Wilmington daily commercial., 1874-11-02
FIRST EDITION.
rhc Enforcement Act.
LETTER OF INSTRUCTION FROM ArTonSEy-oESEn
Al wIIIIAAIs TO D. 8. nTARsHAL DUNN.

LETTER OF INSTRUCTION FROM ArronSEY-oESEn-
Al WILLIAMS TO U. 3. MARSHAL DUNN.
1t was report around town. last week. that |
Senator Bayard had advised Mayor Simms that
the United States law, By which tho L. y. Mar
sha is empowered TO appoint deputies to keep
the peace at elections for members of Congress-,
was repealed Or imperative, and that the police
need not regard the authority OF any
such marshas. The Mayor was called on by
representative OF the COMMERCIAL, and inquired
of in regard TO tic report but declined to give
any information concerning it.
The Marshal, ON Saturday morning, received
the following instructions from the Attorney
General -
DEPARTMENT or JUsTIcE,
WAsHtsaTos, Oct. 30 1874.
John N. Dunn, u. S. Marshal Wilmington
DEL, Sir
have received your letter OF 28th inst, in
which you inquire as to the duties required of
you by the Acts of Congress- passed 'to enforce
the right Of citizens 10 vote in the several States
of this Union.n
The duties of Marshals and their deputies
when Representatives or Delegates to Congress
to be voted for at elections, in cities or towns
Of twenty thousand inhabitants and upwards, are
plainly set forth in tho Sth section of the Act Of
February 28th. 1871, DC stat, 1867 There can
be no doubt that power is here given TO Marshals
and their deputies, to keep the peace, to make
arrests and to discharge the other duties required
of them by the Enforcement acts. There has
been no repeal, alteration or modification of the
provisions of this section. They arc still in full
force and effect. You remind me, however, that
it ID thought by some who oppose or desire TO
evade these acts, that the clause of section 8,
which prescribes the duties of Marshals at cleo
tions has been repealed by subsequent acts, and
that of June 10th, 1872, is specially pointed to,
as having this effect. The purpose of this act is
to extend to counties and parishes the provisions
concerning Supervisors Of elections, which, by
tho Act OF 1871, Sec. 2, were confined to cities
and towns of twenty thousand Inhabitants. can
find nothing in the act of 1872 on stats, $3.50
which, when intelligontly construed according to
the rules OF law at all nterferes with the clause
of section Of the act of 1871, which preacribes
the duties Of Marshals and their deputies as to
keeping the peace making arrest e.c., at cleo
tions.
Congress, however, has removed the question
beyond controversy. In the Revised Statutes
passed at the last Session of Congress, these
laws called the Enforcement Acts arc consoli-
dated and ro-enacted under tho title " The Elec-
tive Franchise" Revised Statutes, Title 26,
page 3l3l.
In Sections 202l and 2022 the provisions of
Section OF the Act OF Feb. 2S, 1871, are repro
duced almost verbatim.
The very slight verbal changes do not at all
affect tho substance or the sense OF those pro-
visions.
Section 2022 begins thus The Marshal and
his general deputies and such special deputies"
Gas those provided for in Section 202l) "shall
keep the peace and so on, following the Ian
guege of said Section b word for word, except
that for the words "by tins act or the act here
| by amended" il substituted the single word
"hereinr
The reason for the substitution s, that all these
Enforcement Acts, arc brought into one, under
| the title above given. Those parts of tho pro-
viso to the act OF June 10, 1872, upon which, as
presume the suggestion Of u repeal by impli-
cation of Section of the act of 1871 is founded,
read thus in the Revised Statutes Section 202S
| No person shall be appointed supervisor OF
detection or n Deputy Marshal under the pre-
ceding provisions, who is not at the time OF
'' Ills appointment, qualified voter Of the cil,
tocn, county, parish, election district, or voting
"precinet in which his duties are to bo per
90 formed"
Section 2O3O. Nothing i'll this title shall be
construed to authorize the appointment OF any
Marshal or Deputy AIarshals in addition tc
those authorized by law. prior to the tenth day
| Of june eighteen hundred and aeventy-two
| BY this section your authority to appoint depu
ties is such, and only such as it was under this
Act Of Feb. 20, 1871, and prior Statutes
| Your duties, and those Of your deputies, al
plcaes of Registration and polling places wher
elections arc held for Members OF the U. s
| Ioust oi lbllehtnIhlNes, hIe IIociSel lHphs
laid down in Section of the Act of Feb. %
1871.
will only add, in conclusion, that the Gov
ernment regards Il matter of great moment
the prompt and intelligent execution of thes
laws, and that it expects of its officers firm, ear
nest and resolute action in the performance o
the duties which they enjoin.
! nm very respectfully,
GEO. II. WILLIAMS,
Attorney General.
CONCERT OF ACTION ~ MARSHAL DUNN AND TIL
MAYOR.
Marshal Dunn had an interview with Mayo
Simms, this morning, and stated the nature o
the instructions he bad received Tho Mayo
replied that he h ad no doubt AZ to the Marshal
authority under the Enforcement Act, and it wa
agreed between the two officials that they woul
Cooperate tomorrow for the preservation O
order, and the prevention Of illegal voting.
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