The Portland daily press., 1880-06-17

possession of these powers by appropriate Off
GERS will not be called in question by inte-li-
gent citizens who appreciate the Importance of
peaceable, orderly and lawful elections.
Similar POWERS are conferred and exercised
under State laws with respect to State cleo
lions. 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 the
State executive officers exercise in regard to
State elections. The bill before me changes
completely the present law by substituting for
the 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:
Be IL enacted, That from and after the passage of
this act the pay OF all deputy marshas for services
in reference to any election shall be S. for each day
of actual service and no more.
Section 2. That all deputy marshalls to serve In
reference TO any election shall be appointed by the
circuit court of the United States the district In
which such marshals are 10 perform their duty 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 at least ten days prior to
registration if there be one or if no registration
be required then at least ten days before the cleo
ton, judges OF the district courts of the United
States are hereby respectively authorized to cause
their courts to be opened for the purpose of APP
pointing such deputy marshals who shall be APP
pointed by said district courts, and the officers
appointed shall be in equal numbers from he diff
ferent political parties, and shall be well known
citizens of good moral character and actual resi-
dents OF the voting precincts in which their duties
to be performed and shall not be candidates for
any Office at such election; and all laws and parts
OF laws inconsistent with this act are hereby re-
pealed; provided, that the marshals OF the United
States for whom the deputies shall be appointed
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 distinctly
different from the special deputies of the mar
shals as such officers are now provided for in
the statutes. The bill does not connect the
new officers with the existing laws relating to
special deputy marshals so as to invest the pro-
posed deputy marshals with the same powers
to impose upon them the same duties and give
them the same protection by means of the
criminal laws. When new officers are created
distinct in character and appointed by differ
ent authority, although similar in name to Off
GERS already provided fer, such new officers are
not held by similar responsibilities to the Grim
mai law. do not possess the same powers and
are not similarly protected unless it is express
ly so provided by legislation. The so-called
deputy marshals provided for in this bill will
have no executive head. The marshal can
neither appoint nor remove them; he cannot
controlsthem, and he is not responsible for
them. They will have no authority to call to
their aid, if resisted, the posse comitatus.
They are protected by no criminal statutes in
the performance of their duties. An assault
upon one of these deputies with the intent to
prevent lawful election will be no more than
an ordinary assault upon any other citizen.
They cannot keep the peace; they cannot
make arrests when crimes are committed in
their presence. What powers they have are
confined to the precincts in which they reside;
outside of the precincts for which they are ap-
pointed, the deputy marshals of this bill can
NOT keen the mai hold
ers, take prisoners before proper tribunal for
hearing, and 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 punish
able for neglect of duty OF misconduct in
Office. In all these respects this bill makes a
radical change between the powers of United
States officers at national. elections and the
powers uniformly possessed and exercised by
State officers at State elections. This discrim-
nation against the authority of the United
States is a departure from the usage of the
government established by precedents, begin
ming with the earliest statutes on the subject
and violates the true principles of the consti-
tuition. The Supreme Court in the decision al
ready referred to- says
1t is argued that the preservation of peace
and good order in society is not within the
powers confded to the government of the
United States but belongs exclusively to the
States. Here again we are met with the theo-
~ phdo buO SoNoIumcuG VI Iuo OulIou CCaUeS
does not rest upon the soil and territory of the
country. We think the theory is founded on
an entire misconception of thenature and pow
ers of that government. We hold it to be an
incontrovertble principle that the government
OF the United States may, by means of physi-
cal force, exercise through it's official agents on
every foot of American soil the powers and
functions that belong to it. The necessity in
wolves the power to command obedience to its
laws and have the power to keep the peace to
that extent This power to enforce its laws
and to execute its functions in all places does
not derogate from the power of the State to
execute its laws at the same time and in the
the same place. The one does not exclude the
other. except where both cannot be executed
at the same time. In that case the words of
the constitution itself show which is to yield:
This constitution and all laws which shall be
made in pursuance thereof shall be the SUI
preme laws of the land.'"
In CONCLUSION, it is proper to say that no OBJ.
lection would he made to the appointment of
officers to act with reference to elections by the
courts OF the United States and that am in
favor of appointing officers to supervise and
protect the elections without regard to party,
but the bill before me, while it recognizes the
power and duty of the United States to pro-
vide officers to guard and scrutinze the Con-
gressional elections fails to adapt its provisions
to the existing laws so as to secure efficient
supervision and protection. 1t is, therefore,
returned to the Senate, in which it originated,
for that further consideration which is con :
templated by the constitution.
RUTHERFORD B. HAYES.
Executive Mansion. June 18th, 1880.