The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-07

no just reason why 1t should be paid.
Large amounts lavishly paid to these
countless deputy marshals for doing that
which they could have no right TO do, inter
fprng with free elections TN the States. Paid
to men who, under the color OF existing sta
tutes, were not warranted In being near the
polls. Taking this law rs II stands upon tho
statute book, that, In cities having over TWEEN
ty Thousand people deputies dd libitum may
be appointed, how many or such deputies,
how much money for such purposes, IL COM
prsed within this quarter Of a million which
we are asked to vote2 Who has segregated
ths2 Who shall tell us that when tho first
law officer ~ the government the Attorney
General of the United States. has broken tho
law, when he has undertaken to recommend
to us the payment Of money for which no
cxiating law gives authority. what should be
our answer 10 hml What Ia our answer 10
any administrative officer OF tho government
who, without law to warrant 1t, makes con-
tract or lncurs an expense?
Mr.. Allison | wish the Senator from Della
ware would state TO us wherein this appro-
priation is intended ia be applied In violation
OF law.
Mr. Bayard-I Ia Intended to be applied In
violation OF law In paying men for doing that
which no law warranted their doing for acts
In which they were tdespassers, and for
which they should have been, and hope at
some day will he, punished by the laws Of the
States for their invasion Of tho rights ~ their
fellOw-citiznns There cannot he more fla
grant ana n more uAIgpIOlS doctrine IMAM Iilat
an administrative officer Of the government
can bind the people to pay money to do that
which there was no law to authorize him TO
order. That Ia what has been done In the case
now before tho Senate, and that Ia n large
part of the money which tho honorable Sena-
tor has recommended the Senate now to vote
All appropriation for.
Mr.. Allison Now, j want tho Senator from
Delaware to tell us wherein the Attorney
General of the United States has authorized
hnn tpJa ,lf ord tnI 10 an
penditure Of money not expressly authorized
by law2
Mr.. Bayard / take II for gantcd that the
Attorney General Of the United ,5tates has
recommended this appropriation
Mr.. Allison II has.
Mr.. Bayard- What Is the appropriation he
recommended Two hundred anO fifty thou
sand dollars, Of which $500 900 are for de-
traying expenses which have been Incurred N
the enforcement OF the acts approved Febru-
airy %, 1871, and May II, 1870 Now, 1t Is we'll
known to every member of the Senate, 1t Is
well known. or can be well known, to my hon
otable friend from Iowa, that perhaps thou
sands az men were employed at S. per day
for such number of days rs marshals saw fit
to employ them to attend the polls and
supervise elections. mean now deputy mar
shals cectioneering lido not stop with tho
word supervising -and interfering In cleo
lions when tho law OF the United States for
bids their presence or employment except In
cities OF n certain population.
Mr.. Allison-Now, this appropriation Is in
tended to cover the present fiscal year. DO
understand the Senator from Delaware to
maintain that during the elections In 1878,
last year, deputy marshals Were employed
and used In violation OF law; and, II he SO
charges, want him to state to us In what
States this employment was conducted.
Mr.. Bayard- Well, Mr.. President, ] think
Il Is rather cool In the honorable Senator from
Iowa, who comes into the Senate and asks rs
to appropriate $250o00, to ask me for tho
items which are within and those which are
without the law. He has come here and asked
us for a sum In gross. Senators on this ilOOr,
from Louisiana In one case-for one case is as
good as a thousand tell you that that State
was deluged with deputy marshals at polls
where they had no right under the law to go,
that is TO say, they DID 60 70 towns having
less than 10000 inhabitants. The same thing
ators are hero to speak for themselves.
Mr.. Allison But that was In the year 1876,
two years ago, appropriations for which We're
made in 1877.
Mr. Bayard-1 do not mean to say how far
back you may go to 1876 or 1878.
Mr. Withers- This bill is for 1873 and prior
years.
Mr.. Mcdonald In answer to the Senator
from Iowa, | wish to say that In South Caro-
lima, outside of cities OF twenty thousand In
habitants, there were numbers Of deputy mar
shals.
Mr.. Allison Undoubtedly the marshals OF
deputy marShals.
Mr.. Bayard- To supervise elections at cities
OF less than twenty thOusand2
Mr.. Allison-Tbey have authority to ap-
point deputy marshals to preserve the peace,
rs the States have authority TO appoint do
putty sheriil5 to preserve the peace OF the
county; and that Is all, as | understand 1T,
that has been done In the State of South Car
DINA.
Mr.. Bayard- 1 state In the presence of the
40, nf.hvl from ,nIiGi nn ~
on what understand to be their authority,
that in towns containing less than 10000
people, under this enforcement law, the adj
ministration assumed to send, and did send,
deputy marShals.
Mr. Eustis- Any number OF them
Mr.. Bayard-Yes. any number of them.
therefore say MIR. President, that even were
In favor OF the method in which this law
has been administered, 1 should feel myself
bound to object to this appropriation. How
much more is my disposition to resist
this amendment increased when | see the
claim of power with which this law has been
at the last election In 1878. as
we'll as In 1876 ? | see In 1t almost an abnega-
ton, almost denial, of the principle OF free
election by the people. which 1t is necessary
that we should maintain If we ever expect
under the forms of law to redress abuses or
TO reform systems and change our rulers.
Mr. President, / believe that all over this
outside of those heated partisans
VINO make up Jne TAllk anu Llt Hle VI llb TWO
great parties, there stands an authoritative
mass OF Intelligent, independent, upright,
American citizens, who will
never consent that the principle Of free cleo
ton, that great safety-valye, that great
American substitute for revolution, shall be
invaded or overthrow, directly or indirectly.
When the American people, having the facts
and the issue broadly, fairly and openly pre-
7ented to them, shall say that 1t Is lawful for
the executive branch OF the government to
have unlimited power to take possession OF
all the police powers Of any State, to place at
the polls an authority paramount to any
which the State could place there, officials
without number, beyond the power Of arrest,
officials paramount to any State authority, /
and SO 90 through the form of an election, or
allow the people to 90 through it, in the
grasp OF such a mighty power as | have de- I
5erl3ed, say, when the American people |
snail look on and decide in favor of that, then |
my hope OF republican government in this /
country will have died within me. do not |
beiieve they will ever SO decide. I do not |
believe that they are prepared to part with /
their liberties: | do not hnIieIa that when