The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-10-25

Il. Gs0rgs. Chairman Dem. and Coa State
Ef C0a:
DEAR sfE. ] have carefully considered
the acts of Congress. touching our NOyem-
Der election. 10 relation o. the mhttsr'sub-
mlited f,r my consideration, By a rssolution
of your Committee. These acts, ~ they re-
late 70 supervisor. oi Elections, and b. toe
Federal Mar.hals aud their dcputle. 10 the
matters Of registration a1d voting, may be
found In the Revised statute. of The United
Stats, Chapter %, psge 353. title, "The
Elective Franchise"
My conviction is. That no such Marshal
nor hi deputy. general or special, eau act
in any State, in tie matter 81 any elecfinn.
exrrpt iu cities or towns having nt least
2D.u0l Inhabitants, aud not even tu such
large phces, except when Federal ~uperyi-
surs are acting iu them, All places and
precincts outside ~ such large plarc-. and
nll such large cities and towns ln which
such supervisors are not actiug officially.
are exempt trom 1ll official iutru.iun Oi
such Marshal or biz dcputirs, fpr amy pur-
pose of nuy elrc BON, whether 10 relate to
fcWistfaiiun, or 60 voting, or 90 challenges,
or o. counting lhe votes, ~
YHDEnAL surmyisoHs' Or EtEcrioS.
Eauirh Supervisor eau De appointed un-
der thc act, except tor an election uf Rep
rrsoutafiyp or % delegate In Coggrrss. IL
mtkes NJ pr0B.aiDu flr the case OF the clcc-
ton, or appointment, ol Electors ot Pfcsi-
drut anu Nicr-rrrsijyut.
Thla act provides for the appointment oi
fisi rfiases of Suprrvituts, Witch, for cou-
vruirucr, .hlll refer to as Oi the hr.t cass,
or of the second clu.s.
Those OF the dfst elias. can De- appointed
nuiy Tor Il city or town having at lra-t
10000 inhabittpts, nnd only up.n The writ
ten request ct ut least two Inhabitants ui
The place. TuOss Of the second elias. may Ir
appotnttd fir auy rlrc'iua precinct outside
nt aufh lnrfc citips aud towns; but "uly
nppb tha written rtqurst oi ui lrh-t ten citi-
yrna uf the county uutsplr Of such large city
ar towu. The purpose OF .uch rpp"lnt-
mruIs h. declared to be, that the rcgistra-
tipu, or the election, or both, mny be
" "Rutfded aud -crutiny 'd."
Tho net authorizes the appointment ol
only two surh .nprrvisnrs Tor such large
ritbspr town. or Tor precinct outsldri ahd
they must hr rrtidrut' ~ thr rltlt lo"h' or
uutsidc prpDiRct, Tor which thrJ urr APP
uulVtrd, and can only uct thereto. Revised
ST. q. Is secs. 2Oii aul 2ll2.
a., 'dr better understanding ol the qucs-
tion Lst.-e u., 10 h proper to note" the
order of lrri. 'atton ON tIis ul1r,i. l,r ht-t
enactment was o., hur 'u'I i',iIo',,. - 80 -,
limited o. Cuuyr.- ''oh 81 rl,cs'11n7 lh 'l'l'-
aud towns having at Ir., " DOoO inhabitants.
u provided Tor the appot 'u'yls I' 'pt'.,a'
deputy marshtlf, To- AID and asr ~ ~ '"l'',
visor. of election appointed To n,' !" ,, s
large city or town, aud To Keep the e'e q.
the polls, at such election therein. stat "a
Large, vol. 10 y i33.
hy the net at Feb. -. 1871. II, too, was
limited to clscs of Congressional elections
I'm cities or towns having no least 2D,OOO M
hahiuntt. Tho S.h section of this act pro-
vldcd fpr the appointment oi special deputy
mtrshal-, tJ uii the supervisors ~ such
large cittCi, aud declared the powers nnd
dutic4 of the mnr-hnls ard their general
drpu les, aud ol such special deputies, IN
aid ct the supervisors, Ia the matters OF
rryi.j ration aud Congressional elections IN
such large cities and towns. This section ),
Of the act of 1871. I, divided into sections
2O2l and 2O2l OF the Revised Statutes. Sec-
tion ~. Of this act ct 1871, empowered the
mnrshals aud certain deputies To summon "a
ppssC epHdatus, IN certain eases, to AID them
az the discharge OF their duties under that
acc. stat at Large. vol. 10, y. i33. Th's
scctiaa Is made section 2O2i OF the Revised
statutes.
New, tits manifest that these several
sections, "a originally enacted, regarding
supervisors Of election and their powers
and duties. aud the powers aud dutles OF
marshals aud their ueputies, general aud
special, related only to eases Ot registration
aud congressional elections iu cities or
10 vns having 10000 inhabitants or upward {
and That neither the marshal nor hls dep
uties could act IN any matter oi an election
even In such large elites or towns, except
when sueh supervisors OF election were act
tn,r officially tAerciu; for Congress had not
vet provided ilr G}c appointment oi any
supervisors ofelccuon % act outside oi sucl
large city or town; nor nal II prescribed
anydufy, nor given any power, - marshal
or de ,nty, In the matter OF any rrglrtrvllHl'
or election, at any place outside OF snc'
large a y or town.
M was not until the aetOg June 10, lS12i
that provision was made for The appoint
mcut nf supervisors oC election. at pte"incts
outside OF cities aud towns having 1OiVDi
inhabitants or upward.
Rv 4 proyiso 70 this act, IL was declared
chat such outside Supervisors should nave
a'n0 aHth8rify To make arrests or perform
other duties than to be iu the immediate
pressnce OF tks officers holding ne election
and Ia witness avs thcir proceedings, in
rludng the counting 81 the votes and th'
maklug a return thereof
This CLAUSE ls made section 1929 OF th'
Revised Statutes. There was further pro
visO that the act SHOULD not be constrUst
toanthcrixe the appointment ni any deputy
narshal. This clause Is made section 2,O3'
oS the Revised statutes. No power ordutl
wkafrvcr, was conferred on The marshais o.
their daputics, by this act.
Stat. at Large vol. II. p. $3.50
ICthpn,Ws consider the questions at issue
upou the stskpteS ~ originally enacted
tberr IL not grOuud for even q doubt as 4
the tutent of Congress. But the advocate
for military coercion at elections now insis
that NH has been changed by thc mere In
,scrtiau pf the sections into the hevlse'
statutes and remembering them.
As the Revised statutes declare the ar
wapvpmsut and classification or preViou
enacttacnts into sections OF the revision
were made for the purpose OF more con
veniunt aud orderly arrangement OF IN
same, and therefore no imoencs or - sspnp
tioH ~ legislature construction tst0 oe ard'sA
from such dirlsioR iHt0 sections, or sue
arraugemCnf or CLASSIFICATION. Sec. aoOO
Thls would seem to settle the controversy
hut, passing from this point let as eopsidc
further, aud treat the question as if the'
see inns had been enacted for the hrst TIN
in these Revised Statutes.
nm. powers and duties Of certain super
vt.ors a. election are declared In Section
mia. IL. rs -l0, 10 aud -'22. All q
tbrss are cofAsl from the act OF Feb .
1871, la which the0 related only to SupervI
Vlsors appointed Tor such large city @
tewn The advocates for ssilitary force In
.sist that these sections include supervisor
appointed % act oaisldc OF such sarge cite
and towns But a. We have seen, tlle sat
ssaurnt section, 1920 applies specially 10 a
supervisors outside OF such large c'les an
towns. ard declares they shall have "nO az
Ftorify.~ and perform No duty, except TO Z
present at fte sirciioa 70 witness the pruceet
invs They are 20 be mere Observers aud Al
nst rrquircd 70 De present at any reglstr'
tion. nor even 60 make report OF neec
sitv, therefore, we must linh ths meanin
OF those prev vious sections 10 che ease
Supervisors appointed fOr city " Tow
having at least 1900 Inhabitants. seotic
Ann governs the case OF all such oulstt
SupeVVisors. But suppose that Congress q
TENDED, IN enacting those previous scotiol
In the Kssised Statutes, to include SuperN
sors appaiata1 for places outside OF sue
iarvc cities and towns. On that seppos
tion those previous sections, which impo
many duties on SUPERVISOR, are rerugna
60 that subsequent section, EoAl, and IN su'
a case the rule Is, that the subsequent So
sion, 2O2l, ls to prevail just ss II Is write
and that Il repeuis those Preuious sections
90 TAR as they are repngnant 10 ~
Quick vs.. Whitewater Township, ln'
Packer W. sunbury n. r. Co.. 10 Pl
2i0.
so that we are to read those prevlus se'
bDns, 2OlG-lT-lS-lo-2O and AVA, az if Oh,
were. IN terms, limited to the case OF supe
visors of election appointed 70 act In cities
tovvns having 20OOO inhabitants or upWar