, 1872-10-25

G4A5Ao July A41AA WIZ 50 f4N4tAtAJ o0Ao0ANoA VIII
other eleven men for their stupidity in differing
THE ARREsG OF HEINRICH.
The moat fragrant outrages that have yet been
attempted by the authorities of the Federal Coy
crnment, Under cover OF the law known as the
Enforcement act, have occurred in New York
City within the past week. The first instance
was the arrest, on Saturday, Of 4 reputable Ger
of United States Commissioner Davenport, who
exercises the dual Office Of Prosecutor (as Chief
Of the Supervisors Of Election), and Of Judge,
by virtue Of his commission from the United
States Government h1r. Heinrich had distin-
Suishcd himself in his ward, and among his
countrymen, as champion Of the Liberal moye-
ment. This led to the visit OF q Superrisor-
appointed under the Enforcement act-who
questioned Mr.. Heinrich as to the length
Of his residence in the country and
his qualifications rs a voter. A series
Of impel tinent inquiries eliminated in
the Supervisors demand to know Mr.. Helm
rich's age. h1r. Heinrich resented this piece Of
impertinenc CO, and was prompted to eject tho
Supervisor by force, the latter refusing to leave
the promises voluntarily. Thereupon Mr. Helm
rich was tsrrosted, and dragged before United
States Commissioner Davenport, who impro-
vised e court in his room at q hotel, ordered
hfr. Heinrich to jai1 for resisting one OF his
officers, and refused to accept bail, though ten
times the requisite amount Of surety VAS prof.
tered. As this was Saturday afternoon, Mr.
Heinrich lay in prison until Monday, and even
then it waB only after ha1eas corpus had been
applied for that Davenport consented to take
bail for tho, prisoners appearance.
In spite OF the universal condemnation
which this high-handed proceeding elected
from the press the telegraph Of yes-
terday brought the Information that Com
missioner Davenport had caused the
arrest Of fInother citizen, Mr.. Chas. Hussey,
upon similar grounds. Mr. Hussey had refused
to answer the questions of one John Hoenan,
special Deputy Marshal, and had also attempted
to eject hi1n from his premises after Hecnan
had refused to leave. When brought before
OAftupo1kr I'LL. 11N6bt3 6d4A LQat At AAA 19&tu LII
one Of the morning papers that citizens we're not
obliged to answer questions put to them by
these special officers OF election, whercat one Of
the politicians present exclaimed that the editor
Of that paper must DO arrested too.
The law under which these outrages we're per
petrated is piece Of patchwork, which the last
Congress virtually destroyed in the effort at
mendng it. 1t consists of three parts, the first
Of which was approved nIny 81, 1870, and
provides generally for the protection Of
or previous condition OF servitude. It defines
tie duties od District Attorneys, Marshals Depu-
ty Marshals, and United States Commissioners
in enforcing tile law, provides for the prosecu-
lion of Offenders in the United States Courts,
prescribss the penalties, and WAS intended to
protect tho negro race in the exercise Of their
now privilege Of suffrage. The second part Of
the law an eet approved Feb. %, 1871, gave it |
special application to cities having population
Of more than 20, 600 Inhabitants, and was partic-
ularly intended for New York City. This act pro-
vided for the appointment Of two Supervisors OF !
Election at each poll, and for keeping the Cir |
cult Court Of the United States open to hear
any cases Of alleged violation Of the Reeistra-
lion laws that might bo brought before it. The |
law also provides that United States Marshals |
shall have the power toappoint special Deputies,
and fixes penalties for resistance to these Dopu-
lies or to Supervisors in the discharge OF their |
dutieB,-these duties being to challenge the right |
Of registration or voting and to see that every- |
thing in regard to the election is conducted |
fairly. This amendment applies to elections in all
DISTRICTS and it is as valid in New
York and Chicago as it is in Charleston and
Richmond. But, as the law throughout bears
upon the duties Of tie Supervisors and Deputies
at the polls, it does not seem, SO far, to warrant
the invasion Of g citizens house and home for
the purpose of gratifying curiosity or intimidat-
ing voters. If such construction we're possi-
blo under the second act, the third act. passed |
On the last day Of the last session Of Congress-,
demolishes 1t completely. This third part Of the
law extends the jurisdiction to the
country districts, but falls to provide for the ap-
pointment Of special Deputy Msrshals; it pre-
Bcribes the duties of Supervisors in such man
ner as to render the conduct of Dayenport
and his assistants amenable to legal punish
ment. sand provided further" says this act
j" that the Supervisors herein provided for shall
have no power to mako arrests, or to perform
other duties than TO be in the immediate presence
Of The officers holding the election, and to Witness
all their proceedings, including the counting Of
the votes and the making Of return thereof"
This act, passed in the shape Of an amendment
to the preceding acts. diyests the law Of any