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

nav arr 81 qdIft,a by dipisioHl A. before
I sfutsd. such Out side supefvi-Or- have
. no authority. ppwer. or duty, what
ever, 10 perOrm, EXCEPT 70 b. pr seni.
at the precinct fJr whicu they are appoint
I ~. and 10 ~ itmes=" the proceedings Uf tiIe
oEceTs h0ffiHg me election; and they cannot
49, present officially. 10 the places Oi registi a
I Tim. A. the mar-hals aud their d"putirs,
general aud special. c1n a.tunder this elec
I ti1n law, only iu aid OF the Supervisors. u
would be full reply 20 his bold assertion
pf these advocates 1.-THE bayonct' 70 fay
! 1t. That this section, 2l22, eannot apply
tD tiie case OF such outside SUPERVISOR ior
I they have n01hing u do, except To observe
The procca adings Of me officers holding the
| election.
/ 2l TIo.e outside Supervisors cannot be
| present officially, at any place Of registrd-
/ ton. No Federal Official can act Officially
/ iu any registration held outside Of such
/ large city or town, and not even there. eX-
| ccpt when supervisors ot election, appointed
| f0r such large place, are acting officially
/ therein.
But there i another reply, full and con
elusive, o. this claitl Of Federal right ~ In
| terpose Federal power Ia such cases; and IL
arises on the face OF section 2022. This sec
/ ti0n declares that, "the marshal aud his
/ general deputies, and such special dcputirs
/ shall keep the peace, and support aud pro-
/ trct the supervisors ot elections Ia the dis
charge of their duties, preserve order At
/ -uch places % rrgistraii5n and at such polls
/ prevent fraudulent re- egistration aud irau-
duleut voting tucrrai, or fraudulent conduct
on the pirt % any officer Of election etc.
\ Now H. will be uuted
/ ist. That this section. 2O22 does not in
| riuGr all places aud precincts Of Tegistra-
| tiun aud election, but 10 only refers % eer-
taiu places aud precincts, By the indefinite
| rx xprrssiOn, AT such places of reg
tstrttiou, and nc such polls,' as the
/ places where the marshals AMI their general
aud such special deputies, are PquiIed ~
/ act, under this Jaw.
/ We search in vain through this section to
learn what are the places aud polls to which
| 10 refers a. "sHch places OF registration"
and "such polls" or tor the meaning OF the
| expression, "sfch special deputies - and We
are, OF necrSsity, constrained To look To
| some preceding section Oi the law to ascer-
tain what place" what polls" aud what
special deputies" are thus referred in this
section.
ia such cases, the rule T., TO refer to the
next preceding section iu which the same,
or the like words, are used. We turn TO
section 2D1l, the next preceding section, aud
the. q ilud exactly what was meant by usiag
those " Otds Of references, such places" aud
| such polls" anI "Sttch special deputies "
This section. 2O2l, relates exclusively 10
| registrations and Congressional elections,
| "hCld iu amy city or town of 10000 iuhabi-
| taut. or upward" :" and Il Is the ouly section
iu all the act, that provides for the appoint
| mrnt by the marshals, Of special deputies
/ To aid In registrations or elections. It also
| speaks Of the "paces' Of registration, and
the "poll,' of election. Moreover, there Is
10 other section Of the Statute 70 which we
can ~efer aud lyurn the meaning or those
| words. s'such places" and ''such polls" and
"such spccia, deputies,' rs used In section
| 2l2l As has been shown, sections 2Ol6-
I - . fltssUH s.l..F.t -
supervisors OF election, are TO be construed
I In the sans manner NJ If they were, IN very
words. limited to supervisors OF election
appointed tor such large cities and towns,
They do not include the outside supervisors.
I II will bo noted farther, that section
2022, on which so much stress Is laid by
| the advocates of the bayonet coufeFs pre-
cisely the same powers on 1.-The marshal and
his general deputies, and on such special
deputies section 2022 requires the mar
shuls and their general deputies, aud such
special deputies, TO act, separately or alto
grther, no the places and polls therein re-
f,rrcd To by the words such places" and
"siich polls;" and they are empowered to
act no ichere else Aud yet, the statute au-
thorizus the appointment of such special
deputies. to aid the Supervisors, only for
cities or towns Of 10000 Inhabitants or up
I ward; and shey eau act only IN such large
| pls,aesg and OnIvtw hilst the Supervisors are
unavoidable that the m2rshals and theiT
general Deputies are also restricted, in like
manner and by intent OF Congress, to the
casas Of registrations AND congressional
+, elections held in such large cities and
towns In which Federal Supervisors are
acting, under this statute,
As we have no large city or town lp thi;
State, the result is, that neither the m9rsha
! nor any OF their deputies, general or special
! can intrude under this act of Congress, MOI
act at all officially in the matter OF any reg
: i.tration or election held in Mississippi.
For the like reasons, none Of them hav'
any power or authority under this act, Il
, summon any poses s0WVatHs to aid then
, | here In Mississippi.
- III. ought not to close this part vi thj
subject without brief notice Of another bolt
a assnm ption OF the Attorney General of th'
a United Statps. lie asserts, contrary to ex
. press decisions OF The great court of thu
), Union, that Federal Marshal is, in all re
| spects. supreme over u State sheriff in tn
" execution of their official duties. Tic evel
. teaches that the high executive offices Of
State, and its Legislature In session
a and its courts Ia actual sesslon-th
Judge aud sheriff, and clerk, and attOr
: neys present, and jury, may all when actu
= ally engaged In performances of official du
!, Ties, be sgDmoncd by federal marshal, ant
y com PEELED to obey his will "a leader of
y federal posse IL was soleBlgly decided
long ago, thht Wheu shCTHt naS mauS
levy on goods, federal marshal eanno
take them from him and the reason give
: nv the court was; The property coul
/, be subject TO fico jurisdictions at the sapl
. time "-Hngan vs.. Lucas, 10, Peters Rel
!, iO3.
I. So, the same Supreme Court denies tn
4 power OF Congress TO tar State agencie
revenues, etc; aud admits, ''THE RIGHT q
p the STATES to administer their own atlail
81. A.. Ff aI4Nt
N dicial Departmental hsteq states vs.. Raj
l. road Co, n. Wallace Rep. 322 RailrOGd *
Ie vs. Pension, Is, Wallace Rep. ).
D. 10 this mOustrous claim OF the Attorney
= General Is 10 prevail. the marshals migl
n contTcl the elections; for they might sun
mon Fll the officers OF election, AS well
voters, 10 any precinct, to obey them as
n posse, and call them away. The law Z
.e Mississippi requires the sherilis, In eertsi
le cascs, to summon poSsee con,itatus, TO al
them, and gernliis them to do so, Ia eertai
r eases. Code lSYl, S235, 236.
A. Under those decisions, It Is manifest III;
Of a federal marshal canuot Law Tully interieI
s, with, nor CONTROL ne posse summOncd by
4. sheriff.
pr BY our Code, every registrar and inspct
l- tor Of elections Is made peace officer, &
rs the occasion and each OF them may, whC
- necessary, summon posse TO aid him In q
b. discharge Of his duties. Code, 1851. F'
w llMe ftAeoti- FfutNAl ilANellste NAuuNtN NtuNi
id them % their posse.
~ ". In thus presenting my view Of Il
99e construction ofthis sct, I have not deems
~ Il important 10 discuss the question OF q
re constitutionality OF its provisions. u
a proper to note here, however, certain pa
ticulars.
hg Atour November election, are to be eleC
OF Cd at least three senators and two Repr
va scntatives, to fll vacancies IN the Legal
ON ture. and at the same election there "
ue doubtless be sacrted some county officers
~ M vacancies. 10 Ibst extent at least, q
ms November election wiH Is Sigfe elecfiS
~ Tho Federal Constitution provides u
en- each Sfafs shall Gppoii,f, In such manner
81 the Legislature thsrcof NAV direct, nuT
'se Der OF Electors Of President and Vic
~ President IL only reserves to Congress 1
On power TO determine The fime Of choOsil
g the electors, aud ths day on which they sh
~ give their vOtes."-Con. L. s, Art. ?, /.
~ Neither the act uud r consideration, n
any acc ei Congress, attempts 10 reguls
d. the election OF Presidential Electors, exec
In the matter Of time, and lE prescribing th
the vote for Electors shall be by ballot.
i seems plais, therefore, that, as regar
G Presidential electors, our November ele
ey ton Is purely State election.
There are very strong reasons 10 suppo
~ like claim, Ia regard TO the election
M. Eamm -