The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1880-06-24

and lmnrNGIlcHDlc view Ol Tue udtui0
power of the National Government. Ii must
execute its powers. or il is no Government IL
must execute on land as well as on the sea, on
things as well As persons, and TO do TINS IL must
necessarily have the power 10 colhIi i uue
dience, preserve order, and keep the peace
and no peIsOu or power in this land mas the
right TO resist or question its authority 50 iong
rs II keeps within the bounds OF ITS Jullsdlc-
ton"
have deemed it fitting and proper TO quote
thus largely from an important and elaborate
opinion of the supreme Court, because the ON
before me proceeds upon construction OF the
Constitution as to 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 err au-
tnOri4 ed, and it is their duty, in case Of Con-
occasional elections, To keep the peace al the
polls and places of registration, tu arrest inn
mGdiGtely any person VINO IS guilty OF CRIME
against he United States Election laws, and
To- protect all officers Of election in the per-
formancc of their duties, and, whenever an
arrest is made, Ia bring he person so arrested
before q CnDmjSSi' urr, Judge, or Court of the
United States for examination of the OucuScs
alleged against him. Sucn special Deputy
MH.-halS - are specially emp JUCrCu thereto
bv the Marshas In writing. If forcibly re
sisted may call TO their aid the by
staTlerS or posse cOmituatuS. II is
made crime punishable with fine or
imprisonment to hinder, assault, or
otherwise interfere with a Marshal or his
special Deputies, or TO threaten or 20 attempt
to do 50. If any pyrS N appointed such 81. al
Deputy Marshal uas taken the oath of office
AID thereafter negi,cJs or refuses To fully dis
charge the duties ut :. CT Office, b" Is punish
able not only 10y removal from Oi1CH, but by
tuc and imp;iS pumgut. The functions of
special Deputy NHgshdls nOn-pruyiIcd for by
law, being executive, they are placed under
the authority OF the wcil-known chief eXecu-
tive officer of the Courts of the United states.
They are in faCt,uOt merely in name the Dypu-
tics of the Marshal hIf he and his b md -UIHU
are rcSpOns bic for hem. a civil force for the
execution of the law Is thus instituted in aC-
cOr,lance with lOng-eStahiShed and faui iar
usage, which is simple, effective and under
responsible head.
The necessity for the possession of these
powers 10y appropriate officers will not be
called in question by iftcl igent citizens, who
al preciaie the importance OF peaceable, or
DERBY and lawful election. Similar powers are
conferred and exercised under the state laws
with respect tOS ate e .eCtiUnS. The executive
officers of the nIed States under tire exist
ing laws have no other or greater power To
supervise and control the conduct of Congress
81 nal elections than the state executive Off
GERS exercise in regard to State cec ions.
The bill tCtJr" me changes completely the
present law b. substituting for SPECIAL Deputy
VI Ir-l ais OF the existing Stututa new officers
hitherto unknown 70 the ltw, and who luck the
power, resp visibility and protection which
are ess 'HtIal to enable them to act efficiently
as executive officers.
The bill under consideration is rs follows:
To
Representatives OF he United States Of Amer
lea, in Congress assembled, That from and
after the passage OF this act the pay Of all
Icputv Marsh is for services in reference to
an election shall be s. for each day of actual
service, and no more.
SEQ >. That all Deputy Narshals to serve
in reference To any election sha be appointed
by the Circuit Cunt OF the Tn ted states for
the district in which sue Nar>hJis are to per
form their duties in each year, and the Jud s
OF the seve al circuit courts Of the United
States are hereby auf horned to open theft
respective courts a. any time for that purp Sc,
and in case the Circuit Courts shall not be
open for that purpose for aJ least ten days
prior to registration, il there he one, or
if no registration be required, then at
least ten Tvs before the election. the JUDGES
of the District { Iurts Of the United States are
hereby respectively authorized 10 cause their
courts to be opened for the purpose of APP
pointing such DCpUty NaTShalS, VINO shah be
appointed by Said District Courts and the OIL
GERS SO appointed shall be in equal numbers
from the different political parties, and snail
be wcl-known citizens Of good moral Charac-
ter, aud actual residents of the voting pre-
cine IN which their duties are TO be perform
cd and shall not be candidates fOrmy Cficeat
such election; and MI laws and pants Of laws
Inconsistent with this act are hereby repealed:
provided. that VI lrShalS Of the United atCs
for whom u pUJIvS shall be app united by the
Court under This act shall not &c liable tor any
Of the acts of SuCh ID, puties.'
1t will he observed that the Deputy MlrShalS
proposed by the bill before me are distinctly
different officers from tue Special Deputies Of
the Marshal IS such officers are now provided
for in the Statutes. This hill does not connect
the new Ulcers with existing laws relating to
Special ID putty MarShulS, SO rs to invest the
deputy NnrShalS with the same pow
ers. 10 impose upon them the same duties, and
TO give them the same pr lection by IN ans of
criminal laws. When new office. 5 are created
dis met in character and appointed by d. FIR
emf authority. although similar in name to the
officers alre d. provided for, such new officers
Ia rHG / ItlII lRG to no
criminal law, do not possess the same powers,
and are not similarly protected uni 50
ii is expressly so provided by legislation. The
so called Deputy MarShalS provided for in this
bill will have no executive head. The Mar
shall can neither appoint nor remove them.
He cannot control them, and he is not reSpOn-
sible for them. They will have no authority
t. call to their aid if 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 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 chimes are commit
ted in their presence. What powers they have
are confined TO the precincts in which they re-
side. Outside of the precinct for which they
are appointed the Deputy Marshals of this bill
cannot keep the peace, make arrCs :, mold
prisoners. take prisoners before prop
er tribunal for hearing, nor perform
any other duty. No OGthS 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 Tor neglect OF duty or
misconduct in Office. In all these respects this
bill makes 4 radical change between the pow
rrs of the United States officers at National
elections and the powers uniformly possessed
and exercised by State officers ~ State cleo
tons. This discrimination against the author
ty of the United States is departure from
the usage Of the Government established by
Dreccdents beginning with the earliest stat
Ites on the subject, and violates the true
principles of the Constitution.
The Supreme Court i'll the decision already
referred to SAYS: st is argued that the pres
ervatiOn of peace and good order in society
5 not within the powers CDniid. d to the Gov !
srnment of the United States but belongs eX- /
,lusively to the States. Here again we are /
net with the theory that the Government of I
he United States does not rest upon the
,Oil and territory Of the country We
hnk that this theory is founded on an /.
sntire miscDncepuOn of the nature and .
powers of that Government. We hold it to /.
ne an incOntrOVertble principle that the
Government of the United States may by
means of physical force exercised through /
Is official agents execute on every foot .
If American soil the powers ndIJrc ions that .
JelOng to il. This necessarily invUlv s the .
power to comulan obedience 10 its laws. and 4
renee the power Ju keen line peace to that cX- /
ent. This power to CufO c. IT'S laws and exc !
ute its functions in ali places does not dcrO-
rate from the power Of the State 70 execute /
he laws at the same time and in the same .
,lacc. The one docs not exclude the other, I
Except where both cannot be executed at the .
anne time. In that case the words of the Con- +
tiUutiUn itself SHOW which is to yield: This .
Constitution and all laws which shall be mnde /
II pursuance thereof shall be the supreme law .
f the land
In conclusion. it is proper to say that no OBJ
cotton would be made t. the 2ppu ntmcnt of !
III rcrs to act with reference 10 Ck ciiJns ~ [
he Courts of the United States, and nat am :
n favor f appointing CthcCrS TO supervise ,
nd protect elections W thOut cg I'll to party.
BUT the bill bclO. G me, while i T .cUguiz 5 the .
Owcr an duty Of III United States 10 pro-
idc officers t. gu -rd and SCrutiuiZc COlyrcSs-
Oual Ctiuus, TAI to ada;t its UTOyi .Ons t. .
Nisti' z laws SD IS 10 secure tliicicit super
iSiOn and protection. It i therefore C.
uTuCd toihc :, nat. in which il originated,
Or that further Consideration which Is con-
cmplatcd by the Constitution. /
RUTUERFORD B. HAYES.
FyrCT-TTvE NJ xSrpN I,+b I,tuo Is.n