The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1880-06-24
TRR VETO Of THE DEPUTY.NAR.
SHALS BILL,
President Hayes sent the following
veto message to the Senate to-day,

President Hayes sent the following
veto message to the Senate to-day,
After mature consideration OF the bill en-
titled, IAN act regulating the pay and appoint
msnt 81 DEPUTY Marshals am eqnstrFiled to
*hieS pGprsst eda T Esas a. o t.
3ectiOnst to its passage, -, -,
The laws now in force on the, subject OF the
SECTIONS of the Revised Statutes:
l. SEC. 2,G2l. Whenever an election at which
Representatives. or Delegates in Congress are
or sny s Of
the district in which such city or town is situ-
Pted shall, on application In writing of at least
" such city or
ehall be, when required thereto, to aid and as
sist the Supervisors of Election in the verif-
cation 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 registrations may by
law be scrutinized and the names of registered
tend at ali times for holding elections the polls
"sEc. 2,02s: The Marshal and his general
sIR n the s
charge Of their duties, preserve order at such
places of registration and at such polls, prevent
fraudulent registration and fraudulent voting
thereat, or fraudulent conduct on the part of
any officer OF election, and ut the place of reg
istration, or pOlling-place, or elsewhere, and
either before or after registering or voting, to
arrest and take into custody, with or without
process, any person who commits, or
attempts or offers to commit, any of
the acts or otfenses prohibited herein.
aws Of sSe ned np te 6 asas
shall be arrested without process for any
ofense not committed in the presence Of the
Marshal or his setierl or special Deputies; or
ton, of either of them; and for the purpose Of
visors Of Election shall, in the absence of the
such Deputies. have the same duties and pow
ers as Deputy Marshals; nor shall any person
on the day of such election be arrested without
process for any ofense committed on the day
"sEC. s.Gs3. Whenever any arrest is made
under any provision of this title, the person so
arrested shall forthwith be brought before q
States for the examination OF the offenses
alleged, and such Commissioner, Judge or
Count shall proceed in respect thereto as au-
thorized by law in the case of crime against
"SEC. 2,Os4. The Marshal or his general
Deputies or such special Deputies as are there
to specially empowered red BY him in writing and
or any of them is fOrcibly resisted in executing
their duties under this title, shall by violence
threats or menaces be prevented from execut-
ing such duties, or from arrestjng any person
who has committed any Ofrnse for which the
Marshal or his general or special Deputies are
authorized to make such arrest, are, and tacn
Of them is. empowered to summon and call to
his aid bystanders or posse c0mitatus of his
district.
"SEC. 2oss. No person shall be appointed
supervisor of Election or Deputy Marshal
the time of his appointment qualified voter
of the city, town, county, parish, election dis
trict or voting precinct in which his duties are
"SEC. 5,52l. If any person be appointed SUI
pervisOr Of Election or special Deputy Mar
shall under the provisions of the title, The
Elective Franchise, and has taken an oath
of Office as such Supervisor of Election, or
such special Deputy Marshal, and thereafter
neglects or refuses, without good and lawful
excuse, to. perform and discharge fully the
office until the expiration of the term for
which he was appointed, he shall not only be
subject to removal from Office, with loss of all
pay or emOlumentS, but shall be punished by
not less than six months nor
more than one year, or by fine not less than
$500 and not more than $500, or by both fine
and imprisonment, and shall pay the cost of
"sEc. 5,522a. Every person, whether with or
without any authority. power or process, or
pretended authority, power or process of any
stracts. binders, assaults, or by 6rines, sole
itatiOns, or otherwise interferes with or pre-.
vents Supervise Of Elections, or either of
fhem or the Marshal a. or ts his general or special
ancc of any duty required of them, or which
he or they, or either of them, may he author
ICED to perform by any law of the United
OF who, by any of the means before mentioned,
hinders or prevents the free attendance or
presence at such places of registration. or at
p9s OF or and
of registration or poll of election, or in
going to and from any such place of
registration or poll Of election, or to
registration or election or canvass
of votes, or of making any returns or ccrtifi.
Gates thereof, may be had, or who molests. in-
place of registration or poll of election, or of
the votes cast thereat, or of making
returns or certificates thereof of any Super.
or special Deputies, or either of them, or who
threatens Or attempts or offers SO to do, or re-
fuses or neglects to aid and assist any Super
Or special Deputies, or either of them, in the
performance of his or their duties when re-
q,lired of him or them, or either Of them, to
give such aid 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 81, 600, or by
both such fine and imprisonment, and shall pay
the cost of prosecution"
The Supreme Court Of the United States, in
the recent case Of eX-partc Siebolt and Others,
decided at the October term, 1873, on qucs-
ton raised in a case as to the constitutiOnality
of the sections Of the Revised Statutes above
quoted, and uses the following language:
"Thcsc portions of the Revised Statutes are
taken from the act commonly known as the
entitled An act to enforce the right of citi-
zens of the United States to vote in the several
States of this Union, and for other purposes
and from the supplement to that act, APPROX
They relate to elections of members Of the
House of Representatives. and were an asser-
ton on the part of Congress of its power to
pass laws for regulating and experimenting
S.liI nlpcfiOnS and for SnclIrinT the nurltV
thereof and the rights of citizens to vote there
at pcaccably and without mOlestatiOu. 1t
must he conceded to be most important
power and of Fundamental! character. In the
light of recent history and OF the violence,
fraud, corr upton and irrcgularity which have
frequently prevailed ut such elections, 1t may
If it exists, may be necessary to the stability Of
our form OF government.
"Thc greatest difficulty in coming to just
conclusion arises from mistaken notions with
regard to the relations which subsist between
the State aud National Governments. 1t seems
to be often overlooked that National Consti-
tuition has been adopted In this country, cs-
which, moreover, is, or should be, as dear to
every American citizen as his State Govern
ment is. Whenever the true conception of the
nature OF this Government IS once con con
probation of its power. But IL we allow our
selves to regard it us a hostile organization OPP
posed to the proper sovereignty and dignity OF
vcxcd with difficulties us to jurisdiction and au-
thOrity. No greater jealousy is required to be
exercised toward this Government in reference
to the preservation of our liberties than is
proper to be exercised towards the State Gov
ernmcnts. Its powers arc limited in number
and clearly defined, and its action within the
scope of these powers is restrained BY u sutfi-
GENTLY rigid bill of rights for the protection of
its citizens from oppression. The true inter
ests of the people OF this country require that
both National and State Governments should
be allowed, without jealous interference on
either side, to exercise all the powers which
belong to them according to
fair and practical construction of the COnSti-
tuition. State rights and the rights of tho
United States should be equally respected.
Both are essential to the preservation of our
liberties aud the pcrpetuity of our institutions.
But, in cndeavOring to vindicate one, we
should not allow our zeal to nulltfy or impair
the other.
"The true doctrine, as we conceive, is this:
that while States are really sovereign rs to all
matters which have not been granted to the
and control of the United States,
the Constitution and Constitutional laws of
the latter arc as VIC have already said, the SUI
prcmc law of the land, and when they cOnf1iot
with the laws of States they are of paramount
and obligation. This is the funda-
mental principle on which the authority of the
Is based, and, unless it be con-
ceicd in practice as we'll as theory, the fabric
of our institutions, ms it was contemplated by
its founders, cannot stand. The questions IN
vOlved have respect not more to the autonomy