Ashtabula weekly telegraph. (Ashtabula, Ohio) 1880-1886, 1880-06-25

tiOn. The argument iH based ON the strained
and impructcnhe view of tho nature and
power OF the National Government IL must
execute It's powers, or IL Is no Government. II
must execute on land us well rs on the sea, ON
thugs a. well as persons, and 10 do this u must
necessarily have the power to command Obe-
dicnCc, preserve Ordor, Hnd keep the peace,
and no person or power In this land has tho
right TO resist or question IT'S authority 80 long
rs Il keeps within the bounds of It's jutlsdic-
have doomed II ntting and proper TO quote
thus largely from nm important and elaborate
opinion Of the Supreme Court, because the bill
before me proceeds upon a construction Of the
Constitution Us 20 the powers Of the National
Government, which Is In direct conflict with
the Judgment Of the highest judicial tribunal
of our country.
Under the sections of the present law above
quoted officers Of the United States are Gu-
tnOrlhed, and IL IS their duty, I'm case Of Con-
gressOual elections, TO keep the peace ut the
polls and places of registration, TO arrest i'm
mediately any person VINO ie guilty OF crime
against the United States Election laws, and
To protect all officers Of election in the per
fOrmunCc Of their duties, and, whenever an
arrest is made, 70 bring the person so arrested
before Commissioner, Judge, or Court OF the
United States for examination Of the ofensOs
alleged against him. Such special Deputy
Marshrls AS are specially empowered thereto
by the Marshals in writing, IF forclbly re-
sisted may call to their aid the by
ISLANDERS or posse comtatatus." 1t Is
made a crime punishable with fine or
imprisonment to hinder, assault, or
otherwise interfere with Marshal or his
special Deputies, or to threaten or to attempt
To do so. If any person appointed such special
Deputy Marshal has taken the oath Of office
and thereafter ncgleCts OF refuses to fully dis
charge the duties of such Office, he is punish
able not only by removal from Office, but by
hne and imprisonment. The functions Of
special Deputy Murshals non-provided for by
law, being executive, they are placed under
the authority Of the well-kuOwn chief eNCcu-
tive officer Of the Courts of the United States.
They are I'm fact,n merely in name, the Depu-
ties of the Marshal, but he and his boudsmen
are responsible for them. A civil force for the
execution Of the law is thus instituted I'm ac-
cOrdance with lOng-established and familiar
usage which is simple, effective and undor
responsible head.
The necessity for the possession Of these
powers by appropriate officers will not be
called in question by intelligent citizens, who
appreciate the Importance Of apeaCeable, or
derly and lawful election. Similar powers are
conferred and exercised under the state laws
with respect to State elections. The executive
officers of the United States under the exist
ing laws have no other or greater power TO
supervise and control the conduct of Congress
siOnal elections than the State executive oili-
GERS exercise In regard TO State elections.
The bill before me changes completely the
present law by substituting for special Deputy
Marshals Of the existing statutes new officers
hitherto unknown to the law and who lack the
power, responsibility and protection which
are essential to enable them to act efficiently
as executive officers.
The bill under consideration Is as follows:
"Bc Il enacted, by the Senate and House OF
Representatives Of the United States of Amer
lea, 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, aud no more.
"SEC. 2. That all Deputy Marshals to serve
in reference to any election shall be appointed
by the Circuit Court of the United States for
the district in which such Marshals are to per.
form their duties in each year, and the Judges
of the several Circuit Courts Of the United
States are hereby authorized TO open their
respective courts at any time for that purpose,
and in case the Circuit Courts shall not be
open for that purpose for at least ten days
IL no registration be required, then at
least ten days before the election, the Judges
of tho District Courts of the United States are
hereby respectively authorized 10 cause their
courts to be opened for the purpose of up
pointing such Deputy Marshals, who shall be
appointed by said District Courts, and the Off.
from the different political parties, and shall
be well l-known citizens of good moral charac-
ter, and actual residents of the voting pre-
clnc's in which their duties arc to be perform.
ed, and shall not be candidates fOrany office at
such election; and all laws and parts of laws
Inconsistent with this act are hereby repealed;
provided, that Mar6hals of the United States
for whom Deputies shall be appointed by the
Court under this act shall not DC liable for any
Of the acts Of such Deputies"
II will be observed that the Deputy Marshals
proposed by the bill before me are distinctly
different officers from the Special Deputies OF
the Marshal US such officers are now provided
the new officers with existing laws relating to
Special Deputy Mnrshnls, so as to invest the
proposed Deputy Marshals with the same pow.
ers, to impose upon them the same duties, and
20 give them the same protection by means Of
criminal laws. When new officers are created
distinct In character and appointed by differ
ent authority although similar in name 20 the
officers already provided for, such new officers
are not held by similar responsibilities to the
criminal law, do not possess the same powers
and are not similarly protected unless
it is expressly so provided by legislation. Tho
so called Deputy Marshals provided for in this
bill will have no executive head. The Mar
shal can neither appoint nor remove them
He cannot control them, and he is not respon'
Bible for them. They will have no authority
to call to their aid II resisted the posse conf
tatus. They are protected by no criminal
statutes in the performance OF their duties
An assault upon one of these Deputies with
intent 10 prevent u lawful election will be nc
more than an ordinary assault upon any other
citizen. They cannot keep the peace. They
cannot make arrests when crimes are commit
ted I'm their presence. What powers they have
are confined 10 the precincts In which they re
side. Outside of the precinct for which thcy
are appointed the Deputy Marshals of this bill
cannot keep the peace, make urrests, hold
prisoners, take prisoners before a prop
er tribunal for hearing, nor perform
any other duty. No oaths of Office are required
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 oil
misconduct In office, In all these respects this
| bill makes a radical change between the pow
ers of the United States officers at Nationa
| elections and the powers uniformly possessed
and exercised by State officers ut State cleo
| tions. This discrimination against the author
| ity Of the United States is departure from
/ the usage of the Government established 10y
| prcccdents beginning with the earliest stat
| utes on tho subject, and violates the true
| principles Of the Constitution.
| The Supreme Court in the decision already
referred To says: at Is argued that the pres
| eryutiOn of peace and good order in society
| is not within the powers conhdcd to the Gov
| Grnment of the United States, but belongs OK
clusivey to the States. Here again we art
| met with the theory that the Government ol
| the United States does not rest upon the
| think that this theory is founded on az
entire misCunceptiOn OF the nature ant
! powers of that Government. VIC hold 1t tC
! be an incOntrOvertible principle that tho
| Government of the United States may by
means of physical force exercised through
! It's official agents execute ON every foot
| of American soil the powers and IInc'iOns thai
] belong TO IL. This necessarily involves the
| power to command obedience to its laws, nnC
! hence tine power to keep the peace TO that cX
! tent. This power 70 enforce its laws and exc
! cute It's functions In all places docs not dcrO
| gate from the power Of the State to execute
| the laws mt the same time and in the SAINT
| place. The one does not exclude the other
/ except where both cannot bo executed at the
/ same time. In that case the words of the Con
| stitution itself show which Is to yield: 'Thi'
] Constitution and all laws which shall be made
| In pursuance thereof shall be the supreme law
/ OF the land"
In conclusion, II is proper 10 say that no oh
/ lection would be made to the appointment o
/ officers TO act with reference to el, ctiOns by
/ the Courts OF the United States, and that / an
| In favor Ct appointing officers 20 supervise
| and protect elections without regard 10 party
| But the bill before me, while Il recognizes thl
| power and duty Of the United States TO pro
| vide officers To guard and scrutiuizc Congress
| iona elections, fails 10 adapt its provisions I,
| existing laws 50 rs to secure efficient super
| vision aud protection. lt Is therefore re
| turned TO the senate, In which i originated
| for thOt further consideration which Is con
/ tcmplated by the Constitution.
NUTHERFOItn n. HAYES.
! EXECUTIVE MANSION, 10th June, 1850.
A TRIO of puppies kept up such