Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1880-06-25


cannot stand,
The questions involved have respect net more 10
autonomy and existence ot states than to n cou-
tinucd existence Of the United States as govern
ment to which every American citizen may look
for security and protection in every part Of the
land. Why dc We have nar>halS at all il they
cannot physically lay hand on persons and things
in the performance Of their proper duties What
functions can they perform if they cannot asc
force in executing the proves Of courts Must
they call on the nearest court for protection Must
they rely on him 70 use requisite compulSien and
10 keep the peace while they are soliciting and en-
treating the parties ndbystandcrS to allow the law
10 take It's course This is
NECESSARY coNsEevENcE
of the position assumed. II VIZ indulge in such
impractcahle views as these and keep ON NJ timing
and refining, We shall draw the national govern
ment out of the United States and delegate it To
the District of Columbia, or perhaps 10 some for
eign soil. We shall bring it back to condition
of grratsr helpleSSncSS than that Of the old con-
federation. The idea is based on the starved and
mpracticabe View of nature and powers Of the
national government 1t must execute the powers
or it is no government. Ii must execute ON land
as well as on sea, on things as well rs on persons
and to do this il must necessarily have power to
command obedience, preserve orter and 90 keep
peace; and no person of power in this land has
the right to resist question its authority long
rs it keeps within the hounds of its jurisdiction.
have deemed il fitting and proper TO quote
thus largely from an important and elaborate
opinion of the supreme court, because the bill be-
fore me proceeds upon the construction of the con-
stitution aS 10 the powers Of the national govern
ment which is in direct conflict with the Judgment
of the highest judicial tribunal of our country.
| nder sections of the present law above quoted,
officers of the United States are authorized and il
Is their duty in case of congressional elections ~
keep the peace ut the polls and place Of rcgistr7,
ton, to arrest immediately any person who Is
guilty of crime against the United States election
laws, and to
PROTECT ALI OFFICERS or ELECTION
in the performance of their duties. and whcncN cr
an arrest is made to bring the person 50 arrested
before commissioner judge or court Of the United
States for examination of ohenscS alleged against
him. Such special deputy marShalS are specially
empowered thereto by the marShalS. i'll writing,
and if forcihly resisted may call 70 their aid the
by-standers or poSse comjtdt,s. Ii is made a
crime punishable 10y fine or imprisonment to him
der assault otherwise interfere with the mar
shal or his special deputies or 70 threaten or at
tempt to do so. If any person appointed such
spccial deputy marshal has taken the oath ot of
fce and thereafter ncgectS refuses 10 fully dis
charge the duties of such office, he Is punishable
not only by removal from office hut by fine and
imprisonment. The functions of special deputy
mNrShals now provided for by law being executive,
they ARE placed under the authority Of Il well
known chief executive officer of the courts of the
United States They arr in fact not merely III
name, the deputies of the marshal and he and his
bondsnen are responsible for them. civil force
for the execution of the law is thus instituted in
accordance with long established and familiar
usage which is simple, effective and under Il res
ponSibe head
The necessity for n possession of the powers by
appropriate officers will not he called in question
by intelligent citizens who appreciate the import
ance Of peaceable, orderly and lawful elections.
Similar powers are conferred and
EXERclsEn UNDER THESE LAWS
with respect to- state elections. The executive
officers Of the United States under existing laws
| have no other or greater power to supervise and
control the conduct of congressional elections than
state executive officers exercise in regard to state
elections.
The bill before me changes completely the pres
ent law by substituting for special deputy mar
sflals of the existing statutes new officers
hitherto unknown to law and who lack the power,
responsibility and protection executive officers.
The bill under consideration is rs follows;
BE it enacted by the senate and house of repre-
Scntatiyes of the United States of America in con
grcsS assembled, That from and after the passage
of this net the pny Of all deputy marshals for SER
vices in reference to any election shall BE- - for
each day of actual service and no more.
Sec. >. That all deputy marshals to serve in ref
crcnce to any election shall be- appointed by the
circuit court of the United States for the district
in which such murshals are To perform their duty
in each year and Judges of the several circuit
courts Of the United States are hereby authorized
to
ORES THEIR RESPECTIVE COURTS
ut any time for that purpose; and i'll case circuit
courts shall not be- open for that purpose at least
ten days prior to registration, II there be one, or
if no registration be required then ut least ten
days before election the judges of district courts
Spectively authorized to cause their courts to he
opened for the purpose Of appointing such deputy
marShak, who shall be appointed by said district
courts and the officers so appointed shall be III
equal numbers from different political parties, and
shall be well known citizens, of good moral char
acter and actual residents of the voting precincts
III which their duties are to be performed, and
shall not be candidates for Office nj such elections
and all laws and parts Of laws inconsistent with
this net are hereby repealed. Provided, that mar
shals of the United States for whom deputies
shall be appointed by the court under this net
shall not be liable for any acts Of such deputies"
1t will be observed that deputy marshals pro
posed by the bill before me arc
DISTINCTLY DIFFERENT OFFICERS
from special deputies Of the marshal rs ouch Off
Gers are now provided for in the statutes. This bill
does not connect the new officers with the existing
laws relating to special deputy mnrshals, SO rs to
invest the proposed deputy marshals with the
same powers, to impOre upon them the same duties
and to give them the same protection by means OF
criminal laws When new officers are created, dis.
tinct in character and appointed by different au-
thOrty, although similar in name TO the officers
already provided for, such new officers are not
held by similar responsibility to the criminal law
do not possess the same powers and are not SINH
larry protected unless il il expressly 30 provided
by legislation The so-culled deputy mashals
provided tor in this bill will have no executive
head. The marshal can neither appoint nor re-
move Thorn. lie cannot control them, and he IL
not responsible for them. They will have no ari-
thority 70 call to their aid if resisted, the posse
comitdtv. They are protected by no criminal
statutes in the performance Of their duties. An
assault upon one Of these deputies with intent 10
prevent lawful election, will be no more than I'M
ordinary
ASSAULT UPON ANY OTHER CITIZEN,
They cannot keep the peace. They cannot make
arrests when crimes are committed in their pre-
ence. What powers they have are confined 10 the
precincts for which they were appointed; the dep
lIty marshals Of this bill cannot Keep the peace
make arrests, hold prisoners take prisoners before
proper tribunal for hearing, nor perform any
other duty. No oaths Of Office are required oi
them, and they give no bond. They have no
superior who i responsible for them, and they are
not punishable for neglect Of duty misconduct in
Office.
In all thee respects this bin make~a radical
change between the powers of United States OH
a. natiouul eipffiuna and the uniform