Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-05-29

I
duty of these officers to seize and open
those boxes and to count the ballots |
con ntained in them. Extraordinary in.
Atructions were given by the late Attor.
ney General Taft 10 the United States
marshals in 1876, and which were, by
strange minglng of the civil and mill
tary authorities, promulgated through
the War Department in the form Of
general order.
without stopping now to comment at
length upon his extraordinary construc.
ton OF statutes. desire 10 call the at
tentton OF the committee 10 the fact that
they contain Il clear misapplication Of
the opinion Of Attorney General Cush. |
ing III relation TO the right Of the mar
shais to summon posse eomitdtUS. II IL
not true that Mr.. Cushing ever gave
any opinion to the effect that the mar.
shals had the right to summon either
the citizen or the soldier to assist him
IA possc con'itatuS in the performance
OF any duty except the execution OF
process issued from the courts Of the
United States. No Attorney General.
80 far as ! know, except the one who
issued these instructions, has ever de-
cided that marshal had power TO sum.
mon apos1e TO assist in preventing dis.
order" that il, in keeping the peace
Dir. TAFT claimed that il was the duty Of
these officers TO preserve "tbe peace
OF the United States" thing which
venture to say was never heard of until
this document was promulgated. had
occasion the other day, in the discussion
OF another matter to say something in
relation TO the respective powers of the
State governments and the United
States government in matter Of mere
police regulation, and ! desire now
Almply 10 call attention 10 what has
been said by others upon the same rub.
.Jcct in order that their opinions may
be presented 20 the committee in
compact and convenient form. dis.
tinruished judge in Vermont, Judge
Redfeld, says:
I This power of the State crtends 20 the
/. protection Of the lives, limbs, health, com
fort and quie; Of oil persons and protection
Of all property within the State.
Judge Cooley says:
In the American constitutional system
the power to establish iAe ordinary rcgula-
lions o! police has been left with the IN
d'vidual States and cannot be assumed by
The National Government.
1t is a power TO preserve domestic
order st all times and AT all place.
within the limits Of the State. and con.
sequcntly it can be exercised by the
State and by the State alone. for the
prevention Of violence or crime or. in
other words. 10 keep the peace. Many
years hFo hI. Justice Story, in deliver.
ing an opinion IN the Supreme Court of
the United States in grea; leading
case, said
/ To guard, however, against any possible
misc0ustruciiou 81 our views il IL proper
TO state that wc are by no means 20 he IN
drrF'o"d IN any manner whHttOovcr to
doubt or 20 interfere with the police power
belonging 30 the States in virtue of their
/ general sovereignty. Tha, police power
extends over all subjects within the terri
toriAl limits Of the States and has never
/ been conceded 10 the United SiAtes
Certainly, IL there can ever be time
when the authority of the United States
surrounds and protects one Of its Off
GERS to the excelsior Of all other Juris.
dictions IL must be when he il engaged
in the very act OF executing process
issued from its courts. Aud yet the
present ChiefJustice Of the Supreme
Court, IN delivering an opinion in 1873,
uses the following language:
! True it may sometimes happen that
person j. Amcnable t. both jurisdiciiont
for one and the same act
Meaning the Jurisdiction Of the State
and the United States
Thus IL mar,hAl II the United States
is unlAwfully resisted while executing the
process Of the courts within a State and
the resistance is accompanied by m assault
on the officer, the sovereignty Of the United
States IL violated by the resistance and that
of the State by the breach OF the peace Ia
I the assault
And again, in the course Of the same
opinion, the Chief Justice said:
1t is no more the duty or within the pow
or Of the United States 10 punish for a con-
srlracy, e. falsely imprison or murder with
IN State than it would be 10 punish for
false imprisonment or murder itself
Showing clearly that in the opinion
Of the court breach Of the peace as
such cannot constitute an offense against
he Government Of the United States.
Very different from the opinion of Mr..
Taft was that Of the present Secretary
Of State while Attorney General under
the administration of Andrew johnson.
In the letter Of instruction sent by him
10 the United States Marshal for the
northern district of Florida on the Goth
Of August, 1865, he stated the law upon
the subject as follows:
/ While, however, the law gives you this
/ power to command all necessary assist
ance," and the military within your dis
I trict are not exempt from obligation TO
obey. In common with ell the citizens, your
summons IN cases Of necessity, you will be |
I particular 20 observe that this high and re- /
/ sponsible authority is given 10 the marshsl /
/ only in aid Of his duty "to execute through /
out the district all lawful precepts directed /
20 him and issued under the authority OF /
the United States, " and only in case Of me- /
ccssiiy FOR this extraordinary aid The /
military persons obeying this summons Of /