The New York herald., 1872-10-26

Vn0 1oUhoSk0tA08 on4 BAo0Gh0o LAW
A Warning 60 An whem II May
Concern.
The present Presidential campaign has been
one of deplorable personality, and has been
productive of much ill-feeling among those
who take an active interest in politics. Old
parties have been broken up, and men who
have for years past been fighting on the same
side now find themselves for the first time
arrayed against each other. 1t has been q
season of civil war among the politicians, and
all the passions engendered by internal strife
have been called into play to embitter and
Intensity the contest. There has never been
an election since the formation of our govern
ment in which it was more desirable that
prudent citizens should do all in their power
to calm the troubled waters of political con-
tention and to allay the popular excitement
provoked by the struggle The party organs
have been reckless in their attacks and care
less of the result their apparent object
being to fan the flame of discord and
| to increase the violence of factional hate.
In this city the complication Of our
raj irritation of the Presidential issue,
and some alarm has been felt least the election
should be marred by disorder and violence.
Under these circumstances we regard it as un-
fortunate that any difficulty should have
arisen in regard TO the registration and cleo
ton laws, now enforced for the first time in a
Presidential contest, or that those charged
with their execution should have found it
necessary to put themselves Extensively in con-
tact with the people,
The case of Mr.. Heinrichs has already been
fully reported in the HERALD. This citizen, a
German by birth, was arrested on warrant
issued by United States Commissioner Daven-
port, who acts as Supervisor under the
national election law, charged with violation
of the provisions of that law. A deputy ap-
pointed by the Supervisor visited Mr.. Helm
richs' house for the purpose of verifying the
registration list. It is charged that he acted
insolently and arbitrarily, that he endeav-
ored to force his way into the premises and
that Heinrichs resisted his entrance. At all
events dispute arose, resulting in the arrest
of Heinrichs, and it is certain that in the sub
sequent proceedings Commissioner Daven-
port, before whom the accused was taken,
evinced no spirit Of conciliation. Mr.. Helm
richs was held to bail, and other arrests on
similar charges have subsequently been made
The trouble arises from conflicting interpre-
tation of the law regulating the powers of the
Supervisors of Election. Commissioner Da-
venport holds that in the verifcation of regis
trntion lists his deputies have powers equal to
those of the takers of the census, and may
enter houses, demand answers to their ques-
tions of theinmates, and arrest all who resist
or refuse to make reply. On the other hand,
it is contended that the Supervisors OF Elec-
ton and their deputies possess no such
powers; that the law authorizes them to
''verify lists of persons who may register or
votein elections tor federal officers, and to act
as witnesses in the election proceedings, the
counting of votes and making returns
AS originally passed the law possessed
some Objectionable features, giving very
arbitrary powers to the deputies; but an
amendatory law passed at the last session of
Congress expressly provides that the super
visors ''shall have no power or authority to
make arrests or to perform other duties than
to be in the immediate presence of the officers
holding the elections, and to witness all their
proceedings, including the counting of the
votes and the making q return thereof
These are the words Of the supplemental and
are distinct and plain enough But Commits
sioner Davenport falls back on the plea that
this clause does not apply to the supervisors
in cities of over twenty thousand inhabitants,
and that the powers Of arrest given by the
original law-to wit, powers equal to those of
the census commissioners still in his
hands. This position we believe to be
untenable. 1t was clearly the intention of
Congress to limit the arbitrary and objection
able powers at first conferred upon
the supervisors of election, and while
giving them every facility to act as q
supervising power over registration and voting,
to prevent them from doing acts in clear con-
fict with those provisions of the constitution
of the United States which secure the people
against unreasonable searches and seizures in
their persons, houses, papers and effects, and
which provide that no warrants shall issue
except upon probable cause, supported by oath
or affirmation, and particularly describing the
place to be searched and the persons or things
to be seized. We believe that Commissioner
Davenport has transcended the law in the
course he has pursued towards Mr.. Heinrichs,
and that while he has unquestionably the right
to verify the registration lists by all reasonable
means within his power he has no authority
to issue warrants and arrest citizens at his will
for alleged violation of the law he is called
Cured under the law they must be enforced in
legal manner
Apart from the letter of the law, we regard