The New York herald., 1870-11-06
THE ELECTION.


The Pewsrs Of Supervisors and Dcpsty MAR
shals.
Annexed is an opinion Of counsel respecting the
powers ana duties OF supervisors and deputy mar
shals appointed under the act OF Congress-
Our opinion In asked as to the powers which may
be exercised the polls by SUPERVISORS and deputy
marshals appointed under authority OF the late ACT
OF CongreSs For the purpose OF giving this opinion
we are requested 10 assume that there so-called
Onicers are constitutionay created, and upon this
assumption We proceed to state the authority sought
Frst-By the act approved July H. 1870, the per-
son who shall be Judge OF the Circuit Court OF the
United States this circuit is authorized upon the
| application OF two citizens, to appoint In writing
for each election district within the CITY or New York
two citizens, residents OF the district or precinct
| one from each political party-who are, when ap.
pointed, authorized to attend at all times and places
| for holding elections Of Representatives III Con-
gress, and Tor counting the votes at SAID elections
and TO challenge any vote offered at such elections,
| ing OF all such votes and TO remain where the
ballot boxes are kept ut all times alter the polls are
persons are also authorized to attach to the certin
| cate OF the number OF votes cast any statement
touching the truth fairness thereon which they or
| either OF them may 1t. 1t is plain to all who
read the act that Congress has not attempted TO
ton Of State oficers. Their powers aud duties are
limited elections for Representatives In Congress-
Ia nass rsa Shoy any tssr 70
BY statute OF iae State OF New York,
Ap, g isS i Is provided nss
In Congress shall be on Q separate ballot. which,
upon face thereof shall contain designation OF
the olce and the district for which the officer s 10
be elected, and which, when folded. shah be en-
dorsed shown on the outside The words Congress,
number three" and "be deposited in box number
three" The persons appointed by the Circuit Judge,
as before stated, may, by the act referred to,
attend at the polls and challenge votes offered to be
be present at ana witness the counting OF votes there
deposited and there only; and they may remain
the time the polls are opened until all
votes deposited therein are finally counted.
Nor can they oier their names or any statement TO
any certificate OF votes cast except those deposited
Tor Representatives In Congress. The voting for
therefor are 10 be deposited are as exclusively
under the control OF inspectors OF registry ana
elections appointed by STATE authority, as II said
act OF Congress had not been passed. Nor have
those persons, under pretext Of supervising votes
cast or TO be cast for the Represent atives In Con-
gress any authority whatever TO interfere with, en
barrass or in any manner obstruct the fun exercise
by any citizen OF his right TO vote for State officers
Nor nave they by said any authority to embarrass
or interfere with his right TO vote for Representa-
tives IN Congress, except TO challenge MS vote
when offered
vided that 1t shall be lawful for the Marshal OF the
United States for this district to appoint as many
order at any election at which Representatives In
Congress are to be chosen.
said deputies hereby authorized preserve order
the peace committed In their vtew
BY the fourth article Of the amendments to the
constitution OF the United States It Is declared that
against unreasonable seizures shall not be violated
and that warrants shall issue but upon probable
cause, supported by oath or affirmation particularly
describing the person to be seized. That part OF
the act above quoted Is in direct violation OF
this clause OF the constitution, and should any
deputy marshal, under pretext OF preserving order
at the coming election, seize persons without war
rant legally issued supported by af1davlt he will be
punishable criminally in the State courts, and oa
Liable therein for damages In addition, ~ the suit OF
the aggrleved party.
1t follows, therefore, from what we have already
said, that any attempt on the part OF the deputy
marshals whether by force threats, Intimidation or
etherwHe TO prevent The free exercise Dy the citizen
OF his right to vote, would be unauthorized and
illegal though attempted TO be perpetrated by
any ether perSen. X. w. STOUGHTON,
GEO. TICKNOR CURTIS,
W. U. BARTLETT,
CHARLES DONOHUE,
JOSEPH BELL.
NEW YORK, Nov. 6, 1870.