The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-09-20
CROOKED CIRCULAR.
TAFr's LETTER TO THE MAR
SHALS.
a Citizen Reviews the Document
and Shows its Uncon-
stitutionality.
A REVIEW OF THE CIRCULAR LET

OF THE ATTORNEY q aENERAL OF THE UNITED
STATES TO THE MARsHALs OF THE UNITED
STATES IN RELATION TO ELECTIONS.
: This circular instructs the marshals that
in all elections at which members OF the
House of Representatives are chosen and
electors for president aud vice president
are appointed, it will be their duty to
keep the peace at all places of registra-
ton or election, "snd that they will be
held responsible tor all breaches Of the
peace of the United States, which dill
9ence on your (tbeir) part might have
prevented and Tor the arrest and securing
of all persons who violate that peace" in
certain enumerated respects, viz: By OBJ
structing or molesting, by violence,
threats or otherwise, any voter in the ex-
erc1se OF bis right to register aud vote, or
any supervisor IN the performance OF mis-
duties. Ii then proceeds 70 inform the
marshsls that the special deputies, which
they are authorized To az )int in cities OF
twenty thousand or m 70 inhabitants by
section 2021 OF the Revised Statues,
shave peculiar duties assigned TO them,
duties which other wise do not belong to
deputy marshals." This seems to be
eorrecs. But IL then proceeds, "the duties
assigned to marshsls and their d puties by
section 2022 or other like statutes belong
to all duly appointed deputies, whether
they be general or special" These sec
tions are appended to and trm part OF
the circular. Section 2022, which pre-
scribes certain duties, which this circular
says belong to all deputy ma shalS, pro-
vides that the general and sps cial deputies
shall attend at placos of registration snd
election, "preserve peace and order al
such places of registrau and at such
polls prevent fraudulent registration aud
fraudulent voting herest, or fraudulent
aOndnaf IN, f.f OffioQ n GtQQ-
tion. and immediately, either at the place
Of registration, or pOlfiug place or else
where and either before or after register
ing or voting, To arrest and take into Gus
t0dy, with or without process, any person
who commits, or attempts or offers To CON-
INIT, any of the scts or offsnces prohibited
herein, or who commiis auy Off-nce against
the laws OF the Unite6 s stes."
THE MEANINa OF THE CIRCULAR
Is that these extraordinary powers, includ-
ing the power to arrest with or without
process, are con erred on all deputy mar
shals, aud can bs exercised at all places of
registration and election. But the section
in terms confers these extraordinary pow
ers on deputy marshals st 'such places OF
registration" ano "such polls" only as are
referred to In the prect ding section, and
are such as may be established in cities OF
2c 900 or more Inhabitants. Toe words
"such" in both instances refer to the inn
mediate sntecedents in the preceding sec
ton, which only applies to cities OF 20 600
or more inh abitsDts These two sections
2O2l and 2022 of the revised statutes sre.but
q reprint OF the eighth section of TIE
ninety-ninth chsp,er OF the United States
session acts of 1871, with slight chauge OF
phraseology (sugzested by tbs tsste or de-
sire for brevity of the compilers) and dis
ruption of the original one section into the
two, 2021 and 2022, as they now stand In
the revised statutes. The original eighth
section OF the act of 1871 only sp-
plies to cities OF 10000 or more
Inhabitants, and il provides for n
attendance of deputy Darshals at places
of registration or election outside OF such
cities, and confers no ex rsOrdiDsry power
on deputy marshsls TO arrest without pro.
cess outside of such cities. Toe original
law, the reprint, in the revised statutes in
Substantially the same language must
mean the same thing. Its meaning is not
uttered by ne division of the original one
secti into two. There is no law of the
United s stes that requires che attendance
OF deputy maTshsls st D aces OF registra-
tion or election outside OF ties of 20 900 or
more Inhabitants, or coniers any extrsOT-
dinary powers outside of such cities. The
sections 2011 and 2O12 provide for the ap-
pointment and attendance OF supervisors
In counties Gnd parishes, but no deputy
marshals. The msrsf al might send them,
but they would be clothed wi b no sx rs-
ordinary powers. The original Law, the
eighth section OF the act OF 1871, and the
sections 2021 and 2OL2 of the revised
statutes, will be appended printed in juxts
position, and by comparison they Will oe
found to mean the same thing, and indeed
to correspond a most verbatin. But this
power to arrest without process is
FORBIDDEN BY TIE CONSTITUTION
of the United States in cities of 10000 or
more inhabitants and elsewhere. 'sThe
right OF the people to be- secure In their
persons shall not be violated, and no war
rant shall iss 10 but upon probable cause,
supported by oath or affirmation, and par
ticul-rly describing tae persons
TO be seiZsd."-[Fonrth amendment to the
constitution. mo psrson shall
be deprived OF hf., liberty or property
without due process OF Isw."-TFifth
amendment to the constitution. The COZ
stitution says cit zen shall not be ar
rested without due process OF law, and de-
fines what IL meant by due process, viz (: q
warrant based upon an sffidavit. Ibe Sec
ton 2o22 of 6 q Revised Statutes and the
attorney general say he may be srrs ssed
with or without process" The two pro-
visions can not be reconciled, and the act
OF Congress ana the opinion of the sttor
Dey general must yield. But it is said
Congress has power. under the constitu-
ton, To adopt appropriate legislation on
this subject. There can be no apr ropriste
. legislation to repeal 40 article OF the con-
stiturion. Ii Congress can repeal one, IL can
repeal any and all others. II may
repeal those articles which estab-
lish the legislative branch of the gov
srnment. or which establish the judiclsl or
the executive, or all three, and destroy the
government SELF circular ot the :
torney- general aod commission as mar
sbal or depu y marshal will hardly pass
for due process n law tn srrest a man. In
August. 1862, fsgrsnte bello, the secretary