Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1880-07-01

part Of tho land IN 40
why DO We ~ haze ,.,s., Har'n is1 ssnd. On
p Dsr; sSer i proper dsties, what funciioas
s ssn 'hs ssssSsns 4. ss ~
must must thew cali on the nearest Constable Tor
s ss ma . f on s u. =
parties ana bystandey 20 allow the Law 20
anence OF the position assumed. IL We indulge
In such impracticable views hs tnesc. ana kecD
en- refining and rerennns: vs shnni c ssn,1s
and relegate Il TO the District Of Columbins
or perhaps to some foreign soil We
snh s than that Of the old Ccnfeders
ton. The argument II based ON the strnine9
and impracticable view OF the nature ana
execute its powers, or IL II no Government ~
must execute on land "a well A. on tho sea on
thurs a. well as persons, and 10 90 this " mu ~.
necessarily have the power TO command opo
dience, preserve order. and keep the peace.
and no person or power In this land has tne
as il keeps within the bounds Of liz jurisdio-
ton
thus largely from an important and ci1porrte
opinion Of the Supreme Court. because the piu
before me proceeds upon construction OF the
Goyernment, which IL in direct conflict with
the Judgment OF the highest Judicial tribunal
Under the sections OF the present law shove
quoted officers OF the United States src au
tnori1ed, and IL IL their duty, In case OF Con
ecs saa paee. N 20 70
any pea5s s,s mso = 2, ana
90 protect all officers Of election In the per
Torrance of their duties, and. whenever an
arrest IL made, to bring the person 90 arrested
United States Tor examination OF the orcnscs
alleged against him. Such special Deputy
Marshal: as are specially emp2swered thereto
ISLANDERS or posse comitatatu.." IL 10
i msaf t'me to pu hindep assault. or
Otherwise interfere with q Marshal or his
special Deputies, or to threaten or 20 attemps
TO do so. IL any person appointed such special
Deputy Marshal has taken the oalh 81 otiice
and thereafter negiects or refuses TO fully dis
able not &c" only By removal from once. but by
fine and imprisonment. The functions OF
special Deputy Marshals non-proyided for by
the authority OF the well-known chief execu-
tive officer "a the Courts OF the United States.
ties OF the Marshal, but he and his bondsncn
are responsible for them. civil force for the
execution Of the law Is thus instituted In sc-.
usage. which Is simple. elective and under
The necessity for the possession OF these
powers by appropriate officers will not BE-
called I'm question by intelligent ctizcns. who
appreciate the Importance Of pcaceaole, or
"
conferred and exercised under thu state laws
with respect to State elections. The executive
ing laws have no other or greater power 20
supervise and control the conduct OF Congrcsr
Is f than me s sae ON
The bill before me changes completely the
present law by substituting for special Deputy
hitherto unknown TO the law, and who lack the
power. responsibility and protection which
are essential TO enable them to act efficiently
A 4 n IA
The bill under consideration Is as follows;
"sEcrIoS I. Fixes the pay Of Deputy Mar.
shals.
"SEc. 2. That all Deputy Marshals 20 serve
IN rhs e any ees iS ,,
the district In which SUCH Marshals are 10 per
form their duties In each year. and the Judges
states are hereby authorized to open their
respective courts a. any time for that purpose,
a anu IN case the Circuit Courts shall not DO
prior to registration, IL there be one. or
II no registration be required, then at
OF the District Courts OF the United stafcs are
hereby respectively authorized TO cause their
pointing such Deputy Marshsls, who shan 50
appointed by said District Courts, and tho on
GERS SO appointed shall be In equal numbers
ter, and actual residents OF the voting pre-
ed, and shall not be candidates for an, ONCE AZ
such election; and ali laws and parts OF laws
Inconsistent with this act are hereby repealed;
provided. that Marshals OF the United States
for whom Deputies shall be appointed by the
Court under this act shall not be llaLlc for any
Of the % ne ss Of :cn
proposed by the bill before me are distinctly
different officers from the Special Deputies OF
for I'm the Statutes. This bin does not conncct
the new officers with existing laws relating 20
proposed deputy Marshais with the same pow
ers. to impose upon them the same duiies, and
TO give them the same protection by means Of
dis ,inct I'm character and appointed by differ
ent authority, although similar I'm name TO the
Sre not held BY similar respensis sT 0 io the
criminal law, do not possess the same powers,
and are not similarly protected unless
80 saeS pepusS Sas pypss SS s
bill will have no executive head. Toe Mar
He cannot control them, and he is not rcspon.
sible for them. They will have no authority
to call 70 their aid IL resisted the posse coml
statutes in tho performance OF their duties.
An assault upon one OF these Deputies with
more than an ordinary assault upon any other
citizen. They cannot keep tho peace. They
cannot make arrests whom crimes are commit,
are confined TO the precincts n which t6cy re-
side. Outside Of the precinct Tor which they
are appointed the Deputy Marshals Of thi. bill
prisoners, take prisoners before prop.
er tribunal for hearing, nor perform
any other duty. No oaths Of once are REQUIRED
no superior who L responsible for them. and
they are not punishable for neglect OF duty or
misconduct In once. In all those respects thfs
bill makes radical change between the pow
ers OF the United States Officers MT National
elections and the powers uniformly possc~scd
and exercised by State officers nj State cleo
tons. This discrimination against the author
ity Of the United States In q departure from
the usage OF the Government established by
prccedents beginning with tho cariiest gtaf-
utes ON the subject, and violates the time
principles Of the Constitution.
The Supreme Court In the des,sio already
referred TO says; at 70 argued Shat the pre-
ervntion OF peace and good order In society
10 not within the powcrs confidcd TO the GOV,
eminent OF the United States, but beIorrs en-
TO the Statcs. Here again we are
met With the theory that the Government OF
the United States docs not rest upon the
soil and territory OF tho country. We
entire misconception Of the nature and
powers OF that Government. We hold n TO
be an incontrovcrtible principle that the
OF the United States may by
means of physical force exercised throush
Its omcial agents execute on every foot
OF American soil the powers and func ions maj
belong 20 Il. This necessarily involvce thc
power to command obedience TO its lava ma
hence the power to keep tho peace to that err
tent This power TO enforce its laws and Gre