National Republican., 1880-06-16

out jealous interference on either side, TO ex-
ercise all tho powers which respectively be-
long to them according to "A fair and practical
construction of the constitution. State rights
and tho rights Of the United States should be
equally respected both are essential TO tho
of bur liberties aud tho peipctuity
of our institutions. But in endeavoring 10
vindicato the one we should not allow our
zeal TO nullify or impair the other. The truc
doctrine, as we conceive, is this: That while
the STATES are really sovereign as to all matters
which have not been granted to tho jurSdiC-
tion and control Of tho United States, tho
constitution and constitutional laws of tho
latter are, rs we have already said, the supreme
law of the land; and when they conflict with
the laws of the states they nro of paramount
authority and obligations. This is the funda-
mental principle ON which the authority of
the constitution is based, and unless it be
conceded in practice as well as theory, the
fabric Of our institutions, MS it WAS Contem
plated by its founders, cannot stand. The
questions involved have respect not ~ ore to
the autonomy aud existence of the states than
to tho continued existence of the United States
MS government to which every American cit
izen may look for security aud protection IN
every part Of tho land. Why do we have mar
shnls at all If they cannot physically lay hands
on persons and things in the performance of
their proper duties2 What functions can
they perform If they caunot use force? In cX.
ecuting tho process of the courts must they
call ON ths nearest con n,table for protection
Must they rely on him to uso the requisite
compulsion and to keep the peace while they
aro soliciting ana cntrealing the parties ana
bystandcrs to allow the law TO take its course !?
rms Is the necessary consequence Of the posi-
tiOn assumed. II we indulge in such i'm prac-
ticable viows as these and keep ON refining
and rr-rciining, we shall drive tho national
government out of the United States and
relcgate it to the District of Colum.
bia or perhaps TO some foreign soil
We shall bring il back to condition of greater
helplessnGss than that OF the old coniedcra-
tion, Tho argument IS based on strained
and impraCticablo view of the nature and
powers Of the national government. Unjust
execute its powers or il is no government. 1t
must execute them on The Ian 4 as we'll as on
tho sea, on things rs well us on persons, ard to
do this it must necessarily have pnwer to
command obedience, preserve order and keep
peace, and no person or power in this land has
tho right to resist or question its authority
so long rs IL keeps within tho bounds Of its
jurisdiction"
| have deemed it fitting and proper
to quote Tins largely from an important
and elaborate opinion Of tho supreme court,
because the law before me proceeds upon u
construction Of the constitution as to tho powers
VI Ilb illliUUuI government which Is III ulTeCt
conflict with the Judgment OF the highest
judicial tribunal of our country. Under the
sections of the present law above quoted,
officers Of tho United States are au horized
and it is their duty in the Cnso of congress
sional elections, 10 keep the peace mt the polls
and at the place of registration TO arrest i'm
modiatoly any person who is guilty of crimes
against the United States election laws; to
protect all officers of election in tho perform
N,.ft hair 1ni nn1 ,N,b.
is made to bring the person so arrested before
a commissioner, judge or court Of the United
States for examination of ofienses alleged
against him. Such special deputy marshuls
a3 arc specially empowered thereto by the
marshal in writing, If forcibly resisted, may
call TO their aid the bystandeis as posse
comiratus. II is made q crime punishable
with fine or imprisonment to hinder, assault
or otherwise interfere with II murshal or his
special deputies, or to threaten OF to at
tempt to do 80. Ii any person ap.
pointed such special deputy marshal
has talion the oath of Office and
thereafter neglects or refuses to fully dis.
charge the duties of such Office, ii is punishable
not only by removal from office, but by fines
and imprisonment. Tho functions of the
special deputy marshals now provided for by
law being executive, they arc placed under the
authority of the well-known chief executive
officer of be courts Of the United States. They
are in llot and not merely in name, he depu.
ties of tho marshal, and he and his bomtlsmon
are responsible for them. 4 civil force for the
execution of the laws is thus instructed in aG.
cordance with long established and familiar
usage, which is simple, effective and under Il
responsible head. Tho necessity for the pos
session of these powers by appropriate officers
will not be called in question by intelligent
ctizans who appreciate the Importance of
pcaceable orderly and lawful elections
Similar powers arc conferred and exercised
under state laws with respect TO state
elections. Tho executive officers of tho
United States und,r the existing laws
have no other or greater power to supervise
aud control tho conduct Of the congressional
elections than the state executive officers OK
erGise in regard to state elections. Tho bill
before me changes completely tho present law
by substituting for tho special deputy mar
shals of the existing statutes new officers
hitherto unknown to the law, and who lack
the power, responsibility aid protection which
arc essential to enable them to act efficiently
as executive officers.
The bill under consideration is as follows
Be enacted by The senate and house Qf Representa-
tires Gf he United states Qf Amercu IN congress as
seHbed, That from and aftor the passage this act
the pay of all deputy mnrshas for scviccs in refer.
enco to amy election shall be s5 for each day OF
actual service and no more
SEC. .. That ali deputy mNTshNls to sorvo in
reference TO any election shall be appointed by the
circuit COur. OF the United States for the district in
which such mnrshas are to perform their duties in
each year. and the judges of tho seYorn circuit
courts of the United States are hereby authorized
% open their respective courts at any time for that
purpose and in the circuit courts shall not be
opun for that purpose at least ten days prior TO u
rcgiStrnion If there bo one, or If no registration be
required. then at least ten days before the election
the Judges OF the district courts of tho
United states are hereby respectively authorized
TO cause their courts TO be opened for the purpose
OF appointing such deputy marshals who shall be
appointed by tho said district courts, nnd the uh-
coIs so appointed shall DO in equal numbers from
the different political parties, aud shall be wcl-
known cit2ons OF good moral character aud actual
residents Of the voting precincts IN which their
duties are TO be performed and shall not be candl-
dates for any office as such election and all law
ana paris OF laws inconsistent with this act are
hereby repealed; provided that the nashals OF the
United States for whom deputies shall be NppO ntcd
by tho court dnder this act shall not be liable for
any Of tho acts Of such doputioS
1t will he observed that the deputy marshals
proposed by the bill before mo are distinctly
different officers from the special deputies of
the marshal, as such officers RrO now provided
for in the statutes. This bill does not connect
the new officers with the existing laws relat-
ing 10 special deputy maIshals 30 MS to invest
tho proposed deputy marshals with the same
powers, to impose upon thom tho same duties,
aud to give them tho sams protection by the
means of tho criminal laws Whom new oili-
GERS are created distinct in character and ap-
pointed 10y different authority, although SINH
lar in name to officers already provided for,