The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-11-09


IS LARGFE THAN THE COMBINED CIR
CULATioN Of ALI. THE OTHER DAIRY
NEWSPAPERS OF THE CITY. : :
The AcTs OF CONGRESS- CoNoERNrNa
ELEcrloSs.--Five Of the ablest lawyers In
New York city have published the follow
Ing opinion. II will be seen that 1t stamps
Attorney-General AKERnAN as either a vii
lain or an ignoramus, and fully sustains
what the Dispatch has maintained as to the
Limitations OF the acts Of Congress to which
it refers. We put this opinion upon record
rs one worthy of preservation: E.s.,F
Our opinion is asked as to the powers
which may be exercised ut the polls bv
supervisors and deputy marshals appointed
under authority Of the late act of Congress.
For the purpose OF giving this opinion we
are requested to assume that these so-called
officers are constitutionally created, and
upon this assumption we proceed to state
the authority sought to be vested in tn EN-.
FrSt: BY the act approved July 14th,
1870, the person who shall he Judge OF the
Circuit Court of the United States for this
circuit is authorized, upon the application
OF TWO citizens, to appoint in writing for
each election district or precinct within the
city Of New York two citizens, residents of
the district or precinct, one from each
political party. who are when appointed
authorized to attend Mt all times and places
for holding elections of Representatives in
Congress, and for counting the votes at
said elections and to challenge any vote
offered at such elections; and to be present
and witness throughout the counting of all
such votes, and to remain where the ballot
boxes are kept ut all times after the polls
are open until the votes are finally counted.
These persons are also authorized TO attach
TO the certificate of the number of votes
cast amy statement touching the truth or
fairness thereof which they or either of
them may see fit. 1t is plain to all who read
the act that Congress has not attempted to
authorize these persons to interfere with
the election Of State officers. Their pow
ers and duties are limited TO elections for
Representatives in Congress. They have
10 authority whatever TO challenge votes
offered for any other purpose. BY statllte
OF the State of New York, passed April 5,
1870. it is provided "that the name Of the
person designated for Representative in
Congress shall be OH 4 separate ballot.
which, upon the face thereof, shall contain
a designation Of the office and the district
for which the officer is to he elected, and
which, when folded, shall be indorSed or
show 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 deposited in
this box. and in this only. They may he
present At and witness the counting Of votes
then deposited, and those only; and they
NAV remain where boxes No. , are kept
from the time the polls are opened until all
votes deposited therein are finally counted.
Nor can they atiiX their names or amy state
mcnt TO any certificate OF votes east except
those deposited for Representatives III Con-
grc>S.
The voting for state CWc,rS.-I'hc ballot
boxes in AhIch votes therefor r. to he de-
posted are As exclusively under the control
Of inspectors OF registry and elections aD-
pointed by State authority as if said act OF
Congress had not been passed. Nor'hare
those persons, under prcteXt OF supervising
votes cast or to be cast for the Representa-
tiycs in Congress, any authority whatever
to interfere with, cmharraSS, or III ANY man.
ner ohstruc. the full exercise by every
citizen OF his right TO vote lor state oIncers.
Nor have they hy said act any authority 10
en.barraSs or interfere with his right to vote
for Representatives in Congress except 10
challenge his vote when offered.
Second: By the sixth section of the act 1t
is provided that ii shall be lawful for the
Marshal of the United States for this dis
trict to appoint as many special deputies as
NAV he necessary TO preserve order at any
election in which Representatives IN Con-
grrSs are to be chosen. "And sad deputies
are hereby authorized TO preSerce orae1 at
such eiecit0ns. and to arrest for any QfenceS
or breach o. the peace committed IN thclr
rie1c. BY the fourth article Of the amend
ments to the Constitution OF the United
States it IS declared that the right OF the
people to be secure in their persons against
unreasonable seizures shall not be violated !;
and that no warrants shall issue but
upon probable cause, supported by oath
or affirmation, particularly describing the
person TO hc seized. That part Of the act
which we have talicised is in direct viola
tion of this clause Of the Constitution, and
should any deputy marshal, under pretext
Of preserving order at the coming election,
seize persons without warrant lawfully IS
sued, supported by affidavit, he will be
punishable, criminally. in the State courts,
and be liable therein for damages in addi-
tion, at the suit Of the aggrleved parties.
It follows. therefore, from what we have
already said, that any attempt on the part
ot tne deputy marshals, whether by force,
threats, intimidation. or otherwise, TO pre-
vent the free exercise by the citizen OF his
right to vote would be as unauthorized and
illegal as though attempted to be perpe-
trated by any other person. sz.
f. W. SToUGHToN.
GEORGE T1CHNoR CURTIS.
". o. BARTLETT, g.
CHARLES DoNoHUE,
. JOSEPH BELL.
Npar York, N0U. 5, 1870.