Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1880-06-25

National Government out OF the United states
and relegate Il to the District of Columbia.
or perhaps to some foreign soil. We
shall bring il back to a condition of greater
helplessness than that OF the old ConIedera-
tion. The argument is based on the strained
and impractcnble view Of the nature and
power Of the National Government. IL must
execute its powers, or IL is no Governments. IL
must execute on land as well ns on the sea, on
thugs as well as persons, and to do this IL 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 its authority so long
as il keeps within the bounds of its juiisdic-
ton"
| 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
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 are au-
tnorihed, and it is their duty, in case of Com
Rrcssional elections, to keep the peace ut the
polls and places of registration, to arrest inn
mediately any person who is guilty of crime
against the United states Election laws, and
to protect all officers of election in the per-
fOrmancc 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 orcnsCs
alleged against him. Such special Deputy
Marshals as are specially empowered thereto
by the Marshals in writing, IF forcibly re-
ISLANDERS or posse comitatatus." IL is
made crime punishable with fine or
imprisonment to hinder hinder assault, or or
special Deputies, or to threaten or to attempt
to do SO. If any person appointed such special
Deputy Marshal has taken the oath of office
and thereafter ncglccts or refuses to fully dis
charge the duties of such office, he is punish
able not only by removal from office, hut 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 well-lSnown chief execu-
tive officer of the Courts of the United States
They arc In fact not merely in name, the Dcpu-
ties of the Marshal, but he and his bondsmCn
are responsible for them. A civil force for the
execution of the law is thus instituted in ac-
cOrdance with long-established and familiar
usage, which Is simple, effective aud under
responsible head.
The necessity for the possession of these
powers by appropriate officers will not he
called in question by intelligent citizens, who
appreciate the importance of apeaceable, or
derly and lawful election. Similar powers are
conferred and exercised under the state laws
with respect to s. ate elections. The executive
officers of the United States under tre exist
ing laws have no other or greater power to
supervise and control the conduct of Congress
si0nal elections than the state executive otii-
GERS exercise in regard TO State elections;
The bill before me changes completely the
present law by substituting for special Deputy
MnrShnls of the existing statutes new officers
hitherto unknown TO the law, and who lack the
power, responsibility and protection which
are essential to enable them to act efficiently
as executive officers.
The bill under consideration is as follows:
"I}c il enacted, by the Senate and House of
Representatives of the United States of Amer
lea, in 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 he s. for each day of actual
service, and no more.
"SEC. 2. 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 sucl Marshnls are to per-
form their duties in each year, and the Jud ge5
of the several Circuit Courts of the United
States are hereby authorized to open their
respective courts AT any time for that purpu So,
and in case the Circuit Courts shall not TO
open for that purpose for ut least ten DAY
prior to registration, II there be one, or
If no registration be required, then ut
least ten d Iys before the election, the Judges
of the District Courts of the United States are
hereby respectively authorized to cause their
courts to be opened for the purpose of ap-
pointing such Deputy Marshals, who shall be
appointed by said District Courts, and the Off
GERS so appointed shall be in equal numbers
/ from the different political PARTIES and shall
! be well-known citizens OF good moral charac-
! ter and actual residents of the voting pre-
cnc's in which their duties are to be perform
ed, and shall not be candidates forany Office at
| such election; and all laws and parts of laws
1 Inconsistent with this act are hereby repealed (;
| provided, that Mslrshals of the United STAT es
| for whom Deputies shall be pointed by the
Court under this act shall not be liable for any
/ of the acts of such Deputies"
| 1t will be observed that the Deputy Mlrshals
I proposed ny inc Dill DtIOrc me arc ulStlnCtly
| different officers from the Special Deputies OF
| the Marshal rs such officers are now provided
| for in the Statutes. This bill does not connect
/ the new officers with existing laws relating TO
| Special Deputy Marshals, so as to invest the
proposed Deputy Marshals with the same pow
/ ers, TO impose upon them the same duties, and
| 10 give them the sumo pr JtectiOn by m ans Of
criminal laws. When new oliceis are crentel
| dis inCt in character and appointed by d n r
| cnt authority. although similar in name 10 the
| officers already provided for, such new officers
] not held DV glmllur DppCihilifieS 10 thp
criminal law, do not possess the same powers,
and are not Hmilnry protected unless
/ it is expressly so provided by legislation. The
| so called Deputy MArshals provided for in this
/ bill will have no executive head. Thc NJ .T-
/ shul can neither appoint nor remove them
/ lie cannot control them, and he is not respOn-
/ sihle for them. They will have no authority
] to call to their aid if resisted the posse cOmi-
/ 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 n lawful election will be nc
more than an ordinary assault upon any her
| citizen. They cannot keep the peace. They
! cannot make arrests when crimes are commit
/ ted in their presence. What powers they have
are confined TO the precincts i'll which they re-
/ side. Outside of the precinct for which they
are appSINcd the Deputy Marshuls of this bill
| cannot keep the peace, make urrtsJs, hold
prisoners, take prisoners before prop
| er tribunal for hearing, noe perform
any other duty. No ouths Of office are required
| of them, and they give no bond. They have
! no superior who is responsible for them, and
misconduct in Oilice. In all these respects this
! bill makes radical change between the pow.
| ers of the United States officers at National
| elections and the powers uniformly possessed
! and exercised by State officers at State elcc'
/ tions. This discrimination against the aut hor
ity of the United States IL Il departure from
the usage of the Government established by
precedcnts beginning with the earliest stat
utes on the subject and violates the trul
| principles of the Constitution.
! The Supreme Court in the decision already
| referred to says: at is argued that the pres
erVatiOn Of peace and good order in society
| is not within the powers contdCd to the Gov
| ernmcnt of the United States, but belongs eX
clusively TO the States. Here again we are
met with the theory that the Government OF
the United States does not rest upon The
soil and territory of the country. We
| think that this theory is founded ON az
| entire msconception Of the nature anc
powers of that Government. We hold II tC
hC an incOntrOvertible principle that tlH
| Government of the United Stntes may by
means of physical force exercised through
| its official agents execute on every foot
of American soil the powers and i;lrc ions that
| belong to il. This necessarily involves the
power to command obedience to its laws, anc
| hence the power to keep the peace to that cN
| tent. This power to cnfS"c1 its laws and exc
cute its functions in all places does not drro
gate from the power of the State to eNeCut,
the laws mt the same time and in the same
place. The one does not exclude tho other
| except where both cannot be executed nj thC
same uime. In that case the words of the Con-
stitutiOn itself show which is to yield: This
! Constitution and all laws which shall be mrdt
in pursuance thereof shall be the supreme law
| of the land
In conclusion, it is proper 10 say that no oh
! lection would be made ~ the appointment OF
! officers TO act with reference 10 cl, ciiuns hy
the Courts of the United States, and that am
| in favor II appointing oihocrS 10 supervise
and protect elections without regard 10 party
! But the hill bCfOI @ me, while Il recognizes the
power AMI duty OF he United States to pro
vide officers To guard and scrutinizc Congress
iOnal elections, fails TO adapt its provi lions Il
existing laws so Hs to secure efficient super
| vision and protection. IL is therefore 10
| turned to the Senate, I'm which il originate |
for that further consideration which is con
templated by the Constitution.
RuTHEnFORD b. HAYES.
! EXECUTIVE MANSION, 18th June, 1880.
BISHOP SELwYN was a benevolen
and kindly spoken man, as well US (
great and famous one. He interested
himself much in the poor, especially il