The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1880-07-01
THE DEPUTY MARSHALS.
VIGOROUS VETO BY THE PRESI
DENT OE THE DEMOCRATIC
BILL

]
Marshals, I am constrained to with
hOlp from it my approval, and to
return it to the Senate in which it
originated, with my objections to its
passage. The laws now in force on
the subject of the bill before me, are
contained in the following sections
Of the revised statutes, 2,021, 2, 8,
1, s, 552l, 2, which are quoted: The
Supreme Court Of the United States,
in the recent case Of ee-parte SieboIt
and others, decided at the Oct. term
of 1879, on the question raised in the
case as to the cOnsEtutionality of the
sections Of the revised statutes, above
quoted, uses the following language
''These portions of thereYised statutes
aretaken from an act, commonly
known as the enforcement act an
proved May 81, 1870, and entitled an
act to enforce the right of citizens
Of the United States to vote in the
several States in this Union and fol
other purposes, and from asuppIe-
ment to that act, approved February
| 28, 1871. They relate to the cleo
tions of members Of the House OF
Representatives, and were an asser-
ton on the part Of Congress Of a
power to pass laWsfOr regulating and
experimenting said elections, and
for securing the purity thereof and
the rights Of citizens to vote thereat
peaceably and without molestation.
It must be conceded to be a most
important power, and of a funda-
mental character In the light Of re-
cent history and Of the various frauds,
corruption and irregulariby which
have frequently prevailed at such
elections, it may easily be ConceiV-
ed that the exertion of the power, il
it exist, may be necessary to the sta
bility of our form Of government.
The greatest difficulty in coming to
a Just conclusion arises from mis-
taken notions with regard to the re-
Iations which subsist between the
State and national governments. 1t
seems to be often overlooked that a
national constitution has been adopt
ed in this country, establishing a real
government therein, and which,
moreover, is, or should be, as dear
to every American citizen as his
State government is. Whenever a
true conception Of the nature of
this government is once conceded,
no real difficulty viii arise In o Just
Interpretation Of its power; but if
we allow ourselves to regard It as a
hostile organization, opposed to the
proper sovereignty and dignity of
State governments, we shall con
tinue to be vexed with difficulties as
to its Jurisdiction and authority
I have deemed it fitting and prop
er to quote thus largely from an i'm
portant and elaborate opinion of the
Supreme Court, because the bill be-
fore me proceeds upon a constrUc
tiOnof the Constitution as to the pow
ers of the National Government,
which is in direct conflict with the
judgment Of the highest Federal tri-
bunal Of our country. Under the
sections of the present law, above
quoted, officers Of the United States
are authorized, and it is their duty,
in the case of Congressional cleo
tions, to keep peace at the polls and
places Of registration, to arrest i'm
mediately any person who is guilty
of crimes against the United States
election laws, and to protect all Off
GERS of election in the performance
of their duties, and whenever an ar
rest is made to bring the person so
arrested before the Commissioner,
Judge or Court of the United States
for examination of the offenses al
legged against him. Such special
deputy marshals as are specially en-
powered thereto, by the marshals IN
writing, if foroibly resisted, may
call to their aid the bystanders
or posse c0mitDtus. 1t is made
crime punishable with fine or i'm
prisonmenb to hinder, assault or
otherwise interfere with q marshal
or his special deputies, or threaten or
attempt to do so. If any person ap-
pointed such special deputy marshal,
has taken the oath of Office and there
after neglects or refuses to fully dis
charge the duties of such office, he
is punishable not only by removal
from Office but by fine and imprisOn-
ment. The functions Of special dep.
uty marshals now provided for
by law, being executive, they are
placed under the authority of the
we'll known chief executive officer of
the courts of the United States.
They are In fact, not merely in name,
the deputies of the marshal, and he
and his bondsmen are responsible
for them. A civil force for the exc
cution of the law is thus instituted
in accordance with long established
and familiar usage, which is simple,
efficient and under a responsible
head. The necessity for the posses
sion Of these powers by appropriate
officers will not be called IN question
by intelligent citizens, who appreci-
ate the importance of peGceable, or
DERBY and lawful elections. Similar
powers are conferred and exercised
under State laws with respect to
State elections. The executive Off
GERS Of the United States under ex- /
isting laws, have no other or greater
power to supervise and control the
conduct of Congressional elections
than the State executive officers ex-
ercise in regard to State elections.
The bill before me changes complete
ly the present law by substituting
for special deputy marshals of exist
ing statutes, new officers hitherto un-
known to law and whoiack the power,
responsibility and protection, which
are essential to enable them to act
efficiently as executive officers.
After quoting the bill under con.
sideration the message proceeds: 1t
viii be observed that the deputy
marshals, proposed by the bill be-
fore me, are distinctly different off
GERS from the speciql deputies of the
r.
p ei ~ .o statutes.
bill ICES not connect the new officers