The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1880-06-24

quoted onloers Of the United States are an.
gressional elections, to keep the peace ut the
polls and places Of registration, to arrest inn
mediateiy any person who e guilty OF crime
to or psSssSt 81 SSers Fl s IL
Is made; to bring tie person SO arrested
United States fdr Examination Of the offenses
MaIshals IS a5e specially empowsfed thereto
sisted SeS may sa & sser a ta3'cat Ss b. Ss
made i Crime, Punishable with ans or
otherwise interfere with a Marshal or his
special Deputies, or to threaten or to attempt
70 DO SO, If any person appointed such special
and thereafter ncglects or refuses to fully dis
charge the duties of such office, he is punish
ane mot not only BY retoval fr2 oSe but BY
special Deputy ,Marshals non-provfded for by
law law. being executive, they are placed under
tive ocor ~ Of the % chief
u:ney are In fact, not merely In name, the Depu-
ties OF the Marshal, but he and his bondsmcn
are responsible for them; civil force for the
cordance with long-establshed and familiar
rsase Which Is simple; effective and under
The necessity for the possesSidn .Yf these
powers power by appropriate officers will not be
called In question by intelligent citizens, who
dsp pr, the importance Of apeaceable, or
ueriy anu lawful election. Similar powers are
cc,nterred ana exercised under the State laws
with respect toState elections. The executive
oncers OF the United States under tie exist
ing luws nave no other or greater power to
supervise and control the conduct of Congress
slonal elections than the State executive Off
GERS exercise in regard to State elections.
Inc Dill before me changes completely the
present law by substituting for special Deputy
Marshals of the existing statutes new officers
powef, responsibility and Proposition which
are essential to enable them to act efficieffflv
as executive officers:
:, "Be 1t enacted, by the Senate and House of
Representatives of the United States of Amer
lca, In Congress assembled, That from and
after the passage of this act the pay of all
Deputy Marshals for services in reference to
any election shall be s. for each day of actual
service, and no more;
IN reference to any election shall be appointed
BY the Circuit Court of the United States for
tbcr a Mas hal to per
Of the several Circuit Courts of the United
States are hereby authorized to open their
respective courts at any time for that purpose,
open for that purpose for ut least ten days
prior to registration, if there be one, or
d,I no ,o registration be required then at
of the District Courts of the United States are
hereby respectively authorized to cause their
courts to be opened for the purpose of APP
appointed by said District Courts, ard the Off.
tiers so appointed shall be in cqual fitifiiters
from the different political parties, and shall
be wcll-knOwn citizens of good moral charac-
ter. and actual residents of the voting pre-
tincts in which their duties arc to be perform
ed, and shall not be candidates for any Office at
such election; and all laws and parts OF laws
inconsistent with this act are hereby repealed;
provided, that Marshals of the United States
for whom Deputies shall he app ointcd by the
Court under this act shall not be liable for any
OF the acts of such Deputies.
1t will be observed that the Deputy Marshals
proposed BY the bill before me are stinctly
different officers from the Special Deputies of
the Marshal as such officers are now provided
for in the Statutes. This bill does rot connect
the fiew, officers With existing laws relating to
Special Deputy Marshals, SO us to invest the
PROPOSED deputy Marshals with the same pow
ers. to impose upon them the same duties, and
to g -" I'm the > inc pr tection by III ans OF
distinct in character and appointed by differ
ent authority, although similar in name to the
officers already provided for. such new officers
criminal law, do not possess the same powers,
it is expressly so provided BY legislation; ne
bill will have no executive head. The Mar
shall can neither appoint nor remove them.
He cannot control them, and he is not respon-
to call to their aid if resisted the posse conf
tattis: They are protected by no criminal
statutes in the performance Of their duties.
intent to prevent a lawful election will be no
more than III ordinary assault upon any other
citizen. They cannot keep the peace. They
cannot make arrests when crimes are commit-
ted in their presence. What powers they have
are confined to the precincts in which they re-
side. Outside of the precinct for which they
cannot keep the peace, make arre SITS, hold
prisoners, take prisoners before prop
er tribunal for hearing, nor perform
of them, and they give no bond. They have
no superior who is responsible for them, and
they are not punishable for neglect of duty or
bill makes a radical change between the pow.
ers of the United states officers ut National
elections and the powers uniformly possessed
and exercised by State officers at State cleo.
tions. This discrimination against the author
ity Of the United States is IA departure from
the usage of the Government established by
preccdcnts beginning with the earliest stat
utes on the subject, and violates the true
principles of the Constitution.
The Supreme Court in the decision already
referred to says: ''lt is argued that the pres
ervation of peace and good order in society
is not within the powers conhded to the Gov
eminent Of the United States, but belongs ex-
met with the theory that the Government of
the United States does not rest upon the
soil and territory OF the county: we
entire misconception of the nature and
powers of that Government. We hold it to
be an incontrOvcrtihle principle that the
Government of the United States may by
means of physical force exercised through
its official agents execute on every foot
of American soil the powers and func' ions hat
belong to it. This necessarily involves the
power to command obedience to its laws, and
hence the power to keep the pesce to that cx-
tent. This power to enforce its laws and exc
cute its functions in all places does not dcrO-
gate from the power of the State 10 execute
the laws ut the same time and in the same
place. The one does not exclude the other,
except where both cannot be executed ut the
same time. In that case the WORDS of the Con-
stitution itself show which is to yield: This
Constitution and all laws which shall be made
in pursuance thereof shall be the supreme law
of the lanj.''
In conclusion, it is proper to say that no OBJ
lection would be made to the appointment Of
officers to act with reference to cit ctiOns by
the Courts of the United States and that am
in favor Of appointing officers to supervise
and protect elections without regard to party.
But the bill before me, while 1t recognizes the
power and duty of the United States to pro-
vide officers to guard and scrutinizc Congress-
ional elections, fails to adapt its provisions to
existing laws so as to secure efficient super
vision and protection. 1t is therefore re-
turned to the Senate, in which it originated !,
for that further consideration which is con-
templated by tho Constitution.
RUTHERFORD b. HAYES.
EXECUTIVE MANSION, 18th June, 1850.
4 New Picnic Game.