling to 

 vote a dollar for special deputies, the President 

 insisting upon the absence of certain restrictive 



