CONGRESS, UNITED STATES. 



CONKLING, ROSOOE. 



made by tlie Btatuto a Bpontanoous act of authority 

 en tlio part of any executive or judicial officer of 

 . i niment, b'ut is accorded as a popular right 

 of the citizens to call into operation this agency lor 

 Mvnriiiir the purity and freedom of elections in any 

 ritv IT town having twentv thoOMOd inhabitants or 

 ui>\Viir.l. Si-etion ^"-Jl of Oa Hi-vised Statutes puts it 

 in tlio power of any two citizens >r such city or town 

 an of tin- manhal of tlie district the ppoint- 

 mciit of tlu-M- special deputy marshals. Thereupon 

 tlu- duty of the marshal becomes imperative, and its 

 non-performance would expose him to judicial man- 

 date or punishment, or to removal from otlice by the 

 nt. a- tin- circumstances of his conduct might 

 require. The bill now before me neither revokes this 

 popular right of the citizens nor relieves the marshal 

 of tlie 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 tlio power vested in Congress to originate 

 appropriations involves tlie right to compel the Exec- 

 utive to approve any legislation which Congress may 

 see fit to attach to such bills, under the penalty of re- 

 fusing the means needed to carry on essential func- 

 tions of the Government. My views on those subjects 

 have been sufficiently presented in the special mes- 

 sages 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 re- 

 spect to the bill before me. The arguments urged in 

 those communications against the repeal of the elec- 

 tion laws and against the right of Congress to deprive 

 the Executive of that separate and independent dis- 

 cretion 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 compen- 

 sation of those officers is provided for under perma- 

 nent laws, and no liability for which an appropria- 

 te ai is now required would therefore be incurrea 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 elec- 

 ti >ns, but by this bill even the civil authority to pro- 

 tect Congressional elections Is denied to the United 

 Suites. The object is to prevent any adequate control 

 by the United States over the national elections by 

 forbidding the payment of deputy marshals, the offi- 

 cers 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 de- 

 cision of a competent tribunal against their validity. 

 The effect of this bill is to depnve the executive de- 

 partment of the Government of the means to execute 

 laws which are not repealed, which have not been de- 

 clared invalid, and which it is, therefore, the duty of 

 tin; Executive and of every other department of Gov- 

 ernment to obey and to enforce. 



I have in my former message on this subject ex- 

 pressed a willingness to concur in suitable amend- 

 ments for the improvement of the election laws ; hut 

 I can not consent to their absolute and entire repeal, 

 and I can not approve legislation which seeks to pre- 

 vent their enforcement. 



RUTHERFORD B. HAYES. 



EXECUTIVE MANSION, June 28, 1879. 



The Speaker : " Tlie question before the 

 House is, Will the House on reconsideration 

 agree to pass the bill ? on which the Consti- 

 tution requires tlie yeas and nays shall be 

 taken ; and, in obedience thereto, the Clerk 

 will now c:ill tho roll." 



The question wan taken ; and it wag decided 

 in the negative yeas 102, nays 78, not voting 

 106. 



At this extra session of Congress there were 

 introduced in the Senate 7'27 bills and 46 joint 

 resolutions, of which 26 bills and 7 joint roso- 

 lutiuiis became laws. In the lions.- there 

 were introduced 2,395 bills and 111) joint 

 lutions, of which 36 bills and 17 joint resolu- 

 tions became laws. The following are of gen- 

 eral importance, in addition to those above 

 mentioned : 



A bill to prevent the introduction of contagious or 

 infections diseases into the United States. 



A bill to authorize the Secretary of the Treasury 

 to contract for the construction of a refrigerating ship 

 for the disinfection of vessels and cargoes. 



A joint resolution relating to the organization of the 

 National Board of Health. 



To provide for the appointment of a Mississippi 

 River Commission for the improvement of said river 

 from the head of tlie parses near its mouth to its 

 head-waters. 



To put salts of quinine and sulphate of quinine on 

 the free list. 



To provide for the exchange of subsidiary coins for 

 lawful money of the United States under certain cir- 

 cumstances, and to make such coins a legal tender in 

 all sums not exceeding ten dollars, and for other pur- 

 poses. 



In addition to the five bills originating in the House 

 which were disapproved by tlie President, there was 

 one bill originating in tho benate vetoed namely, the 

 bill to amend the act of March 8, 1879, for the relief 

 of Joseph B. Collins.' 



Both Houses adjourned on July 1st to the 

 regular session commencing in December. 



CONKLING, ROSCOE, an American states- 

 man, born in Albany, New York, October 30, 

 1829. His father, Alfred Conkling, was a Rep- 

 resentative in the Seventeenth Congress, and 

 was appointed by John Quincy Adams Judge 

 of the United States for the Northern District 

 of New York in 1825, and Minister to Mexico 

 by President Fillmore in 1852. He was tlie 

 author of several valuable books on law. 



His son Roscoe received a common-school 

 and academic education. Removing to Au- 

 burn and Geneva with his father, he studied 

 l;i\v three years under his 'tuition. In 1846 he 

 entered the law-office of Spencer and Kernan 

 in Utioa, the latter of whom is now his col- 

 league in the Senate. In 1849 he was appoint- 

 ed by Hamilton Fish District Attorney for 

 Oneida County, several mouths before he at- 

 tained his majority. On the day he was twen- 

 ty-one he was admitted to the bar, at which 

 he had :ilre:idy acquired considerable reputa- 

 tion. During the next decade he disclosed 

 rare managing qualities, and was looked to as 

 a leader in local politics. In law be ranked 

 with tho first of the profession as an advocate. 

 The triumphs which he achieved at the bar, 

 and which were his passport to public prefer- 

 ment, were gained before he reached the age 

 of twenty-nine. In later years he has accept^! 

 only a few cases, but in these his success has 

 been markod. Ho married Julia Seymour, a 

 sister of ex-Governor Horatio Seymour. 



