Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

E, B. MURKAY, Editor. THURSDAY HORNING, MAY 8, 1879. THE ABSY BILL VETO. Contrary to tbe belief of the more conservative portion of the country, Mr. Hayes has vetoed the Army Appropria tion bill, and thus laid down to the Dem ocratic majority in Congress the gauntlet for a fight between the legislative and the executive departments of the gov ernment upon the very issues which Congress bas invited. Thc veto mes sage hos very little either of reason or excuse in it, and is entirely inconsistent with the position which President Hayes occupied while a member of Congress. During that time he is said to have voted for the very laws which aro not' bought to be repealed as riders to ono of thc appropriation bills. It was, therefore, nil right to vote for the enactment of these laws as a part of au appropriation bill, 'mt it is now a despotic exercise of power to attempt to repeal them in thc same manner in which they wero enact ed. Then, it was for the interest of the Republican party that tho laws should bo passed, and now ii is for tho interest of the same party that they should not bo repealed ; and therefore Mr. Hayes, forgetful of his sacred responsibilities under the high oath of his office to faith fully and impartially administer the government, prefers to bo consistent to bis vic vu of party advantage rather than to adhere to the principles which be has sanctioned by his own votes on ropented occasions. Mr. Hayes admits that the practico of engrafting general legislation on appropriation bills is sanctioned by repeated practice for sixty years, and that it is not in conflict with tho consti tution. Then ho practically admits that Congress has tho right to pass billa in such form as it sees fit, and if so, then it is the President's duty to consider tho measures presented upon 'heir own merits. If the laws aro good, thon they should be approved, no matter in whnt form they are passed, and tho President hos no moro right to object to tho form of tho law which is constitutional and advantageous to the country than the Governor of this State would have to veto an act of tho Legislature because tho sections did not come in tho order ho would have preferred. Mr. Hayes does not like tho practico of engrafting gene ral legislation upon appropriation bills, but it is not contrary to law nor to pre cedent, and his Excellency, by his voto on this ground, rh-es to censuro tho exec utives and the legislatures for tho past sixty years, and at the same time places his unqualified condemnation upon his own political career in Congress. Nor ie bis second ground of veto any more ably sustained. He admits that already tho posse comitatus' claueo of an appropriation bill, which he himself approved two y?nrs ago, prevents the use of the army at the polls, and heneo a mere repetition of an existing law is no sufficient cause for vetoing an appropri ation bill. If the original lev is in force, repeating H eau do no possible harm. What the President says about protecting federal elections in all very well, if the States are to bo considered as colonies, to bo ruled and coerced into a proper discharge of their duty by the administraticn ; but if this is a free gov ernment of equal States, then the as sumption that the State laws will not preter* State and federal elections alike, is one step in the direction of monarchial .power, for if the right to protect (?) federal elections ia given to the adminis tration, the exercise of discretion as to what is protection, and wkerc it is neces sary, are concomitants of that power which make ii dangerous in the extreme If protection is necessary, then the law has provided how the Go<ernor or the Legislature of any State may properly obtain that protection. Tho law, os framed to meet this end by the statesmen of America in the better days of the Republic, when the interest of tho whole country rose high above party advan tages, was wise and ample. It admitted ths integrity of the States, and did not place them under the surveillance of the national executive, who is liable to all of the bios and prejudice incident to self-interest or party acrimony. If it is admitted that the President is the auto crat of tho Republic, with supreme porer to coerce the States and compel them to execute their laws aa he ece.j proper for them to be executed, then Mr. Hayes la right about the propriety of tho national executive bavin'*' nnivnr- ond authority to protect (?) the right to vote in federal electlnns. The prewnt laws, however, were passed as var measures, and were never Intended to sanction such a doctrine. Their usa was intend ed for the Southern States as a penalty for secession, and a guaranty of tho en forcement of tho. constitutional amend ments. They have sine? been used by designing and ambitious administra tions to thwart the will of tho people, and under tho plea of protection (?) to overthrow free elections and control the b?.llot-box. Any laws which tond to w?ivciiiraie power in the hands of one man, are destructive of republican gov ernment, and Mr. Hayes* veto is as weak in its comments upon the expediency of the proposed legislation as it is presumo* tuoua and inconsistent on the other The message, however, . shows some things which are well worthy of the calm consid?ration of the whole people, whoso righto it h?*. gpon the merest pre tences, set at defiance. First, and of most importance, it shows that President Hayes is a thorough partisan, and os such is under tho control of a party which is utterly unscrupulous in ito greed for power.1 It will condemn to day, if its necessities require, what it advocated yesterday to promote ito own Interests. Tho message .next shows that the Republicans are bold arid recklots in their determination to retain power, and are prepared to gp any. lengths that may be necessary to achieve thai r ends. They cry revolution at the D?mocrate for at tempting ta undo what' they themselves have.repeatedly done, and ?b the identi cal, way, Thoj charge despotism upou Congrces for pacing a bill which bas; twice received a majority1 io the Mouse of Representatives and once in the Senate, and yet the President, with an exercise of unprecedented power, vetoes this bill, thereby rendering the despotism that of one man instead of that of Con gress. It makes this assumption of power on tho part o? Mr. H?yea tho more appalling to compare it with Mic past history of legislation in this coun try. His is the first vet) of a regular appropriation bill since thc foundation of the government, end is also the first veto of a bill repealing an existing law. All previous Presidents havo held that where a majority of the American peo ple, by their representatives in Congress, desired to repeal any law, that it was unbecoming them io object to such re I peal. Not so with Mr. Hayes. Ho i cam i into office in defiance of a majori ty of tho American peoplo, and ia ever willing to show his gratitudo to thc usurping minority who placed him there by continuing the defk '.ce of thc popu lar will. Taken altogether tho message shows an utter disregard for precedents, n firmly settled purpose of usurpation, an intensely partisan spirit and au aston ishing lack of argument. THE DEMOCRATIC CRISIS. Tho Republican party lias for tho psst six years been playing the bully with the Democrats, who hpve not had the discre tion to avoid issues with them nor thc nerve to mest them when presented. Tho members of thc Democratic party have always been apologizing for its po sitions and cringing to know what the country will think of them, instead of doing what their judgment tells them is right, and then defending it bo'bre the country. They have not sought by a firm und resoluto course to lead public opinion, but have tried to follow it, nnd in the endenvor hnve failed, because td have followed it would have required them to bicorne Republicans in many of tho Stutts. Tho Democratic party appears just like a huge army, capable ol immense conquest, but unofliccrcd, net ing without concert, and t h ere lo re bc-inj repeatedly whipped by nn inferior bu skilfully officered enemy. It has mad? tho mistake of trying to get a party ou of power by conciliation, when nil histor has shown this to bo nu impossibility They have practically said to thc Rc publicans, if you will let us do so wc wil turn you out of the offices of the gov ernmcnt and take them oursolves, to whicl modest proposition the Republicans hav repeatedly replied by a howl of trcasor rebellion and revolution which has terri fied the timid Democrats, and cause them to immediately begin apologizin and begging tho country to forgive then It has really become painful to wittie, this stilt ? of things, and if is to bo hope that itu termination is at hand. Thc Rt publicans have bluffed us on finance, an when defeated by near half t\ milliu votes for tho Presidency, they had enc work to frighten thc Democracy out < taking thc prize which they had stumble upon. It was then plead that the Demi eratic party ought to bo conciliatory, ar that it would appeal to the country fi vindication against the fraud on tho ba lot, and tba. its moderation in nssertir its rights after BO great a victory won! secure for it in future an ovcrwhelmir triumph at the polls. If concession nr conservatism could hnve done nny got for the Democratic party or for the cou try, ther was tho time. What has bet the result? Let thc eic tiona held sin thnt eventful period toll. Wo have u gained a single State. Hence wc hiv not been benefited. This, however, not tho worst. We have lost heavily j our Congressional majority, and ha' lost tho States of New York, New Jerst and Connecticut, and therefore the polit of concession has as usual benefited on those to whom concessions have bet made. This is tho natural result of tl course pursued, for it is bound toimpre the independent voter that tho Dem erins aro acting simply from tho stnn point of party advantage, and aro n fighting for grent national principie which should not be compromised on tl mere grounds of expediency. Tho application of these remnrka evident. Another crisis is upon tl Democratic party, and brought on, tc by its own delib?ralo and prcsistc course. Wo believe its actiou up to tl time has been wiso und advantageous, it hus tho spirit ? nd resolution to pr? its policy to the end, but if it bas be simply a feeler and nt the hld of t President, otter whoso inauguration t party has already backed down, there to be another stampede or another Burrc der, tV?n tho whole, cuuiest has been a ridiculous and cgregrious blund which it will bs extremely difficult, if it pcrotblc ot all, to retrieve beforo t next Presidential election. If we are continuo forovcr yielding and reccdi from the policy we declare our Intcnti to act upon, our party will como it contempt before tbe people, and on t vory threshold of triumph it will vani from the political powers of tho count Voters do not like a weak, vascillati and cowardly political party any tnt than individuals do a cravon mi They do not like to givo their euffrn{ to a party which is cither unablo or i willing to ht.vo thom counted when ct We havo already been so unfortunate to display the inability in the Presid? tial contest, and it is therefore higl important that no further temporixati or vacillation shall bo indulged. 1 country expects Congress to stand to I position it bas assumed, and if it did i intend to do so it should never bave 1 gun this awkward business. We c make nothing by concession. By pur ing tue policy begun we can trium) The road backwards leads to de fe while that in front leads to victory, n we should move ou along tho whole W II Secretary Sherman is in consultati with' his friends as to the propriety becoming the Republican candidate Governor of Ohio this fall, with a vi of running for the Presidency next ye Mr. Hayes secured promotion in t Way, and his Secretary cf the Treast seems willing to follow in his footsie The ability ii the Republicans to el their candidate for Governor is, howei an Important consideration, which is doubt the ground of the consult?t! The Honorable John had better not r fer if ht decs thers b a -strosg p?obw! tty of being defeated, and that >? r..t < io his presidential aspirations. Tho Democratic party i? committed upon tlie army appropriation bill, and should not now back down from tbe position it bas taken. The contingencies ought to have been estimated before the policy was adopted, and no retreat should now be sounded ?imply because the enemy appears in linc of battle. It would be puerile in thc extreme to have forced an extra session, ami spent weeks over the arm) appropriation bill, if it was intended lo let the measure rest simply on thc President's approval. The party cannot consistently recede now without stultifying itself. I!" IJ THE VETO. Th? I'ri ? Idi?nfl. Itt'unonn for Opponlng the Anny Appropriation Mill. The following is the Message of the President of the United .States returning to thc House o' Representatives the bill entitled "An Act milking appropriations for the support of the army for tue fiscal year ending June 30, issn, and for other purposes." To Hie House of Representative* : I have maturely considered the impor tant questions pi cseu ted by thc bill en titled "An Act making appropriations for the support of the army for the fiscal year ending June 30, 1880, and for other purposes," und I now return it to thc House of Representatives, in which it originated, with mv objections to its ap proval. Thc bill provides in the usual form for the appropriation? ..(.quired for th'j sup port of the army during the next fiscal year, if it contained no other provisions it world receive my prompt approval. It includes, however, further legislation, wine.i, attache? as it is to appropriations which ure requisite for thc efficient per fil manee of some of the most necessary duties ol'thc government, involved ques tions of the greatest character. TUB LAW AH IT STAN UH. Thc sixth section of thc bill is amen datory of the statute now in force in re gard to the authority of persons in the civil, military and naval service of thc United States, "at tho place where any general or special election is held in any State." This statute wo? adopted Keb mary 25, 1H()5, after a protracted debate in the Senate and almost without oppo sition in the House of Representatives by tho concurrent voten ol' both of tin leading political parties of thu country and became a luw by the approval o President Lincoln. It was re-enacted ii 1874 in tho Revised Statutes of the Uni ted States-sections 2,002 and 5,528 which are as follows: SECTION 2,002.-No military or nava officer, or other person engaged in tin civil, military or naval service of th United States, shall order, bring, ketj or have under his authority or contre any troops or armed men at the pluc where any general or special election i held in any State, unless it bc necessar to repel tho armed enemies of the Unite States or to kee ti the peace at the pol h SEC. 5,528. -Every officer of thc arin or navy, or other person in the civil, mi itary or naval service of the Unite States, who order*, brings, keeps or lu under his authority or control any trooi or armed men at any pince where a get eral or special election is held in an State, u . ess such force bc necessary t repu armed enemies of thc United State or to keep the peace at the polls,shall I fined not more than $5,000 and suffer in prisonineut at hard labor not less thu three months nor more than five years. EFFECT OE THE AMENDMENT. Thc amendment proposed in this sta ute in thu bill before me omits from bot of the foregoing sections the words "< to keep thc peuce at the polls." TL effect of thc adoption of this amendmei may be considered ??r*t-Upon tho right of tho Unite States government to usc military fon to keep the peace at thu elections fi members of Congress ; and Second-Upon the right of the govert ment hy civil authority to protect thei elections from violence and fraud. In addition to the sections of the stn ute above quoted, tho following provi ?c ns of law relating to the use of the mi itu ry power at the elections ure now force: SEC. 2,003.-NO officer of tho army i navy of the United States shall prescrit or fix or attempt to prescribe or fix, I proclamation, order ur otherwise, tl qualifications of voter? in any State, i in any manner interfere with tho freedn of any election in any State or with tl exercise of the free right of suffrage any State. SEU. 5,520.-Every officer or other pe son in thu military or naval servico wi by force, threat, {intimidation, order, a vice or otherwise prever?a or attempt? fircvent any qualified voter of any Sta rom freely exercising the right of st frage at any general or special election such State shall be lined not moro tht $5,000 and imprisonment nt hard lal: not more than live years. SEC. 5,530.-Every officer of tho ari: or navy who prescribes or fixes, or i tempts to prescribe or fix, whether proclamation, order or otherwise, t qualification of voters at any election any State shall be punished as provid in the preceding section. SEC. ?,581.-Every olliccr or other pi son in the military or naval service w by force, threat, intimidation, order otherwise compels or attempts to cum] any officer holding an election in a : State to rcceivo a vote from u person t legally qualified to vote, or who impo or attempts to impose any regulations conducting any general or special el lion in a State different from those p scribed by low, or who interferes iu u manner with any officer of an election the discharge of his duty, shall bo pi ?shed as prescribed in section 5,529. SEC. 5,532.-Every personconvicted any of Hiv offences specified in thc f prcceeling sections shall, in addition tho punishments therein severally p scribed, bo disqualified from holding a office of honor, profit or trust under l United States; out nothing in thoso s Hons shall bo construed to prevent e officer, soldier, sailor or marino from i crciaing 'he right of suffrage in any el timi district to which hu may belong, otherwise ounlifi??d according to thc li of thc State in which he offers to voto. THE FOSSE COMITAT?8. The foregoing enactments would se to bo sufficient to prevent military int ferenca with the elections ; hut tba I Congress, to remove all apprch matoo such interference, added to thin body law section fifteen of an act entitled " Act making appropriations for the si port of the army for the fiscal year e mg June 30, 1879, and for other p poses," approved June 18, 1878, whie! as follows : SEO. 15.-From and after the pasa of this act it shall not bo lawful to < ploy any part of the army of the Uni States aa a posse corni tat us or other? for tho purpose of executing the la except in such cases and u nier such i cumstances as such employment of a force may be expressly authorised by constitution or by act of Congress,-) no money appropriated by this act si be used to pay any of the expenses curred in tho employment of any tro in violation of this section, and any \ non wilfully violating the provision? thia section shall be deemed guilty c misdemeanor, and upon conviction tin of shall be punished by a fine not exe? ing $10,000 or imprisonment not exec inc two years, or both such fine and r.rfaonment. This act passed the Senate after consideration, without a single vote corded against it on its final passage, by a majority of moro than two-third was concurred in by the House of Re] sentatives. ???... * ? From this brief review of the subject it sufficiently appears that under existing 'laws mere cati be no military interfer ence with the elections. No case of such interference han in fact occurred Mince the passage of the act last referred to. No officer of tho United States has appeared under orders at any place of election in any Stile. No complaint even of the presence of United States iroojis has been mad'; in any quarter. It may, therefore, be confidently staled that there is no necessity for the enactment of section ? of the bili before me to prevent military interference at the elections. The laws already i force arc till that is required for thal fid. FEDERAL AUTHORITY AT ELECTIONS. Hut that part of section G of this bill which is significant and vitally important is the clause which, if adopted, will de prive the civil authorities of the United States of all power to keep the pence al Congressional elections. Tho Congres sional elections in ovary district in a very important sense are justly a matter of political interest and concern throughout tho whole country. Kach State and every political party is entitled to the share of power which is conferred by the legal and constitutional suffrage It is thc right of every citizen possessing thc qualifications prescribed by 1 . to cast one iinintimidated ballot and i . have his ballot honestly counted. So long as the exercise of tilla power and the enjoyment of this right are common and equal, practically as well as formally, submis sion to the suffrage will be accorded loy ally and cheerfully, anil departments of government will feed the ?rue vigor of the popular will thus expresse ' CONSTITUTION A Ii AUTHORIZATION. Two provisions of the constitution au thorize legislation by Congress for the regulation of the Congressional elections. Section 1 of article 1 of the constitution declares : The times, places and manner of hold ing elections for Senators and Represen tatives shall be prescribed in each State by the Legislature thereof, but the Con gress may, at any time, by law make or alter such regulations, except ns to thc places of choosing Senators. The fifteenth amendment to the con stitution is ns follows: SECTION 1.-The right of citizens ol the United States to vote shall not be denied or abridged by the United States or hy any State on account of race, cohn or previous condition of servitude. bEC. 2.-The Congress shall have powei to enforce this article by appropriate leg islation. The Supreme Court has held that this amendment invests thc citizens of ht United Slates with a new Constitution?! right which is within the protecting power of Congress. That right th? Court declares to bo exemption from dis crimination in tho exercise of the clec live franchise, on account of nice, colo or previous condition of servitude. Tin [lower of Congress io protect this righ ty appropriate l?gislation is express!; affirmed by thc Court. National legisla tion lo provide safeguards for free am honest elections is necessary, as experi euee has shown, not only to secure tin right to vote to the enfranchised race a the South, but also to prevent frauduien voling in tho lnrge cities of the North Congress has, therefore, exercised th power conferred by the constitution, am has enacted certain laws to prevent li" criminations on account of race, color o previous condition ol' servitude, and t punish fraud, violence and intimidatio at federal elections. BX 1ST!NO PROVISIONS OF LAW, Attention is called to the followin; sections of thc Revised Statutes of th United States, namely: Section 2,004, which guarantees al citizens the right to vote, without distinc tion on account of race, color or previnu condition of servitude. Sections 2,00.ri and 200G, which guaran tee to nil citizens equal opportunity without discrimination, to perform all th acts required by law as a prerequisite c qualification for voting. Section 2,022, which authorizes th United States Marshal and his deputic to keep thc penco and preserve order i federal elections. Section 2,024, which expressly attthoi ?zea the United States Marshal and h deputies to summon a posse comitatti whenever they, or any of them, ure foi cibly resisted in tho execution of thei duties under tho law and ar? prevente from executing their duties hy violenci Section 5,522, which provides for th punishment of thc crime of interferin with the supervisors of election and dej uty marshals in the discharge of thc duties at the elections of Repr?sentativ* in Congress, These ure some of the laws on this sui ject which it is tho duty of tho Kxeci tive Department of thc government I enforce. The intent and effect of thc sixth sc lion of this bill is to prohibit nil thc civ officers of the United States, under pei alty nf fine and imprisonment, from en ploying any adequate civil force for th purpose nt the place where their enforc ment is most necessary-namnly, nt tl place where the Congressional eleclioi are held. Among the mast valuable euacttnen to which I have referred are those whit protect the supervisors of federal elcctioi in the discharge of their duties nt tl polls. If the pending legislation shnu become tho law lhere is no power vesti in nny officer of the government to pr tect from violence thc officers of ll United States engaged tn the dischnrge their duties. Their rights and ?inti under the law will remain; but tho n tionnl government will be powerless enforce its own statutes. The Stat may employ both military and civil pow to keep tho peace and to enforce the In' ut Stute elections. It is now propos to deny to the United States even tl necessary civil authority to protect t national elections. No sufficient rcasi has been given for discrimination in f vor of the State and against the nation authority. PREMONITIONS OF ANOTHER VETO. If well founded objections exist agair tho present national election laws ? good citizens should unite in thi amendment. Tho laws providing t safeguards of tho nloctini?? should impartial, just and efficient. They shoul if possible, be so non-partisan and fair their operation thnt ihc minority (i party out or power) will have no jt ?grounds to complain. The present la' >ave, in practico, unquestionably co doced to the prevention of fraud and vi lenee at tho elections. In several of t States memb&N of tho different politic parties have applier for the safcguai which they furnish. It is the right ai duty of tho national government to en: ?nd enforce law; ?hieb will secure f; and fair Congressional elections. T Inws now in force should not be rcpe cd, except in connection with the ene. ment of measures which will better s complish that important end. Ikdievi that section 6 of the bill before me w weaken, if it does not altogether ta away, the power nf the national gnvci ment to protect the federal elections tho civil authorities, I nm forced to t conclusion that it ought not to recei my approval. RIDERS IS APPROPRIATION DILLS. This section is, however, not present to me as a separv'.e and independe measure, but is, ns has been stated, t teched to tho bill making the usual t nual appropriations for the support tho army. It makes a vital change the election laws of the country, which in no way connected with tho uie of t army. It prohibits, under heavy pen ties, any person engaged in the civil ? view of tue United States from bavi soy force at the place of any electi prepared to preservo order, to make i rents, to keep the pence, or in any manner to enforce the laws. This is altogether foreign to the purpose ot un anny appro priation hill. Th?* practice of tacking to appropriation hills measures bot perti nent to such bills did not prevail until more than forty years aller the adoption of the constitution. it lias he-come a common practice-all parties when in power have adopted it. Many abuses and great waste of public money have in this v/ay crept into appropriation bills. ] The public opinion ot the country is ! against it. The States which have re cently adopted constitutions have gener ally provided a remedy for the evil by enacting that no lav/ shall contain more than one subject, which shall be plainly expressed in its title. Thc constitution of more that) half of the States contain substantially this provision. The public welfare will be promoted in many ways by a return to tho carly practice of the government and to the true principle of legislation, which requires that every measure shall stand or fall according to its own merits. If ii were understood that to attach to an appropriation a measure irrelevant to the g?nerai object of the bill .vould imperil and probably prevent iu final passage r.nd Approval, a valuable reform in thc parliamentary practice of Congress would be accom plished. The best justification that has been oiler"!! for attaching irrelevant ri ders to appropriation bills is that it is done for convenience sake lo facilitate the pas sage of measures which are deemed ex pedient by ail the branches of govern ment which participate in legislation. It cannot be claimed that there is any such reason for attaching this amend ment ol'thc election laws to the Army Appropriation bill. The history of thc measure contradicts this assumption. A majority of the House of Representatives in the Inst Congress was in favor of sec tion li of this bill. It was known that it majority of the Senate was opposed to it, and that as a separate measure it could not be adopted. It was altai bed to the Army Appropriation bill to compel tin Senate to assent to it. It was plain!) a inounced to the Senate that the Arm] Appropriation bill would not be allowei to pass unless the proposed amendment! of thc election laws were adopted wit I it. Thc Senate refused to assent to tin bill on account of this irrelevant section Congress thereupon adjourned withou passing an appropriation bill for th army, and the present extra session ei the l-oriy-fifth Congress became necessa ry to furnish tho means to carry on th government. *.*??** THE ACTION* IN EXTRA SESSION. Upon the assembling of thia Congres; in pursuance of a emil for an extra set sion, which was made necessary by th failure of tho Forty-fifth Congress t make the needful appropriations for th support of the government, the qtiestio was presented whether the attempt mad in the last Congress to engraft by cor struction a new principle upon the con stitution should bu persisted in or no This Congress has ample opportunit and time to pass tho appropriation bill and also to enact any political measure which may be determined upon in sepi rate bills by the usual and orderly mell ods of proceeding. Hut the majority i both booses have d?C?!ied it wI?C ? adhere to tho principles asserted an maintained in the last Congress by th majority of the House of Represent! lives. That principle is that the Hom of Representatives has the sole right t originate bills for raising revenue ant therefore, bas the right to withhold ai propriatious upon which the existence < the government may depend, unless tli Senate and the Pieuident shall give the assent to any legislation which the Hom may see tit to uttach to appropriutio bills. To establish this principle is I make a radical, dangerous and uncoi stitutiona' change in the character of 01 institution'. The various de par tm en of the government and the army ac navy are established by the constitutic or by laws passed in pursuance theree Their duties are clearly defined and the support is carefully provided for by la' The money required for this purpose li been collected from the people, and now in the Treasury ready to be paid o as soon as the appropriation bills a passed. Whether appropriations a made or not the collection of taxes wi go on. The public money will accum luto in the Treasury. It was not the i tentioii of tho framers of the constit timi that auy ningle brunch of the gn cr?ment should have the power to di tate conditions upon which this treasu should bo applied to the purposes f which it was collected. Any such inte lion, if it had been entertained, wou have been plainly expressed in the cu stitution. That a minority of ?he Sent uow concurs in tho cTaim of the Hou adds to the gravity of the situation, li does not alter the question at issue. EFFECT OF THE NEW DOCTRINE. The new doctrine, if maintained, r? result in a consolidation of uncheck and tlespotic power in thc House of Ri rcaentattves. A bare majority of t House will become the governme The executive will no longer bc what t framers of the constitution intended equal aud independent branch of t government. It is clearly thc conati tional duty of the President to exerc his discretien and judgment upon all bi presented to him without constraint duress from any other branch of I government. To sny that a majority either, or both the houses of Congre may insist on the approval of a bill t der thc penalty 01 stopping all of I operations of the government for wi of the necessary supplies is to ?leny thc Executive that share of the legi? tivc power which is plainly conferred the second section ot the seventh arti of the constitution. It strikes from i constitution the qualified negative of i President. It is said that this should d ine because it is the peculiar funct of the House of Representatives to r re. eat tho will of the people. But single branch or department of thc g ernment has exclusive authority to sp< for the American people. The most thentic and solemn expression of tli will is contained in the coustitutior the United States. By that constitut they have ordained and establishcc government, whose powers are distri ted among co-ord'nate branches, whi as ?"..i tia ponai bit-, consistently witt harmonious co-operation, arc absolut independent of ench other. Tho pen of thc country are unwilling to see supremacy of the constitution repla by the omnipotence of any departm of the government. A BAD PRECEDENT. The enactment of this bill into a will establish a precedent, which \ tend to destroy tho equal independe of the several brunches of the govi mont. lu principles places not mei thc Senate and the executive, but judiciary also, under the coercive dil tion of the Houso. The House al will be the judge of what constitu?* grievance and also of tho means ; measure of redress. An act of Cong to protect r'?.ctions is now the gr ie va complainer of. But tho House may the same principio determine that other act of Congress, a treaty made the President, with the advice und c sent of the Senate, a nomination or pointaient to office, or that a decisim opinion of tho Supreme Court is a gr ance, and that tho measure of retire to withhold the appropriations requi for the support of the offending bro of thc government. OAN?EROU8 VIOLATION OF THE CON TUTION. Behoving that this bill is a dangci violation of the spirit mid meaning the constitution, I nm compelled te turn it to the House, in which it orig teil, without my approval. The quali negative with which the constitution vests thc President is a trust that involve? u <luty which I cannot decline to per form. With a firm and conscientious purpose to do what I can to preserve uni in paired the constitutional powers and equal in dependence, not merely ol the executive, but of every branch of the government which will bc imperilled by the adoption of the principle of tili? bil!, I desire earnestly to urge upon the House of Representatives a return to the wise and wholesome usage of the earlier days of the Republic which excluded from ap propriation bills all irrelevant legislr'?on. IJy this courst you will inaugurate an important reform in the method of Con gressional legislation. Your action will be in harmony with the fundamental principles o? the constitution and tho patriotic .entiment of nationality which is their firm support, and you will restore to the country that feeling of confidence mid security and repose which are so es sential to thc j>ro-perity of all of our fellow citizens. RUTHERFORD ll. HAYKH. TUE WAY TO MEE/ THE VETO. Our tieiuitors mid IC. ju ?'K.oitr.tl\< i Give Their Views. Corrt?jHindenc? Sen's mid Cuvier, WASHINGTON, April 29. Thinking our people would be interest ed to know the views of their representa- I ti ves in regard to the present state of affairs in Congress, I called last night upon the L?verai Senators and Represen tatives in the order in which they appear below, and obtained the following ex pressions of opinions. Only the sub st. ce of what was said in each instance is iven, as a full report would be too lo. g for publication : HENATOR BUTLER said, in subslnnce, that he thinks the re spective measures should now be sepa rated, and thc President tried at once with the so-called political "riders;" first with that one which is directed to repealing the section of the Revised Statutes authorizing the use of troops at the polls, and then with the others in succession. "He should have all the vetoing he wants." If the Republican members choose to filibuster they must bear the responsibility of an indefinite continuance of the session. No action whatever should be taken in regard to the appropriation bills until the Presi dent has acted upon thc political meas ures. He would be compelled to give his reasons for vetoing them, and this would put him on the defensive. When the American people see him opposing thc majority simply for party purposes, his course would be bound to recoil upon him. Tho issue with him, upon theso riders, should bc made as sharp and de cisive cs possiblo. If the Northern Dem ocrats can't whip the fight in such issues they certainly cannot upon any. Num bers o? tho Republican members have declared that even they are ready to vote for the passage of thc riders if they arc brought up in separate form. Senator Huller said in conclusion that this whole fight ought to have been conducted solely by the Northern Democrats for reasons easily understood. The Southern Dem ocrats have acted in good faith in all that thev have done in the matter, bu' it was not their fight. CONGRE8SM AN TI LI,M AN, who dropped in nt this point, added that, in his opinion, the best reason in the world why tim Democratic majority should not stund on their present line is thal the Republicans wish them to do so. Tho Southern people ought to have kept silent and lei them fight it out at the North; the r-hoe pinches them more than us, us nearly all of the cities having over 20,O0U population are in the North. Several of the Southern States have not one. "It is their funeral, not ours." * * * Hayes and his party have put themselves on record in favor of tho use of the army at the polls, and we could not have a better issue if we desired one, or had made it for the purpose. If Hayes were to yield he would take the wind out of our sails. Wc can yield gracefully ; pass the army appropriation bili and then say with truth and point: "We have done all we could to get rid of this tyranny and disgrace, aud have failed, and now, rather than show any factious spirit, or show the semblance of one, we will pass tho appropriation bill, and let tho people judgo between the two parties." This course would help the South sud strengthen thc Northern Democracy as well. CONGRESSMAN O'CONNOR said that he regards thc situation ns a very embarrassing one. I think, sa;d he, an error was committed nt the last ses sion (of the Forty-fifth Congress) in in sisting upon the repeal, by way of a rider upon the appropriation bills, of any more than the juror's test oath, and the providing a new mode for drawing jurors in the U. S. Courts. When I found that it was to be insisted upon that the Federal election laws providing for supervisors; nlong with the clause for the repeal of the test oath and the inhi bition cf tho use of the army ut thc polls, ; were to be repealed; I thought that it would result in the failure of the appro priation bills omi tho necessity for nu extra session. In the Democratic caucus i held upon the reassembling of Congress there was a strong disposition to intro duce these repealing measures separately aud submit them to the President for his approval as separate and independent enactments. But this course failed be cause it had been given out by the Re publicans that they were prepared to tuke issue with the Democracy at every step and tight them, point by point, upon nil these measures, whether introduced separately or aa riders upon the appro priation bills, and with this avowed pur pose on their part it was held by promi nent leaders of the Democracy who were familiar with the rules of tho House that there was no course left for them by which to e??ct the repeal of the obnox ious laws Rave by putting them on the appropriation bills as riders, for as inde pendent measures the Republicans, un der the rules of the House, could fili buster and stave oif a final voto indefi nitely. This resort of tho Democracy, which was thus seen to bc indispensable, has been artfully used by thc Republican party in raising the cry of "Revolution," charging ita initiation upon thc- Democ racy The impression, in tho bep'.- .. -g o? the debate, among a majority i dispas sionate and unpartisan persons, was that tho President would not yield to the clamors of bis party, and that, rather than tho appropriations to carry on the government should fail, he would sign the billa with tho repealing clauses an nexed, which clauses it was generally admitted were harmless and not of great importance. The character of the de bate which liss followed hos beru de signed by the Republicans to solidify partisun sentiment at the North, and thereby, if possible, build up a solid sec tional North for the purpose of party aggrandizement. The leading Republi can.* of the House announced in the course of the debato their willingness to vote for the repealing clauses of the army appropriation bill as independent meas ures, and it is well known that there has been no objrr don to tho repeal of tho jurors' test oath. To-day we have the veto message nf the President in which he disapproves of the army appropriation bill, not only for thc form and manner in which it bas been presented to him. but he disap proves of the repealing clause in sub stance. The legislativo appropriation bill, which is now before the Senate, when passed by that body will also bu vetoed for reasons going to its substance and not to the form and manner of its passage. These measures cannot be passed over the President's veto by thc requisite two-thirds vote, and the question nc- before us is, what course is tho wisest ami most statesmanlike for ns to pursue iei this exigency. Just having read the President'** mes sage I have not finally made up my mind as to the course I would suggest, or he ready to accept and rote for in the eau cus. My imprcHsiun is, however, thal there will not he found a majority of thc House to oppose extending thc appro priations hy joint resolution and giving lo thc country the opportunity of ex pressing itself, through the press and its public men, upon the issues involved. In the meantime, before any moller of said extension is made, I think the re pealing clause in the army bill should be passed separately and submitted to thc President for his approval. The repeal of the jurors' test oath, which is now annexed to the legislative appropriation bill, and the proposed modification of tho supervisors' law, should also be enacted in separate form am! submitted to him also. If these measure?, presented independently, should be vetoed by thc President, then the Democracy, which is the party of the Constitution, should take ita stand upon the Constitution and refuse to vote the taxes of the people unless their griev ances are redressed This is tho unques tioned right of Congress as it was held by the Coin mons of England for over two hundred vcars. Thc ultimnte result cunnot be told until the President has had tho opportunity of passing upon the repeal of these measures which thc rep resentatives of the peuple deem to be op pressive and obnoxious. The issue for the repeal of thu Federal election laws came Irmn the Northern wing of the Democratic party. They were more concerned in the repeal of these statutes thun wc of the South, for the history of the legislation by which they were enacted shows that they were designed to affect the elections in the Northern States, and principally in New York, Philadelphia, and other large cities of that section. The purpose of thc Republican party is manifestly, by threats and intimida tion, lo force the North into a solid sec tional attitude in order to regain thereby thc power which they-the Republicans -have lost by the past fourteen years of corruption. In 1807 when they controlled both branches of Congress they bullied and coerced the Executive, and now, with the Legislature of the country in the hands of thc Democracy, intrenching them iel ves behind thc Executive, they are repeating the same experiment of forcing Congress to submit, in turn, to the dictation of thc President. CONOItESSMAN EVINS thinks a conservative course is the wisest to bc pursued, and indeed the only safe one. The Democratic majority have done all they could to secure the repeal of the odious law? in question. It waa in the power of the President to defeat their efforts, and he has exerted that power. The responsibility for tho fail ure rests upon lum and his party alone, aa the Democrats cannot pass the meas ures in the face of their opposition. Wo ought now to accept defeat gracefully and pass the appropriation bills at once, without the political riders. We ought even to pass them first and then oder bills repealing the obnoxious laws as aiiiiurntA mpuHtiriR. Thin ronnie would leave the Republicans without excuse for their opposition ; aa ne would be acting in manifest and perfect good faith and they could not say that we were holding back the appropriations by way of threat. If they refUGcd at last to pass these meas ures we could go before the country and let tho people decide upon them. I have no doubt as to what their decision would be. It is important for us to get these issues before the country without affording any occasion for having our motives so much as doubted, and without the measures themselves being entangled with auy other question. They should be fairly and squarely presented for judgment upon their rivi.ca alone. Hy adopting this course wt would relieve ourselves of any charge that we have used coercive measures or questionable methods. We should not allow ourselves, as Southern men, to be diverted from what wc think is the true interest of the people, by any plea? of party necessity on the part of the Northern Democrats. We are really the majority of the Democratic party in each branch of Congress, and will be held responsible for the legislation nf Congress. We have the right, therefore, to dictate the policy to be pursued. Any attempt to adjourn without passing thc appropriation bills will be considered revolutionary by the country, and we cannot afford to be put in tbut position. We have been between the upper and nether millstones long enough. We are willing to do thc voling und aiiow the Northern Democrats to hold the offices, but we claim the right >o shape the policy of the party for which wc must and will be held responsible. What Conkling said in his recent speech is true, that we ure the con!rolling power in both branches, and while it may be very pleasant for Northern politicians, seek ing their preferment, to keep up .sectional strife, our interests demand that we shall have ? cessation of such strife. Should we udjnurn without providing the menue of carrying on the government, I believe it would solidify the North as much at did the firing upon Fort Sumter in 1801. Our Northern Democratic friends might then find the tide too strong fur them, and leave us in the lurch by seeking new alliance:! with the National or Green back party, We can ??ut afford to take the risks which they can. We cunno) afford to play cat to their monkey any longer. If thero nro any chestuuts to bc had they will get them-the burnt paw? uro ours every time. They stand in s very different position before the country fro-:: ours. It is natural that the North ern people should look upon us with dis trust, coming as wo do into control of the government so soon after tho war, and we must lenin lu labor nod to wait. 1 do not near that we t'iould abandon tho struggle. Wo must renew it ou every occasion until we accomplish our pur pose, but wo must confine ourselves tc tho use of regular and constitutional methods. i It ia in no sense a "back down" for u< to take this course. Wo have certainly Freused the matter as far as wo could, do not consider that thc party bu? KeeS com m i ccu to doing Anything more than to exhaust all the constitutional and par liamentary means to secure the repeal ol tin: -e. laws. The declarations of indi vidual members of tho parly in Congress that wc would withhold the appropria tions in event of a veto binds no ono bul those who made them. There has cer tainly In en no authoritative declaration of the kind, and I fail tn see how we have been committed to such a course. True, the Republicans havo given this a? our '.'programme," but it wHl hardly be considered incumbent upon us to stand up to their declarations as to what wo in tend to do or nut to do. Tho discussion has done a great deal of good ulready by awaking tho people tc a sense of the real danger ive are in ol having legislation which was the out growth ot war established as precedents We were bound to protest against these measures as soon as we catho into power ; we have done so and have placed the Re publican party and the Executive on re cord as aUnding by bayonet rul?, packed juries and the uso of all kinds ot partisan machinery to carry elections, We would bo unwise indeed! to follow any course now which would lose us this advantage of tho position, and furnish the Republi cans With mate: ?al for an oflensivo cam paign on other grounds. Wo must be circumspect, and I think the present oc casion furnishes us with a nee-led oppor tunity or giving the he to all the fierce denuuciaiiotiH which have been directed at us in every speech that has been de livered on the Republican side of the House, and tn show to the country thal we can be safely trusted with power. A furlhor resort to any questionable means fy; securing a repeal of these Jaws would accomplish every purpose for which, tho Republicans have labored through this whole discussion. Mr. Evins further explained that though the Southern Democrats did not inaugurate this fight they will bo held responsible for ull iho^consequence?, nud should now act with a regard to this fact. He agreed with Mr. Bayard, he said, as to the passogc of these measures separately .it thc outset until it was urged (by Ran dall and others) that by factious opposi tion the Republicans could prevent the passage of tho measures for months. They (the Republicans) declared in their caucus that no legislation should be had except thc passage of the appropriation bills without any riders, and that shut us up to that mode of passing these meas ures if we should attempt to pass them nt all. CONGRESSMAN BICH A It DHC S said: I think it injudicious to express any decided opinion iii advance of the action of thc Democratic caucus, as I propose to he controlled by its action. Rut 1 be lieve it would bc well to pas?, first, a sep arate bill prohibiting the uso of United States troops at ?he polls and of United States marshals thereat, with power to arrest without warrant and upon suspi cion, and thereby force the President to commit himself to the policy of using troops nt thc polls. Ile will volo that bill um] thereby place himself and his party squnrely before the country in fa vor of using United States troops at tho pol) . Then we can after that consider the question, w hat i? to be dono with tho army appropriation bill. CON! 1B USS MAN AIKEN thinks there should bc no compromiso whatever with the opposition. The fight has been made upon principle, and should not be abandoned on any account. If the Republicans are willing to repeal I tbc obnoxious laws in separate form, they could just as well repeal them in their present connection. They say openly now that they have never agreed to pass them separately. Garfield explains that he did not say ne would vote for thc re peal of thc eight words "to keep tho peace at the polls," but for the repeal of the whole statute in which these words stand. To repeal that statute would be to give thc President tho very power which is proposed to take away from him, of sending troops to the polls under cover of "preventing disturbance." No question of mere policy should be con sidered for a moment; thc Democrats have asserted a high principle, have fought the light of faith, and if it ?H nec essary now to test the people's views, every Democrat in Congress should re sign at once and appeal to the country. This suggestion, as Mr. Aiken remarked, is not likely to be neted upon. SHNATOB HAMPTON was engaged when I called upon him, and remarked only that the feeling among Conservativo Southern men is that tho two measures should now bo passed separately for the purpose of test ing the sincerity of the Republicans. Tho Democrats can go before the country on the issue if they refuse to allow them to ...o through. THE PRMQ?ItATI? POLICY, The Appropriation lillis to bo Delayed l'util tho Sincerity of the Pren' tent und tito Republican Pur:j- Ccu te. Tested. WASHINGTON, May 3. The House Democratic caucus com mittee met tins morning and it is under stood, agreed upon a measure to be sub mitted to thc caucus if concurred in by the Senate committee, which, under tho title of "A bill to prevent military inter ference at the polls," consists of the sixth section of tue vetoed army appro priation bill, with the words "civil offi cers" stricken out and a proviso added that nothing in tho bill shall be construed as preventing tho United States ar my to enforce the process of the United States courts or to put down reaistanco against the United States by armed men. LATEB,-The Democratic members of the Houso to-day held another caucus, and after an hour's deliberation, defi nitely determined their line of action in regard to thc nrmy appropriation bil', and agreed upon the exact terms of tho measures to be sRparntely passed in lieu of the sixth section, it being also agreed that all consideration of tho remainder of the bill shall be deferred until this in dependent political measure shall have been acted upon by the President. It will pt ?vide, in substance, that sections 2002 mid 2003 of the revUed statutes shall not be constructed an authorizing the presence of United States soldiers nt the nolls except under orders of tho President to repel armed enemies of tho Uuitcd States, or in pursuance of consti tutional requirements, upon the applica tion of the Legislature of a State or of the Governor when thc Legislature can not be convened, to repress domestic vi olence. The bill will bo accompanied by n short preamble of an argumentative uature, todetcmiue the phraseology of which, and also to agree upon un effec tivo title consumed considerable time to day. Among the titles suggested wero 1 the following : "Bill to protect the ballot 1 box from military interference;" "Bill 1 to prevent the army and navy from in terfering with thc freedom of elections;" 1 "Biil to prevent the control of elections i in the Stntes by the army nnd navy of the United States," and u "Bill to pre vent the use of thc army at the polis and ? to promote the freedom of elections." It ? is understood that thc title finally adop ted is a "Bill to prevent interference hy ! the army with elections." Tho action 1 taken by the caucus is substantially in J accordance with an amended report pre* sented to-day hy the committee to whom tho whole project was recommitted yes ' terday. The proceedings nre said to have j been characterized by a spirit of harmony a""1 good feeling. THEY HAVE COME ! THOSE GRAIN CRADLES wo spoke ot, and We hope you will call and seo them. Wc can of fi fyou hnrirniiis. 1_A. fi. TOWERS ?fe CO. ANOTHER LOT Op well-selected Ooods that will not fall to pienso tho eve nnd fit the pnrso. \ Call carly and often. They ire joing r.?T rapidly. 1_A. B. TOWERS A CO. r STATE OP SOUTH CAROLINA, COUNTY OF ANDERSON. \ m COURT OF COMMON PI,KAN. James T. Holland and Major C. Holland, - Plaintiffs, against John Holland. Adaline Holland, Mary Holland, Thomas liol i land, Mitta Holland, the children of Ma rion Holland, deceased, to wit: Annie Holland and Mamie Holland, A. J. Stringer und J. B. Lewis, Defendants. 1 Sutrjtomifor Relief-Cvmttlaitit Roi Served. To tho D?tendants John Holland, Adaline I Holland. Mary Holland, Thomas Hol land, the children of Marion Holland, td wit: Annio Holland and Mamie Hol I land, A. J. Stringer and J. B. Lewis : ~\TOU are hereby summoned and required ' JL to answer the complaint in this nc 1 thin, a copy of which ls filed in the oflleo . of thc Clerk of the Court o? Common Pleas for Anderson County, and to serve a copy of . your answer to tho said complaint on tho . subscriber at lils office, at Anderson, South , Carolina, within twenty days after the ser vit? hereof, exclusive of the day of such j service ; and if you fall to answer tho com* I plaint withl- the time nforcs-.id, tho plalu I tiff in this action will apply to tho Court I for the relief demanded in the complaint. , Dated May 6, A. D. Itt. J. , JOHN E. BREAZEALE, Plaintiffs' Attorney. ' To the Defendant* John Iloltan? Adaline > Holla, rt, Mary Holland, Thomas Hol land and Mitta Holland : TAKE NOTICE that tho complaint Itt , tilts action is for the continuation of the I sale of tho Real Estate ot William Holland, deceased, and wus tiled in thc oflleo of tho Clerk of tho Court of Common Pleas on 1 the ilth day of May, A. D. 1H7U. JOHN E. IHtEAZEALK, Plaintiffs Attorney.