National Republican., 1880-06-16
The Deputy Marshai BIZ vetoed.

Tho following istho text oil President uaycs
veto message sent to the senate yesterday:
After mature consideration of tho bill en-
titled "An act regulating tho pay and appoint
ment of deputy marshals," am constrained to
withhold from it my approval and to return it
to the senate, in which it originated, with my
objections to its passage.
Tho laws now III forco on tho subject of the
bill before me are contained in tho following
sections of the revised statutes:
SEcTIos 202l. Whenever an election at which
representatives or delegates in congress are to be
chosen is held in amy city or town OF 10000 inhabit
ants or upward tho marshal for the district in
which the city or town is situated SHALL on the
application in writing Of nt least two citizens rcsid
Ing in such city or town, appoint special deputy
narshals, whose duty II shali be when required
thereto to aid and assist tho supervisors of election
in the verifcation Of any list Of persons who may
have registered or voted: to attend in each election
district or voting precinct at the times and places
when and where the registration may by law bo
scrutinized and tho names of registered voters be
marked for challenge; and also attend at all times
for holding elections the polls in such district or
precinct.
shall keep the peace and support aud protect tho
supervisors of elections in the discharge of their
duties, preserve order ut such places of rcgstra.
tion and at such polls, prevent fraudulent regisra
tion aud fraudulent voting thereat or fraudulent
conduct on the part of any officer of election, and
Immediately, either at the place Of registration or
polling place or elsewhere and either before or
after registering or voting, arrest and take into
custody with or without process any person who
commits or attempts or ofIers to commit any of The
acts or offenses prohibited herein, who commits
any ofiense against the laws Of the United States;
but no person shall he arrested without process
for any ofense not committed in the presence of
the marshal or his general or special deputies. or
either of them of the supervisors of elections or
either Of them; and for the purposes Of arrest or
the preservation Of tho peace The supervisors of
elections shall, In absence OF The marshGls deputies
or if required TO assist such deputies, have tho
Same duties and powers as deputy marshals: nor
shall any person on the day of such election be
arrested without process Tor any oilenso committed
q
SIC, 2Ol3 Whenever any arrest is made under
any provision of this title the person arrested
shall forthwith be brought before n commissioner
judge or court of the United States for examination
fthe oienscs alleged against him. and such com
missioner Judge or court shall proceed in respect
thereto authorized by law in case of crimes
against the United States.
SEC 2,O24 The marshal or his general deputies
or such special deputies as arc thereto specially
powered by him in writing, and under his hand
and SEAL whenever he or either any of them is
forcibly resisted in executing thor duties under
this title, shall by violence, threats menaccs
be prevented nom executing such duties or from
arresting any person who has committed any Of
fcnse for which the marshal or his general or spo
cial deputies ore authorized to make such arrest
are, and each OF them Is. empowered to summon
and call to his aid the bystandes or posse c0miuus
of his district.
SEC. 2,O2s. No person shall be appointed super.
visor OF election or deputy marshal under the
preceding provisions who is not at the time of his
appointment qualified voter of the city, town,
county. parish, election district or voting precinct
in which his duties arc 10 be reformed
SEC ,52l. If any person be appointed Il super
visor OF election or special deputy marshal under
the provisions of title, the elective franchise" aud
has taken the oath OF Office as such supervisor of
election or such special deputy mar hal and there
rneglects or refuses, without good and lawful eN.
Cuse, to perform and discharge fully the duties obi
cations and requirements Of such office until the
expiration of the term for which ho was appointed
he shall not only be subject to removal from office
with loss of all pay or emolumentg, but shall be
punished by imprisonment for not less than six
months nor more than one year, or by tno Of not
less than 5000 and not more than $500 by both fine
and Imprisonment and shall pay the cost Of prose-
cutlon.
SIC $500. Every person, whether with or with.
out any authority, powcr or process or pretended
authority, power or process of any state, territory
or municipality, who obstructs, hindors, assaults,
or by bTibes, solicitation or otherwise ineriereS
with or prevents the supervisor OF elections, or
either of hoin or the marshal or his general or his
Special deputies or either of them, in the perform
ance Oft any duty required of them, or which he,
or they, or either of thcm may be authorized to
perform by any law of the United States in tho
execution of process or otherwise, or who, by any
OF the means before mentioned, hinders or pre-
vents the free attendance or presence at such
places Of registration at such polls Of election or
full and free access and egress to and from any
such place Of registration or poll of election, in
going TO and from any such place of registration
or poll of election, or IN any going to such place of
registration or poll OF election or to and from any
room where amy such registration or election or
tifcates thereof may be had or who molcsts inter-
feres with. removes or elects from any such
place of registration or poll of election or
of cRnvassing votes cast thorcat, or OF making
returns or certificates thereof, any supervisor OF
election tho marshal or his general or special
deputies or either of them or who threatens or at.
tenpts or offers so TO do, or refuses or negecs to
aid ana assist any supervisor of election, or the
marshal, or his general or special deputies, or
either OF them, in tho performance of his or their
duties when required by him or them, or either OF
them, to give such hid and assistance, shall be
liable to instant arrest without process, and shall
be punished by Imprisonment not more Than two
years or by fine OF not moro than 5000, or by
both such line and imprisonment and shall pay
the cost OF prosecution.
The supreme court of the United States, in
the recent case Of eT pdite Sicbolt aud others,
decided at the October term, 1879, on the qucs.
tlon raised in the case as to the constitui ion
ality Of tho sections OF the revised statutes
above quoted, uses tho following language:
"These portions of The revised statutes are
takon from the act commonly known as tho
enforcement act, approved May 81, 1870 and
entitled "An act to enforce the right OF citi.
2ens of the United States TO vote in the Sow
oral states of this union, and for other pur-
poses" and from tho supplement TO that act,
approved February 2S 1871. They relate to
elections Of mOmbers Of tina house of repre-
sentatiVes, and were an assertion on the part
of congress of u power to pass laws for regu-
latipg aud experimenting said elections, ana
for securing tho purity thereof and tho rights
of citizens TO vote thoreat peaccably and with
out molestation. 1t must bo conceded to be n
most important power and OF fundamental
character. In tho light of recent history aud
N"''NIN'"h Ni'H l''NHN
larity which havo frequently prevailed At
such elections. it may easily bo conceived
that The exertion of tho power Of It may
bo necessary to the stability of our form
OfsGSyerDmG@nt'
"The greatest difficulty in coming to just
conclusion arises from tho mistaken notions
with regard to tho relations which exist boz
tween tho state and national governments
1t seems to be Ofton overlooked that a national
constitution has been adopted in this country
establishing q real government therein, aud
which, moreover, is or should he rs dear to
every American citizen MS his state govern.
mont is. Whenever the true conception OF tho
nature Of this government is once conceded
no real difficulty will arise in tho just intor
probation of its powers But If We allow our
selves to regard IL as a hostile organization OPP
posed to tho proper sovereignty aud dignity Of
the state governments. We shall continue to be
vexod with difficulties as to its jurisdiction
and authority, No greater jealousy ia required
to bo exercised toward this government in
reference TO the preservation of our liberties
than is proper TO be exercised toward the state
governments,
Its powers arc limited aud clearly defined,
aud its action within the scope Of th0so powers