Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1870-06-01

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I shall or deputy marshal refuse to receive
such warrant or other process when ten
dered, or to use all proper means dill
gently to execute the same, he shall,
on conviction thereof, be fined in the
sum Of 81 600, to the use of the person
deprived of the rights conferred by this
act. .....-....-
Here again the man is TO get $500 from
{ the registrar, or $500 from the judge Of
election, and then II he can make out a
case against the marshal he is to get ST.
900 more. The man is to get 81, 800 for
being q good sweareT, and swearing a
case against the registrar, the judge of
election, or the marshal of the United
States. want to know where in the
world is the necessity of these penalties
to be received by the voter? Why not
leave him to his common law remedy?
That is sufficient. If any man is de-
.prived of his right to vote he has his
remedy! He has his remedy by action;
and then the jury render such damages
as are right and proper. How is it that
you step in here and provide that he
shall have $500 from the registrar or
judge of election, and 81 900 from the
marshal who has not been speedy
enough in the execution of the warrant?
l say again it is a bill for the encourage
]
ment of common infOTmeTs and perjury
not so intended, but that is its invit-
able effect. It is a bill to create race
of common infOTmeFsy and to pay them
in hard money for the perjury they may
\ commit
In the next place it is provided that
| these warrants are to run to any part Of
la State. So you can drag a man all the
way from New York city to Buffalo, or
1 from Buffalo to New York city, on the
warrant of a United States Commission
er charging that he has been guilty of a
! Violation Of some one Of the numerous
provisions of this act. Sir, do you eX-
/ pect men of responsibility and character
| to hold the OffiCe1Of- registrars or judges
of election if they are subject to such
I pains and penalties as that? Do you
I expect them to exercise any independ-
! ent Judgment and decide honestly and
correctly if they are liaale to such fines,
| penalties and persecution as this bill
F provides they shall be subject to?
j 'sHBUt, sir, that is not all. pass by sec
| ton nine, which is another section of
pains and penalties for Obstructing the
officer Then comes section ten:
THAT the commissioners, district at
tOrneys,- the maTshals, their deputies,
and the clerks of the said district, cir
cult, and territorial courts shall be paid
for their services like fees as may be al
lowed to them for similar services in
other cases. The person or persons au-
| thOTized to execute the process to be
issued by such commissioner
These commissioners are a sort OF
4 Federal justices Of the peace, as the
Senate know, who issue warrants
1 for the arrest Of offenders against the
4 provisions of this act shall be entitled to
ta,fee of ten dollars for each person he or
hthey may arrest and take before any
such commissioner as aforesaid, with
such other fees as may be deemed reas-
enable bY such commissioner for such
liotheF additional services as may be
Unnecessarily performed by him or them
lsueh as attending at the examination
I keeping the prisoner in custody, anG
providing him with food and lodging
Tduriug his detention, and until the fina
determination Of such commissioner
and in generation performing such Other
duties as may be required in the pTemi
ses; such fees to be made up in COfOrmi
ty with the fees usually charged by the
4 officers of the courts of justice within
the proper district or county as near as
may be practicable, and paid out of the
Treasury of the United States On the
certificate of the Judge Of the district
within which the arrest is made, and to
be recoverable from the defendent as
part-Of the judgment in case of convic-
ton.
The first Glling that strikes one OH
reading this section is this: the officer
! executing the warrant is to have at least
4 ten dollars for every arrest he may
finake. aA1thoug8 he may not have
walked further than from here to the
door Of the Senate Chamber to make the
arrest, and that far to bring the man be
fore the commissioner, he is to have ten
dollars for that service. Does not ev-
erybOdy see that here is Il bribe held out
4 to officers to begin these prosecutions
1t is made their duty to prosecute under
this act by a previous section of the bill j,
made the duty Of these very same Off
GERS to inaugurate prosecutions, and
then having inaugUrated them, each
man is to have at least ten dollars for
every arrest he may make. You make
it the direct interest Of the Federal Off
GERS to commence prosecutions in this
way by giving them an eXOrbitant fee.
1t isnOt q fee Of ten dollars alone, but
ten dollars certainly in every case, and
as much more as the commissioner or
/ JuuAG Inlay SGE III u dllOWV
Oh, remember what u cry we had
about that ten-dOllar provision in the
fugitive slave law! I remember how
/ Gle people were aroused at the idea that
there Should be held mt Jy the United
States to every officer a bribe, a reward
/ for beginning prosecution and persecu-
of cOlOree people! Now it is provided
/ in this bill, in q case in which
1t would be exercised a hundred times,
| yes, perhaps q thousand times, where
there ever was one exercise of il under
| the fugitive slave law, that an officer
shall be paid ten dollars for walking
across the street and arTesting a man
and taking him back across the street
| before the commissioner, and then as
much more as the commissioner shall
| see fit to allow him. Here we have
/ enormous fees to tha officer, enormous
/ rewards to the man who does the swear
! Ing, the alleged deprived voter enor-
nous penalties to the United States, and
! to cap the climax, imprisonment Of not
less than one month, and for the space
| of one year ii the court shall shall see fit
/ so 10 pronOUncel
| But then comes q most curious section
and l ask some explanation of it. l
| hope my friends of the Judicaay Com
mittee will explain this section:
SEC. II. ind be IL further enacted,
! That whenever the PresidentOf the ITGi-
ted States shall have reason TO believe
that OttenseS have been or are likely to be
committed against the provisions of this
act within any judicial district, it shall
be lawful for him, in his discretion, 10
! direct attorney of such district to attend
at such place within the district, and for
such time as he may designate, for the
| purpose Of the more. speedy arrest and
| Trial Of persons charged with violation
of this act and it shall he the duty of ev
cry Judge or other officer, when any ysUCh
requisitiOn shall be received by him tQ
attend at the place and ioF the time
therein designated.
suppose this is to constitute the dis
| trict court, court to travel around the
realm as the courts used To do in En-
gland, in procession; and / suppose
they ought to have tlIe right that those
courts had to levy provisions for the
supprt Of tie court. That was when the
king administered justice in his own
person. Then he made his progress, as
it was called, through the kingdom, and
he sent his purveyOrs ahead to provide
ample meat and drink and other prOVis-
ions for the court, and for the Judges
when they came to hold their court
When President Grant shall send Judge
Leavitt about the State Of Ohio, from
one end Of 1t 10 another, with his mar
shals to hunt up the people violating
this law, insist that he shall not be re-
quired to pay his own expenses; that he
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