The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-10-18
legal Opinion Of George T.. Potter
ON the AcIs Of Congress Re.
Iating 10 Elections

H. Il. George, Chairman 1 en-. and Con. State
! EL Conn:
DEAR SIR: | have carefully considered
the acts of Congress, touching our Novem-
Der election, in relation to the matter sub
mitted for my consideration, by a resolution
of your Committee. These acts, as they re-
late to Supervisors OF Elections, and to the
Federal Marshals and their deputies in the
matters OF registration and voting, may be
found in the Revised Statutes of the United
States, Chapter 2G, page 1853, title, "The
! Elective Franchise
My conviction is, that no such Marshal
nor his deputy, general or special, can act
| in any State, IN the matter OF any election,
except in cities or towns having at least
10000 inhabitants, aud not even in such
| large places, except when Federal Superyi-
sors are acting in them. All places and
precincts outside OF such large places, and
| All such large cities and towns in which
such Supervisors are not acting officially ,
are exempt from all official intrusion OF
such Marshal or his deputies, for any pur-
pose of any election, whether it relate to
registration, or to voting, or to challenges,
OF 10 counting tue VOTES, elc'
FEDERAL SUPERVISORS OF ELECTION.
No such Supervisor can be appointed un-
der the act, except for an election OF a Rep
resenJatlye or a delegate in Congress. 1t
makes no provision for the case OF the cleo
ton, or appointment, OF Electors OF Presi-
dent ANA Nice-Prcsident.
This act provides Tor the appointment OF
tloO classes of Supervisors, which, Tor con-
ypniatnpn 1 hail ret m. ~ nf "a tr-t al,
or OF the second class.
Those OF the FIRST class can be appointed
only Tor city or town having at least
! 10000 Inhabitants, and only upon the writ
cn request OF at least two inhabitants OF
! the place. Those OF the second class may be
appointed for any election precinct outside
OF such large cities and towns; but only
upon the written request OF at least ten cti-
Gems OF the county outside OF such large city
or town. The purpose OF such appoint
ments is declared to be, that the regstra-
ton, or the election, or both, may be
guarded and scrutinlZed,"
The act authorizes the appointment of
only two such supervisors Tor such large
| city or town, or Tor precinct outside and
| they must be residents OF the city, town, or
outside preciHct, Tor which they are APP
pointed, and can only act therein. Revised
Stat. u. 5 Sees. POLL and 20l2.
For the better understanding of the ques-
ton before US, it is proper TO notice the
order OF legislation on this subject. The first
ena tment was made July ii, 1870. lG was
uni ed TO Congressional elections in cities
and towns having at least 20, 600 inhabitants
1t provided for the appointment Ot special
deputy marshals, to aid and assist the super
ylsUrs of election appointed to act in such
La sc city or town, and to keep the peace at
the polls, at such election therein. Stat. nc
Large, vol. Ii, p, 433.
This act was superseded, in this respect,
by the act OF FEB. IS, 1871. 1t, too, was
limited to eases of Congressional elections
IN cities or towns having at least 10000 in
l. lbitants. The Slh section OF this act pro-
y,ded for the appointment OF special deputy
marshals, to AID the supervisors in sucn
large cltlcS, and declared the powers and
uutes of the marshals, ard their general
deputies, aud OF such special deputies, in
ana OF the supervisors. in the matters OF
registration and Congressional elections in
sueh large cities and towns. This section s,
OF the act of 1871. is divided into sections
2O2l and 2022 OF the Revised Statutes. Sec
zion II, OF tnIs act OF 1871, empowered the
marshalS aud certain deputies TO summon a
posse c0nitdtuS, in certain cases, to and them
IN the discharge OF their duties under that
dct. Stat. at Large, vol. IL, p. 4l3. TINS
section is made section 2024 of The Revised
Statutes.
Now, it is manifest that these several
sections, as originally enacted, regarding
supervisors of election and their powers
and duties, aud the powers aud duties of
marshals aud their deputies, general ana
rpeclal, related only u eases OF registration
and congressional elections in cities or
towns having 10000 inhabitants or upward;
and that neither tho marshal nor has dep
titles conld act in any matter OF an election,
even IN such large cities or towns, except
when such supervisors OF election were act
ing officially therein; tor Congress had not
yet provided tor the appointment OF any
supervisors OF election 10 act outside OF sucn
large city or town; nor had il prescribed
any duty, nor given any power, To marshal
or deputy, in tue matter ofany registration,
or election, nc amy place outside OF such
large ciIy or town.
1t was not until the act of June 10, 1872, /
that provision was made for the appoint |
ment OF supervisors OF election, at precincts
outside OF cities and towns having 10000
inhabitants or upward
BY proviso 10 this act, il was declared |
that such outside Supervisors should have /
"Ro authority TO make arrests or perform I
other duties than to be in the immediate l
presence of the officers holding the election,
otN w "ishNSS 'tA NuNii PipCtSuiusSt lu- l
GLIDING the counting OF the votes and the .
making return thereof "
This clause is made section 1920 of the
Revised Statutes. There was a further pro-
vlso that the act should not be construed
to authorize the appointment oil any deputy
marshal. This Clause is made section 1850
OF tue Revised Statutes. No power or duty
whatever, was conferred on the marshalS or
their deputies, 10y this act.
Sat. at Large vol. IL. p. 34S-9
lf,then,we consider the questions at issue,
upon the statutes rs originally enacted,