Nebraska advertiser. (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882, May 08, 1879, Image 1

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THE ADVERTISES
6.W.1-AIREBOTIIILE. yc.Ecsx.
EAIRBROTnER & BACKER
Publishers &Propr'fcar:i..
j1"
tLcjaiAiibiiii!.i 4
L. M A
PAIRBRDTBEB &,
PuTsllsliers andPropri
PublisiretJmpsdatyMorning " j
ADVERTISING RATES'.
One Inch, one yivti- - -
.!
Each snoceding Uiclu pes .year-
?S8i
One inch, per month-
100-
NTEItaiSXX ADVANCE:'
One-eopx. orjeyear ' .-.
One eopjvslx montai
JB. - -
Each atldllfonal inch, permonra
S3 00
00
so
ec&l advertisements at I peal rt li.inJ!LL
Uaecopy, three months-
teg- No paper senUromtheotficeantnpa.ld lir.
49AiltrajuUeQta4vertUementsmaat bebalf
forln advance. ' -''"'
ESTABLISHED 1856.
BRCfWITVTLiLE, NEBRASKA, THURSDAY, MATS, 1879.
VOL. 23 NO. 46.
HEADING 3IATTEU OXEVERTPAGE
'Oldest Paper in the State
.
OFFICIAL PAPEBOF THECOUSTI
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ctors.
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AUTIIOUIZED BY TnE U. S. GOVEnXJIEXX.
First National Bank
OF
3B k o'w jtvtx.x.:.
Paid-up Capital, $50,000
Authorized " 500,000
IS rHEPARED TO TRANSACT A
general Banking! Business
JlttY AND SELL
001$" & CUBEEffCY DEAFTS
on all the principal cities of the
United States and Snrope
MONEY LOANED
t n apftrnra! 4-irttT onlv. Time Drafts discount
pd. m:kI Mwiiil arrnmmdtlonscrauttldtodijposlt
rs. e&lersiti GOVERNMENT BONDS,
STAK, -COUNTY &. CITY SECURITIES
..deposits:
nwrwhra parabV mi demand and TNTEKEST al
lowed en t4HecerUScatesor1eioiti-.
r.TnWTOR?.-'Wm JT-Jlm. Jl M. Hallux-. "ir.A
Handler. ,F ra.sk EJobDbon.tL.uUjer'-'IIoadley
Wju. Praisfcer.
. JOHS L.GATCS0X,
A K. PA VlsoXrOashier.
J '".McNAreirrON.A3-!t.Cahir.
President.
BROWATILLE
Ferry and Tranfers
COMPANY.
Tlavinr a fir' class steam Ferry, and owning
and controHac the Transfer Line irom
ROWXYIL.I.E TO PIIEL.PS.
-. n are jwewired to reader entire sulkfacttonln t
far.-fer of Freight and Passengers. We ran a
r-gaiur Hee at
i"q",ji',r'
tr all trains. Al orders lea at Hie Tranfe:
pany'sofltce will receive prompt attention.
ComI
J. Bosfield. Gen. Supt.
BODY & BEQ
Proprietors
OliD RELIABLE
AR
h
EROWATILLE, NEBRASKA.
GOOD, I SWEET,
FH.ES3E MEATf
Alxrays on Hand.
Satisfaction Guarantied.
IBTJSrNESS CARDS.
A.
S. HOLT,ADAY,
Pbyslcian, Snrgeon, Obfttetrlclan.
iraaatdin 1SH. leaf in urownvineio.v
OiBce.41 Slain street. BrownvHUj..Neb.
T L. HUIiRURD.
Jj. ATTORXEr AT r.A5T
And Jrottce or the Peace. OlEoe in Court House
It jUdto. nmwnvllle, Neb.
QTUl.ti& THOMAS. r
O AffirORXEVS AT IiAW. ' '
OTtce. over Theodore Illlt Co.'s store, Browa
vllle. Neb.
T1 Ii- SCHI.PK.
1. ATTORXEVATLAV.
0re ovar J. L- MoGeeiBr's-store.Brownvllle,
Nakraska.
SA. OS HORN".
. ATTORSET AT LAW.
O Mce. No. SI Main street, BrowHTlle. Neb
J.
H. BROADY.
Attorney nnd Counselor at Lair,
OfficeoverSt&te Bank. Brown ville.Neb.
WT. ROGERS.
Attorney ami ConnseloratLnw.
Will ivedlltgent attention to anylesalbuslness
entrBsteVtAhioare. Offlce In th Roy bnilding,
Browa viHe, Neb.
AT. CLlE,
FASHION A II IjE cj
BOOT AXD SHOE jIAKER p
COSTOM WORK mdeto order, and fitsalwayf
raarantoed. Repairinc neatly and promptly done.
Shop. No. 27 JTaln street. BrotcnTlHe.Neb.
M. BAILEY,
SHrrPEK.ND UBAXEKTN
X).
LIVE STOCK.
BROWXTILLE, XEIIRASKA.
Farmers, please caU and get prices ; I want
to handle your stock.
Offlce 31 Main street, Hoadley building.
JACOB MAROHN,
MERCHANT TAILOR,
and dealer in
FineEnzIixh, French, Sfetrhand Fancy Clothe,
Testinss, Etc, Etc.
Brownville. Nebraska.
IHARLES HEL3IER,
FASHIONABLE
Boot and Shoe
MAKSR.
. Having bouzht the cus
tom shop of A. Ttoblson,
I am prepared to do wort
of all binds at
Reasonable Rates.
3RepaIrlng neatly and
promptly done.
Shop No. 62 Main Street,
RrownrUIc, 3mcbraslca.
MEM
E
r
TONSORIAL,
The old Barbershop, No. 47 Is nowl owned
and -ran by
It Is the best fitted shop In the city, and the
-placels generally patronized bylhe
people. Mr. Hawkins keeps
no assistants who are not;
Experts it The Business,
nnd gentlemanly and accommodating
their conduct. All kinds of
In
TOWSOEXAL WOBK
done promptly and satisfaction guaranteed.
TEE BESTDYES
made are always In preparation.
Josepii Sciiutz,
DEAXEIi IX
Clocks, Watches, Jewelry
r? Keeps constantly on hand a large and well
v assorted stock of genuine articles in his line
,j A Repairing of Clocks, Watches and Jewelry
done on short notice, at reasonable rates.
XT.L irOEK" WAE1Z&XTED. Also sole acent in
his locality for ihe sale or
XAZATtPS & MORRIS'
CELEnEATED PERIICTED
SPECTACLES k EYE GLASSES-
20.59 Main Street,
BROWNVII1I1E, KEBRASKA.
A fine assortment or Type, Bor
ders. Rales. Stock, Ac,
for printing.
CARDS,
Colored and Bronzed Labels,
STATEMENTS.
LETTER & BILLHEADS
ENVELOPES,
Circulars. Dodgers. Programmes,
Show Cards,
BLAXK WOKK OF ALL KIXIIS,
With neatness andtlispatch
Cheap or Inferior Work.
xot solicited.
FA2S320TS33 k HACZZ3,
Carson Bloek,
BROWXT1LLE, NEB.
ESTABLISHED IN 1856.
O I, X E S T
ESTATE
AG-BjSTCY
IN NEBRASKA.
William H. Hoover.
Does a general Real Estate Business. Sells
Lands on Commission, examines Titles,
makes Deeds, Mortgages, and all Instru
ments pertaining to the transfer of Real Es
tate. Has a
Complete Abstract of Titles
to all Real Estate In Nemaha County.
j. Xj. :r,o"
&,
Undertaker
Keeps a full line of
BOBML CASES & CAHETS
Ornamented and Plain.
Also Shronds for men. ladles and infants.
All orders left with Mike Felthouser will
receive prompt attention.
CS- Bodies Preserved and Embalmed..
5G Main Street, BR0TYXVILLE,XEB.
T. -A.. IB-A-Tie:
Is now proprietor of the
itpatliM,
and is prepared to accomodate the
public with
GOOD, FRESH, SWEET
DVEEA.T,
Gentlemanly and accommodating clerks
will at all times be in attendants Vnrrr 1
!Sri5iSat5S:SSlS?.ber the PlaCe I
RroicnviUc, - JYebraslca.
MARSH HOUSE,
JOSEPH 0'PELT, PROPRIETOR.
Llvcrr Stable in connection with theHonse
3-Stage office for all points East, "R'est.'Ea
JC3-NorthitSouth. Omnibuses toe&
S-connect with all tralns.-
SA3IPLE 110031 OX FIRST FLOOR.
Je JnpBWfc. ly Vy-wlfciBrh-i
THE ADVERTISER
JIB PRINTING
DEPaRTSIENT.
1 A A A .
tX . 9M CH M B 4K
The President's Yetoe Message
Washington, April .Follow
ing is the meEsage of the President,
returning to the HouBe of Represen
tatives the bill entitled "An Act
Making Appropriations for the Sup
port of the Army for the fiscal year,
ending June 30. 1SS0, and for other
purpo3e8."
To theHonse of Representatives:
I have maturely considered the im
portant questions presented by the
bill entitled "An Act Making Appro
priations for the Support of the Army
for the fiscal year ending June 30,
1SS0, and for other purposes,' and
I NOW RETURN IT
to the House of Representatives, in
which it originated, with my objeot
ins to its approval.
The bill provides, in its usual form,
for the appropriations required for the
support of the army during the nest
fiscal year. If it contained no other
provisions, it would receive my
prompt approval. It includes, how
ever, further legislation, which, at
tached to it is the appropriations
which are requisite for the efficient
performance of some of the "mostTfec
essary duties of the Government, in
volves questions of the gravest char
acter. The sixth section of the bill is
amendatory of the statute now in
force in regard to the authority of
persons in the civil, military, and
naval service of the United States, at
a place wnere any general or speciol
eleotion is held, in any State. This
utatute was adopted February 25, 1865,
after a protracted debate iu the Sen
ate, and almost without opposition in
the House by the concurrent votes of
both of the leading political parties of
the country, and became a law by the
approval of President Iiincoln. It
was enacted in 1874, in the Revised
Statutes of the United States, sections
2,002 and 5,528, which are as follows :
"Section 2.002. No military or na
val officer, or other person engaged iu
the civil, military or naval service of
the United StateB, shall order, bring,
keep, or have under his authority or
control, any troops or armed men, at
a place where any general or special
election is had in any State, unless it
be necessary to repel the armed ene
mies of the United States, or to keep
the peace at the polls.
"Section 5,528. Every officer of the
army or navy, or other person in the
civil, military, on naval service, who
orders, brings, keeps, or has under his
authority or control, any troops or
.rired men at anyplace whoro-a gen
eral or special election is held, in any
State, unless such force be necessary
to repel armed enemies of the United
States, or to keep the peace at the
polls, shall be fined not more than $5,
000, and suffer imprisonment at hard
labor not les3 than three months nor
more than five years."
The amendment proposed to this
statute in the bill before me omits
from both of the foregoing sections the
words "or to keep the peace at the
polls." The effect of the adoption of
this amendment may be considered
first, upon the right of the United
States Government to use military
force to keep peace at elections for
members of Congress ; and second,
upon the rigbtof the Government, by
oivil authority, to protect these elec
tions from violence and fraud.
In addition to the sections of the
Btatute above quoted, the following
provisions of law in relation to use of
the army at elections, are now in
force :
Section 2.002. No officer of the ar
my or navyjof the United States shall
prescribe or fix, or attempt to pre
scribe or fix, by proclamation, order
or otherwise, the qualifications of
voters in any State, or in any manner
interfere with the freedom of elec
tions, or with the exercise of the free
rights of suffrage in any State.
"Section 5,529. Every officer or
other person, in the military or naval
service, who, by force, threat, or oth
erwise, prevents or attempts to pre
vent, anj- qualified voter of the State
from freety exercising -the right of
suffrage, in any general or special
election in such State, shall be fined
not more than $5,000, and imprisoned
at bard labor not more than five years.
"Section 5.530. Every officer of
the army or navy, who prescribes or
fixes, or attempts to prescribe or
fix, whether by proclamation, order,
or otherwise, the qualifications of
voters at any election, in any- State,
shall be .punished as provided in the
preceding section.
"Section 531. Every officer or oth
er person, in the military or naval
service, who, by force, threats, or
otherwise compels or attempts to
compel an officer holding an election
in any State, to receive a vote from a
person not legally qualified to vote, or
who imposes or attempts Td'Tmpose
any regulations for conducting any
general or special election, in a State,
different Irom those prescribed by
law, or who interferes in any manner
with any officer of election in the dis
charge of hie duties, shall be punish
ed as prescribed in section 5,529.
"Section 532. Every person con
victed of any of the offenses specified
iQ the fivepreceding.ections shall, in
addition to the punishments therein
Beverally-prescribed, be disqualified 1 titled to the share of power which Is
from holding any office of honor, 1 conferred by the legal and conatito
profit, or trust, under the United tional suffrage. It is the right of ev
States; but nothing in these sections . ery citizen possessing the qualiflca
shall be so construed as to prevent tions prescribed by law, to cast an un
any officer, soldier, sailor, or mariner intimidated ballot, and to have his
from exercising the right of suffrage j ballot justly counted. So long as the
in any election district to which ne J exercise of this power and the enjoy
may belong, If otherwise qualified ac- ment of this richt are commnn or,
i cording to the laws of the State, in J
which he offers to vote."
The foregoing enactments would
seem to be sufficient to prevent mili
tary interference with elections ; but
the last Congress, to remove all ap
prehensions of such interference, ad
ded to this body of laws section 15, of
an act entitled "An Act Making ap
propriations for the support of the
Army for the fiscal year ending June
30, 1879, and for other purposes," ap
proved June 30, 1878, which is as fol
lows: "Section 15. From and after the
passage of this act it Bhall not be law
ful to employ any part .of the army of
the United Stotes as aosse comitatus,
or otherwise, for the purpose of exe
cuting the laws, excepting in such
cases and under Bnch oircumstances
aa 3uoh employment of said force may
be expressly authorized by the Con
stitution, or by aot of Congress; no
money appropriated by this act shall
be used to pay any expenses Incurred
in the employment of troops in viola
tion of this section, and any person
wilfully violating the provisions of
this section shall be deemed guilty of
a misdemeanor, and, upon conviction,
shall be punished by a fine not ex
ceeding $10,000, or imprisonment not
exceeding two years, or both suoh fine
and imprisonment.'
This act passed the Senate, after a
fnll consideration, without a single
vote against jt on its formal passage,
and by a majority of more than two
thirds it was concurred Sin by the
House. The purpose of the section
quoted was stated. in the Senate by
one of Its supporters as follows:
"Therefore I hope, without getting
into any controversy about the past,
but acting wisely in the future, that
we shall take away the idea that the
army can be used by a General or
special Deputy Marshal, or any
Marshal, merely for election purpos
es, or posse, ordering them about- the
polls, or ordering them anywhere else
where there is no election going on,
to prevent disorders, or to suppress
disturbances, that should be suppress
ed by peace officers of the State, or if
they must bring others to their aid,
they should summon uuorganized cit
izens, and not summon officers and
men of the army as a posse comitatus
to quell disorders, and thus get up a
feeling which will be disastrous to
peace among the people of the coun
try." In the House of Representatives the
object of the act of 1S78 was stated by
the gentleman who had it in charge,
in similar terms. Her cold t
"But these are all minor points, and
insignificant, compared with thegreat
principles which was incorporated by
the House in the bill in reference to
the use of armed men in time of
peace. The Senate had already inclu
ded what they called and what we
might accept as the principle, but
they had stricken out the penalty,
and had stricken out the word 'ex
pressly,' so that the army might be
used in all cases where implied au
thority might be inferred, and the
House Committee planted themselves
firmly upon the doctrine that rather
than yield this fundamental princi
ple, for which for five years this
House had struggled, they would al
low the bill to fail, notwithstanding
the reforms that we had secured, re
garding these reforms as of but little
consequence alongside the great prin
ciple that the army of the United
States, in time of peace, should be un
der control of Congress and obedient
to its laws. After a long and protract
ed negation, the Senate Committee
have conceded that principle, in all
its length and breadth, including the
penalty which the Senate had strick
en out. We bring you back before a
report with the alteration of a single
word, which the lawyers assure us is
proper to be made, restoring to this
bill the principle for which we have
contended so long, and which is so vi
tal to civil rights and liberties of the
people. Thus have we this day se
cured to the people of this country the
same great protection against the
standing army which cost a struggle
200 years for the Commons of Eng
land, for the British people."
From this brief review of the sub
ject, it sufficiently appears to me that
under existing laws there can be no
military interference with elections.
No case of such interference has, in
fact, occurred since the passage of the
act last referred to. No officer of the
United States has appeared under or
ders at any place of election, in any
State. No complaint of the presenoe
of United States troops has been made
iu any quarter. It ma3 therefore, be
confidently stated, there is no necessi
ty for the enactment.of section six of
the bill before me to prevent military !
interference at elections. The laws
already in forceare all'that is requir
ed for that end. But that part of sec
tion six of this bill which is-signlfi-cant
and vitally important, is a clause
which, If adopted, will deprive the
civil authorities of the United States
of all power to keep the peaoe at Con
gressional elections. Congressional
elections in every district, in a very
important sense, are justly a matter
of political interest and concern
throughout the whole country. In
each State every political party is en
equal, practically, submission to suff-j
rage will be accorded loyally and
cheerfully, and the departments of
the Government will feel the true
vigor of the popular will thus ex
pressed. Two provisions of the Constitution
authorize legislation by Congress for
the regulation of congressional elec
tions. Section 4, of article 1, of the
Constitution, declares the times, pla
ces, and manner of holding elections
for Senators and Representatives shall
be prescribed in each State by the
Legislature thereof, but Congress
may, t any time, by law, make or al
ter such regulations, except as to the
piace3 of choosing Senators. The
Fifteenth amendment to the Consti
tution is as follows:
"Section 2. The right of citizens of
the United States to vote shall not be
denied by the United States, or by
any State, on account of race, or pre
vious condition of servitude.
"Section 2. Congress shall have
power to enforce this article by ap
propriate legislation."
The Supreme Court has held that
this amendment invests citizens of
the United Slates with a new consti
tutional right which is within the
protecting power of Congress. That
right declares it to be free from dis
crimination in exercise of the elective
franchise on account of race, color, or
previous servitude. The power of
Congress to protect this right by ap
propriate legislation, is expressly af
firmed by the Court. National legis
lation to provide safeguards for free
and honest elections is necessary, ex
perience has shown, not only to se
cure the right to vote to the enfran
chised race of the South, but also to
prevent fraudulentvotingin the large
cities of the North. Congress has,
therefore, exercised the power confer
red by the Constitution, and has en
acted certain laws to prevent discrim
ination on account of race, color, or
previous condition of servitude, and
to punish fraud, violence, and intim
idation at federal elections.
Attention is called to the following
sections of the Revised Statutes of
the United States:
"Section 2,004. Which guarantees
all citizens the right to vote, without
distinction on account of race, color,
or previous condition of servitude.
"Sections 2,005 and 2.00G. Which
guarantee to all citizenB equal oppor
tunity, without discrimination, to
perform all acts regarded by the law
as pre-requisites or qualifications for
voting.
KC5rioCf022.- WHieb authorises
a U. S. Marshal and his deputies to
keep the peace and preserve order at
Federal elections.
Section 2,024. Which expressly
authorizes the U. S. Marshal and his
deputies, to summon a posae comita
tus whenever they, or any of them,
are forcibly resisted in the execution
of his duties under the law, and are
prevented from executing their duties
by violence.
"Section 5,522. Which provides
for the punishment of the crime of in
terfering with Supervisors of Eleo
tion and Deputy Marshals in the dis
charge of their duties at elections of
Representatives in Congress.''
These are some of the laws on this
subject whioh it is the duty of the
Executive Department of the govern
ment to enforce. The intent and ef
fect of the sixth section of this bill, is
to prohibit all civil officers of the Uni
ted States, under penalty of fine and
imprisonment, from employing any
adequate civil force for this purpose
at a place where their enforcement is
most necessary, namely: At the
polls where congressional elections
are held. Among the most valuable
enactments to which I have referred,
are those which protect Supervisors
of Federal Elections in the discharge
of their duties at the polls. If the
pending legislation should become a
law. there is no power vested in any
officer of the government to proteot
from violence, officers of the United
States engaged in the discharge of
their duties. The rights and duties
under law will remain, but the Na
tional government will be powerless
to enforce Its own statutes, while the
State may employ both military and
civil power to keep the peace, and to
enforce the laws at State elections. It
is now proposed to deny the United
States the necessary civil authority to
protect national elections. No suffic
ient reason has been given for this
discrimination in favor of State and
against national authority. If well
founded objections exist against the
present National election laws, all
good citizens would unite in their
amendment. Laws providing the
safeguard of elections should be Im-
partial, just, and efficient. They
should, if possible, be so non-partisan
and fair In their operation that the
minority party out of power, will
have no just grounds to complain.
The present laws have, in practice,
conduced to the prevention of frauds
and violence of elections. It is the
right and duty of the National Gov
ernment to enact and enforce laws
which will secure free and fair con
gressional elections. The laws now
in force should not be repealed, except
in connection with the enactment of
measures which will better accom-
1 plish that end. Beliving that section
six of the bill before me will weaken,
if not altogether takeaway the power
of the National Government to pro
tect Federal elections bj civil author
ities, I am forced to the conclusion it
ought not to receive my approval.
That section is, however, not present
ed to me as a separate measure, but is,
as has fceen stated, attachedtd a bill
making the usual annual approprla
tions. It prohibits, under heavy pen
alties, any person engaged in the civ
il service of the United States, from
having any force at the place of elec
tion prepared to preserve order, to
make arrests, to keep the peace, or in
any manner enforce the laws. This
is altogether foreign to the purpose of
any army appropriation bill. The
practice of tacking to army appropri
ation bills measures not pertinent to
them did not prevail till more than
forty years after the adoption of the
Constitution. It has now become a
common practice. All parties when
in power have adopted it. Many
abuses and great waste of money
have in this way crept into the appro
priation bills. Public opinion of the
oountryis against it. States which
have recently adopted constitutions
have generally provided a remedy for
this evil by enacting that no law shall
contain more than onesubject, which
shall be plainly expressed in the title.
Constitutions of more than half of the
States contain substantially this pro
vision. The public welfare will be
promoted in many ways by a return
to the early practice of the Govern
ment and the principle of legislation
which requires that every measure
shall stand or fall according to its
merits. If it were understood, that to
attach to an appropriation bill a meas
ure irrelevant to the general objeot of
the bill would imperil and probably
preventils final passage and approval,
a valuable reform in the parliamenta
ry practice of Congress would be ac
complished. But the justification hs
been offered for attaohing Irrelevant
riders to an appropriation bill, that it
is done for convenience and to facili
tate the passage of measures which
are deemed expedient by all branches
of the Government which participate
in legislation. It cannot be claimed
there is any such reason for attaching
this amendment of the election laws
to the Army Appropriation bill. The
history of the measure contradicts
thisassumption. The majority of the
House of Representatives in the last
Congress was in favor of a section to
this bill. It was established by the
Constitution, aud by laws passed In
pursuance thereof. Their duties are
clearly defined, and their support Is
carefully provided for by law. The
money required for this purpose baa
been collected from the people, and is
now'in the treasury, ready to be paid
out as soon as the appropriation bills
are passed. Whether the appropri
ations are passed or aot, the collection
of taxes will go on. The public mon
ey will accumulate In the treasury. It
was not the intention of the framers
of the Constitution that any single
branch of the government should
have the power to dictate the condi
tions upon whioh this treasure should
be applied to the purpose for which it
was collected. Any such intention, if
it had been entertained, would have
been plainly expressed in the consti
tution. That a majority of the Sen
ate concurs in the claim of the
House adds to the gravity of the situ
ation, but does not alter the question
at issue. The new doctrine, if main
tained, will resultin the consolidation
ot an unchecked and despotic power
in the House of Representatives. A
bare majority of the House will be
come the Government. The Execu
tive will no longer be what the fram
ers of the Constitution Intended an
independent branch of the Govern
ment. It is clearly the constitutional
duty of the President to exercise his
discretion aud judgment upon all bills
presented to him, without constraint
from any other branch of the govern
ment. To say that a majority of eith
er, or both Hcrnses of Congress, may
insist on the approval of a bill under
the penalty of stopping all of the op
erations of the Government for want
of the. necessary supplies, is to deny
to the Executive that share of legisla
tive power which is plainly conferred
by the second section of the seventh
article of the Constitution. It strikes
from the Constitution the qualified
negative of the President. It is said
this should be done because it is the
peculiar function of the House to
present the will of the people; but no
single branch of the department of
the Government has exclusive author
ity to speak for the American people.
The most authentic and solemn ex
pression of their will is contained in
the Constitution. By that constitu
tion they have--ordained and estab
lished a government whose powers
are distributed among co-ordinate
branches which, as far as possible,
consistently with the harmonious co
operation, are absolutely independent
of each other. The people of this
country are unwilling to see the su
premacy of the Constitution replaced
by the omnipotence of any depart
ment of the Government. The enact
ment of this bill into a law will estab
lish a precedent which will tend to
destroy the equal independence of the
several branches of the Government.
Its principle places, not merely the
Senate and Executive, but the Judi
ciary also under the eoerclal direction
of the House. The House alone will
be the judge of what constitutes, and
also the means and measures of re
dress. An Act of Congress to
protect the elections i3 now the griev
ance complained off but the House
i may, on tne same principle, deter
mine that any other act of Congress
a treaty made by President, with the
advice and consent of the Senate; a
nomination or appointment to office ;
or that a decision or opinion of the
Supreme Court is a grievance, and
that the measure of madness is to
withhold the appropriations required
for the support of the .offending
branch of the Government.
Believing that this is a dangerous
violation of the spirit and meaning of
the Constitution, I am compelled to
return It to the House in which it
originated without my approval.
The qualified negative with which
the Constitution invests the President
is a trust that Involves a duty which
I can not decline to perform with a
firm and conscientious purpose to do
what I can to preserve unimpaired
the constitutional powers and inde
pendence, not merely of the Eexecu
tive, but of every branch of the gov
ernment, wbioh" will be iraperriled by
the adoption of this bill. I desire
earnestly to urge upon the House of
Representatives a return to the wise
and wholstome usage of the earlier
days of the Republic, which excluded
from appropriation bills all irrelevant
legislation. By this course yon will
inaugurate an important reform in
the method of Congressional legisla
tion. Your action will be in harmony
with the fundamental principles of
the Constitution, and the patriotio
sentiments of the nationality which
is their firm support, and you will re
store to the country that feeling of
confidence, and security, and repose
which is so essential to the prosperity
of all our fellow-citizens.
Signed, Rtjtherfoed B. Hayes
PERSONAL MERIT.
An Essay Suggested by Some-Unusual
Matrimonial Occurrences.
New York World.
Just 20 years ago, in the autumn of
1S59, a lady belonging both by birth
and marriage to one of the most an
cient families in England Mrs. Mary
Gurney, the wife of her cousin, John
Henry Gurney, M.P. forKing'sLynn
and the heiress In her own right of a
fortune of over a million pounds ster
ling electrified a wide circle offriends
and connections on both sides of the
Atlantic by suddenly leaving her
home, her husband and her three
young children, to elope to Paris with
a groom, William Taylor, who had
long been her companion and attend
ant in her daily rides. The case ex
cited extraordinary attention at the
time, not only beoacse it jarred to
their foundations the barriers of social
caste within which well ordered Brit
ain lives its comeliest daily life, but
because the family thus suddenly
made a public scandal, after figuring
during the earliest epoohs of modern
English history in the wars of the
Conqueor and of the Plantagenets,
has for a century past been conspicu
ous in the Society of Friends. The
Norman De Gournays of the eleventh
and twelfth centuries were the direct
progenitors of John Joseph Gurney,
whom the Quakers of London and of
Philadelphia hold in equal honor, and
John Joseph'Gurney was the father of
the gentlemen upon whom this great
domestic calamity fell.
Nor did the case lack other features
to distinguish It from casual and daily
scandals of the same Eort. Mrs. Gur
ney was a woman of a keen and cul
tivated intellect as well as of an im
perious and ungovernable will, and,
after establishing herself as her great
personal estate enabled her to do in
Paris with the partner cf her flight,
she wrote, prepared and sent to- the
press a small volume in vindication
of her con duo t. In this volume, en
titled 'Mrs. Gurney's Apology,' she
assayed the family in which she had
been educated and the society in
which from her childhood to the age
of 2Syears'she had lired, as having
conspired together to dwarf all the
emotions of her nature, and make
life under the conditions recognized
and imposed by them impossible to
her. She imputed the waj-wardness
of her nature to impulses inherited
from the repeated intermarriages- of
the house of Gurney during several
successive generations, and arraigned
her marriage to her cousins John
Henry as having extinguished 'the
inner light' within her a light only
rekindled by her acquaintance with
and admiration of her groom, in whom
she described herself as having' found
a being open to all the influences of
nature, and whose "presence took her
back to the men of her an
cestral pride,' To maintain the
form of a superiority where none ex
isted,' she said, 'became at last an im
possibility;' and so it came to pass
that, upon a day when this remarka
ble William Taylor was riding beside
her in the highroad, she suddenly
turned and avowed her love. To
which Hesaid out into the air, out
into the heavens, 'God has given me
too great a joy.
A more singular book in its way
than this ' Apology' hardly exists in
modern literature. We recall it to
day not to offer any of the obvions
criticisms, nor yet to indulge in any
of the obvious moralizings, npon its
strange and melancholy pages,
which will occur of themselves to ev
ery well balanced mind, but simply
because the publisher who gave a
Bmall edition of It to the world in this
country excused himself for ho doing
on the ground that Mrs. Gurney's ad
miration of her groom was 'an earnest
plea in behalf of Personal Merit,'
which could not 'fail towin its way to
many hearts, at least in this country,
the foster-home of the plebeianceand
of democracy.7 Two social events
wbioh have disturbed the peace of
hitherto happy homes in the neigh
borhood of the metropolis during the
past mouth or two put this plea for
Personal Merit to tha test rather
Bharply. And though in neither of
these cases has the recognition by a
woman of personal merit in a man bo
dally regarded as her inferior been,
clouded, as it was in the caae of Mra
Gurney, by a positive Infraction 6?
Divine and human law, it must be
owned that the tone of such publlo
comment as either of- these case has
as yet received does not encourage the
belief that 'Personal Merit la valued
by fathers and mothers 'in. thiafoater
home of the plebeiance and otdemoo
racy' altogether above rubies and;
rank. The marriage.of a young lady
in Hartford to her father's coachman
has not been followed by any general
outburst of social sympathy
and approbation ; and, although:
many 2vew York. Bociar. cir
cles are discussing now the
still more romantic and unusualr de
termination of a young lady delicate
ly nutured and educated to leave her
home and seek a new life elsewhere
with the driver of a city caiiway car
whose acquaintance was sought and
whose honest and conscientious de
votion was won by herself, it may be
doubted whether a lofty and sentimen
tal admiration of the heroine and of
her practical faith iu the pceanle of
the Declaration of Independence any
where predominates in these discus
sions. In this latter case the young lady
was all that a young lady should be..
She did not consider herself, like
Mrs. Gurney, a thwarted being, doom
ed to gasp for life in a hothouse full
of prim and broad-brimmed Quakers.
She was a bright, animated, well edu
cated , sensible girl. She did not seek,
her fate. It came to her. In making
visits to some especial friends, shs was
accustomed to use a particular line of
horse-cars, vaguely described in the
books of the Mayor's MaVshal as a-Cross-Town
line, and the cara were of
the kind which are known by the un
romantio name of 'bobtails. These
carsr be it noted, establish close relav
tions, at least in a fiscal way, between,
the passenger and the driver. Tha
latter, as he occupies his platform,
finds suspended above his bead a
narrow mirror, which is. so arranged
that it reflects for him the faces of all
passengers who enter the car, and
which exhibits to him every aotion
within it. Behind him is the- patent
change spring through which the
changeless passenger passes the largo
coin or the greenback in order to re
ceive his packet of cos.venieai silver
Only the love which laughs at lock
smiths, but not at car-drivers,. can
tell how passion should have oome to
birth amid such dull and common
place details. Neither of the happy
couple has been yet moved to tell the
story. But the mirror aud the change
spring, it is agreed, had the most to
do with the introduction In a phort
time there happened the coincidence
that the lady was always ab?e, when
she left home for her visits, to halls
that especial car, the mirror of which
as she sat within, reflected to her the
features- of that especial driver, and
to him the graces f bis charming:
passenger. She was of an old ETnick
erbroker strain, dashed with New
England blood, and he was a-'teasing
pleasing Irishman. The half-dimes?
which she surrendered every day to-
the Cross-town Company must have
delighted the treasurer, who doubtless
wondered, too, at the increasing good
humor with which every Saturday
night the happy ear-driver took I1I3
paltry trade-dollar for wages. One
day she quietly announced -her ap
proaching marrfage to her guardian,.
told the story of her affection, andf
asked that her proper portion, of her
inherited estate might be made over
to her. Remonstrances were made
bitterly, sadly, earnestly but in. vain.
The strangely united couple vrent
quietly to the Catholic oburek in
Avenue she in a modest walking
dress, and he in a new suit of chevoit
and exchanged their vows. There
wasnoscene.no romancing, no dra
matics. To him, doubtless, she was a
goddess, but Uis wife. To he7 he waB
a car-driver, but yet her quiet, manly
altogether estimable husba&d. She
sent her uncle her address on the sec
ond floor of a tenement flat In the av
enue which the cars and their driver
of her fate held their route; and so
each could see the other as the passing
and repassing came-. They live- to
gether happily so fur in or out of the
car, In or out of the flat, in or oat of
the city, matters not. But the doora
of the old home are not opened to
either. Sueh is chapter the first of
the latest romanee In New York soci
ety ; and what one of our fair readers
will not honestly say that, aa she
reads it, her first impulse is to agree
with the Philadelphia publisher of
I Mrs. Gurney's Apology ?
A Cheap LigM.
Camping and fishing parties can
obtain a good light by soaking a brick
I in kerosene oil for ten minutes. The
brick absorbs the oil, and being sus
pended with wire and ignited, a brll-
liant light lasting half an hour, is ob
tained. This Is said by those who
have experimented with it to be
greatly superior to the torch In gen
eral use. It is rather early to talk of
camping out, but the time Is coming,,
and then this recipe will be accept
able. -
One reason why more people did
not go into the ark Is that Noah neg
lected to advertise in thedaiiy papers.
There is agreat moral lesson In this
fact..