The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-10-19
Legal Opinion Of George &. PoifrI
on the Acts Of Congress Esc-
Iating 10 Elections
lcoScLrDrp IRON YrsrraDAY's nD1rlos

~ 49,
CONCLUDED FROM Yesterday EDITl0S
II will he noted further, that section
2022, on which SO much stress j. laid by
the advocates Of The bayoBef, coufer- pre-
cisrly the same powers on the marshal nd
his gene raj Deputies, and on such special
deputies Section 2022 requires the mar
shals and their general deputies. and such
special deputies, to act, separately or alto
gethcr, at the places and poll. therein re-
frrred 10 by the woes such places, and
"ucl pplls;" and they are empowered 10
act no Uhsre else. Aud yet, the statute "a
thorizes the appointment OF such special
deputies. TO aid thu Supervisor, only for
cities or towns OF 20 900 Inhabitants or uy-
ward; aud ;hey can act only IN such large
! places, and ouiy whilst the Supervisors are
/ acting officially therein. The conclusion T.
| unavoidable tbat The m3r-hals and their
general Deputies are alsb restricted In like
nahlcr and by intent Of Congr ess. 60 the
cases Of registrations and congressional
elections held in such large cities aud
towns ~ which Federal Supervisors are
acting, under this statute.
A. Ne have no large city or town In this
State, the result Ia, that neither the larshal
nor any of their deputies, general OTspecinl,
can intrude under this act OF Congress, nor
act at all officially IN the matter OF any reg
istration or election held IN Mississippi
For the like reasons, none Of them have
any power or authority under this act, to
summon any pDsse c0mltdtus TO ald them
here In Mb.Fappi
Ill | ought not TO close this part OF the
subject without btiel notice Of another bold
assumption Of the Attorney General of the
United States He INSERTS, contrary 10 ex-
press decisions Of the great court Of Tie
Unlon, That Federal Marshal Is, In all re.
spccts. supreme over a State sheriff Ia the
execution Of th,ir official duties llo even
teaches that the high executive Offices OF a
State, and ia Legislature IN session.
aud its courts in actual session-the
judge and sheriff, and clerk, aud attOr-
neys present, and jury, may all when actu
ally engaged in performance OF official dl-
ties, be summoned by a federal marshal, and
COIN PEELED to obey his will ~ lender OF u
federal posse Il was solemniy decided,
long ago, that when sheriff has made II
levy on good, n federal marshal cannot
r take them from him and the reason given
by the court was: 'The property could
be subject 20 too jurisdictions at the same
Time -llagan vs., Lucas, TO- Peters Rep.
i03
So, the same Supreme Court denies the
power OF Congress to tar State agencies,
~ G,.,as 20 "i,,i,t.,,,r W
, ,hsa,,,,h ,ioir la,tsI,ti,,o avan,,,i,n a,d ~,
Ji,taI ni,,,rt,,,a,s,s - n, itai O.. -. - ~
e rnaI ~ ~ W.,iieco ~, 40 n9il,L ~ ~"
az poristnn ~ WoIi,an 10, ~ ~
III. ,,,,,.t g ",ai,n 'g ti :" A,,oro,.
General Is to prevail the marshals might
/ control the elections; for they might sum
mon all the officers OF election, rs wen as
'a,,d LII f,taa, w Wv M wv ~ :,
WIssis,i"yJ re,,,,t."s ,hc eL,,,iTi ~ ,o,,,t,'
a.''s ~, $500 ~ 'V ~, ,' :,
,Lon anil srj,o AJAX, -, y" a.
a.au ~, "nt P iSgi t1g5 S9e ''' ~ '0'
Tnder thosn dr,i .i1ns H. IA manila, ~ a,
t,da,I ,n,sl,i c,,,,, Ian Ill, 80 20, ''"V
,itb NOR central Ge ,osso .,,,,,,o,,,J ~, y
, shorig '''''''" "
'" Re- ' arr C.dc eve,v rsctstr,c and ,,.,oo
TOR oS ciections ia mode n"ac "' MA 'mspt ~
tLe orcnslon. md ench of t,,n,, ,na, ~,
nsccssory s,,,,n,n, sse ~ Ill H., NJ, ,In
Jischaree of nj. d"i,os GoI" Hqn7 III LIZ S,,o
Iil,e rnnsons FedornI mnrsh,Is ca,n"t ,,,t r,i
,hcr, me- tho,, mos" ''''''' '''''''' eV'''o "
III, Ia thns nrsso,,,,,,, ma, ,,,o,, 4s,La
Iconsinetion ofthIs nel. Fbaye nAt dieun.r{
IL Inlportant TO discuss the question on the
constitutionality of its nrovisions n ia
proper TO note here. howryer, certoi,s nar-
tIrulsr. ''''" pa
Atonr November election arc IN Ia s,eet.
ed Mt least three Senators and two penre-
sentotIyes. TO M vacancies i'm The IegI.la-
ture. and NJ the same pl,ction thers viii
doubtlcss be elected some conntv opice,s 70
I'm vacancies To That extent M lest tho
November election viii he n S,ate slac,San
The Federal Constitution nrovides that
seocL St1te shall 0nnoint in surh ,osnnor as
the Icgjsloture thereof NAV dirrnt n MN
her of ElectorsD Of prrs}dent AID Vic'..
President IL only reserve. IN Tongr.ss tbo
mower To determine "tbe tio,e Of CHOOSING
| tbr rlcctors md he do,, ~, wLicL th"v Ill
olive tbeir votes Con II \ A. y 4
Nai,her tho act md > cansidarat , non
INV oct ot Conorrss attemnt, 10 ,e,ist.
shs al',.tton ~ prastIatinI =! W 80
~ ~, ,at,, 81 49, a, a. 7 eAtep,
tho ro, to EInct"'s' saii ~ G V"'
Wy s,,,,, ,lai. ,taroe,n, =, ny ua'ot.
prcs5don,jdi Ia" 'i,.trs yi",, ~ Iesdius
t,an ~ ~, W. No'e"ioer eie'-
''T Th a. 30" aro ,or p'u'o $500" =.
ILL., oIni, ~ ',,W ,s ,N a. IL ~ uPp"..
Renroson,at,,o. Il, :" '.'1 v,VI''ol "
~ " 80 ' W. ~ Wv .Iea'