American citizen. [volume] (Canton, Miss.) 1864-1890, 1880-06-26
MISS. SATURDAY, JUNE rs, 1880.


ton. The argument is based on the strained
and impracticable view of the nature and
power of the National Government. 1t must
execute its powers, or it is no Government. II
must execute on land as well on the sea, on
things as well as persons, and to do this II must
necessarily have the power to command Obe-
dience, preserve order, and keep the peace,
and no person or power in this land has the
right TO resist or question it's authority so long
AS it keeps within the bounds of its julisdic.
ton"
1 have deemed IT fitting and proper to quote
thus largely from an important and elaborate
opinion of the Supreme Court, because the bill
before me proceeds upon a construction of the
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 are au-
tnoriAed, ind it is their duty, in case of Con-
OCCASIONAL elections, 10 keep the peace at the
polls and places of registration, to arrest i'm
against the United States Election laws, and
forInancc of their duties, and, whenever an
arrest is made, to bring the person so arrested
before Commissioner, Judge, or Court of the
United States for examination of the otfenses
MarshaIs as are specially empowered thereto
sisted may call to their aid the by
ISLANDERS or posse cOmitatatus." 1t is
made crime punishable with fine or
imprisonment to hinder, assault, or
otherwise interfere with Marshal or his
special Deputies or to threaten or TO attempt
VI
Deputy Marshal has taken the oath of office
and thereafter neglects or refuses to fully dis
charge the duties of such office, he is punish
able not only by removal from Office, but by
fine and imprisonment. The functions of
special Deputy Marshals non-provided for by
law, being executive, they are placed under
the authority of the welEknown chief cxecu-
tive officer of the Courts of the United States.
They are In fact, not merely in name, the Depu-
ties of the Marshal, but he and his bondSmen
are responsible for them. A civil force for the
execution of the law is thus instituted in
with long-established and familiar
usage, which is simple, effective and under a
head.
The necessity for. the possession of these
pow ers by appropriate officers will not be
called in question by intel igent citizens, who
appreciate the Importance of apeaceable, or
DERBY and lawful election. Similar powers are
conferred and exercised under the state laws
with respect to 81 ate elections. The executive
officers of the United States under tie 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 elections.
The bill before me changes completely the
present law by substituting for special Deputy
Marshals of the existing statutes new officers
hitherto unknown 10 the law, and who lack the
power. responsibility and protection which
are essential to enable them to act efficiently
The bill Under consideration Is rs follows:
"Be il enacted. by the senate and House Of
of the United states of Amer.
ca- i'll Congress assembled, That from and
after the passage of this act the pay of all
Deputy Marshals for services in reference to
any election shall be 50 for each day of actual
service, and no more.
"SEC. =. That all Deputy Marshals to serve
IN reference to any election shall be appointed
by the Circuit Court of the United States for
the district in which such Narshals are to per-
form their duties in each year. and the Judges
Of the several Circuit Courts of the United
states are hereby authorized to open their
courts al any time for that purpose,
and i'll case the Circuit Courts shall not be
to- fPr there 5e ten days S
4 no registration be required, then at
east ten iys before the election, the Judges
lf the District Courts OF the United States are
hereby respectively authorized to cause their
courts to be opened for the purpose of APP
fq bY said Courts " and s dhe o ~
ceIs so appointed shall be in equal numbers
from the different political parties, and shall
be well-known citizens OF good moral chara6-
er, and actual residents of the voting pre-
,inc's in which their duties are to be perform
ID, and shall not be candidates for any office at
such election; and all laws and PAL Is OF laws
with this act are hereby repealed;
that Marshals Of the United States
or whom Deputies shall be app pinted by the
JouiSiinder this act shall not Se liable for any
If the acts of such Deputies"
1t will be observed that the Deputy Marshals
proposed by the bill before me are distinctly
iiferent officers from the Special Deputies Of
he Marshal % such officers are now provided
or in the Statutes. This bill does not connect
he new officers with existing laws relating to
special Deputy Marehals, SO as to invest the
proposed Deputy MrrshaIs with the same pow,
rs. to impose upon them the same duties, and
o give them the ime protection by means of
criminal laws. When new olice.s are crented
lie inct in character and appointed by difer-
mt authority, although similar In name to the
Ulcers already provided for. such new officers
re not held by similar responsibilities to the
nd are not similarly protected uni So
I is expressly so prov ided by Legislation. The
Q called Deputy Marshals provided for in this
hal can neither appoint nor remove them.
lie cannot control them, and he is not resp0n-
lille for them. They will have authority |
d call to their aid If resisted the conf |
atus. They are protected by no criminal |
IN assault upon one of these Deputies with |
ntent to prevent a lawful election will be no |
nore than an ordinary assault upon any other |
itizen. They cannot keep the peace. They |
annot make arrests when CT lines are commit |
ed In their presence. What powers they have |
re confined to the precincts in which they re- |
ide. Oatside Of the precinct for which they |
re appointed the Deputy Marshals of this bill |
annot keep the peace, make arrests, hold |
ny other duty. No oatns of office are required |
them, and they give no bond They have
O superior who is responsible for them, and |
hey are not punishable for neglect of duty or |
Misconduct in office. In all these respects this
RS of the United States officers at National
lections and the powers uniformly possessed
nd exercised by State officers at State cleo
ouS. This discrimination against the author
y of the United States is a departure from
lie usage of the Government established by
recedents beginning with the earliest stat
ties on the subject, and violates the true
rinciples of the Constitution.
The Supreme Court in the decision already
,ferrcd to says: at is argued that the pres
rvation of peace and good order in society
not within the powers coniidod to the Gov
rnment of the United States, but belongs ex-
usively to the States. Here again are
Jet with the theory that the Government of
he United States does not rest upon the
Ill and territory of the country. We
link that this theory is founded on an
ltire misconccption of the nature and
overs of that Government. We hold it to
, an incontrovertible principle that the
ovcrnmcnt of the United States may by
cans of physical force exercised through
5 official agents execute on every foot
American soil the powers and T,Inc ions that
over to mnand obedience to it's laws, and
,nce the power to keep the peace TO that ex-
mt. This power to enforce its laws and exc
tie its functions in all places does not derO-
ito from the power of the State TO execute
e laws at the same time and i'll the same
ace The one does not exclude the other,
icept where both cannot be executed Mt the
me time. In that case the words of the Con-
tuition itself show which is to yield: This
pursuance thereof shall be the supreme law
the land
In conclusion, it is proper to say that no OBJ
ion would be made to the appointment of
.crrs to act with reference to elections by
e Courts of the United States, and that am
favorof appointing officers to supervise
id protect elections without regard to party.
1t the bill bcfo' C me, while 1t recognizes the
,wer AMI duty of the United States to pro-
dc officers to gulrd and scrutinizc Congress
nal elections, fails to adapt its provisions to
listing laws SO us to secure efficient super
sion and protection 1t is therefore re-
rncd to the Sc nate, in which it orginaiel !,
r that further consideration which is con-
mplated by the Constitution.
RUrHERFoRp b. HAYES.
MANSION, 18th June, 1850.
BISHOP SELwYN was benevolent
id kindly spoken man, as well as a
~ s.. l. go Il l