The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1880-06-25

either side, to exercise ali the powers which
respectively belong to them according to Q
| fair and practical construction OF the COnsti-
tuition. State rights and the rights OF the
United States should be equally respected.
Both are essential to the preservation of our
liberties and the perpetuity OF our institutions.
But, in endeavoring to vindicate one, we
should not allow our zeal to nullify or impair
the other.
that while States are really sovereign as to all
matters which have not been granted to the
jurisdiction and control of the United States,
the latter are as w a have alreay sad a tSs s
preme law of the land, and when they conflict
with the laws of States they are of paramount
ag % 5ne
Constitution Is based, and, unless it be con-
coded in practice as well as theory, the fabric
OF our institutions, as it was contemplated by
vOlved have respect not more to the autonomy
and existence of the States than to the con-
tinued existence Of the United States az the
may look for security and protection in every
"Why do we have Marshals at all, If
persons and ::things in the performance
of their proper duties? What functions
they the trey of
must they call on the nearest Constable for
protection? Must they rely on him to use
and to keep the
|
parties and bystanders to allow the law to
| take it's course? This is the necessary cOnse-
quence of the position assumed; If we indulge
| in such impracticable views as these, and keep
| on refining and rerefining, We shall drive the
National Government out of the United States
and relegate it to the District of Columbia,
| or perhaps to some foreign soil. We
| shall bring it back to a condition of greater
helplessneSS than that Of the old COnfedera-
| ton. The argument is based on the strained
and impracticabie view of the nature and
| power Of the National Government. 1t must
execute its powers, or it is no Government. 1t
| must execute on land as well as on the sea, on
necessarily have the power to command ODE
| 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 it keeps within the bounds of its jurisdic-
| tiOn."
1 have deemed it fitting and proper to quote
opinion of the Supreme Court, because the bill
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
thorized, and it is their duty, in case of Con-
gressional elections, to keep the peace at the
polls and places of registration, to arrest i'm
against the United States Election laws, and
to protect all officers of election in the per
Torrance of their duties, and, whenever an
arrest is mtUe, 10 DrlnS the person SO arrested
before Commissioner, Judge, or Court of the
United States for examination OF the Offenses
alleged against him. Such special Deputy
Marshal. r as are specially empowered thereto
sisted may call to their aid the by
ISLANDERS or posse comitatatus." It is
made a crime punishable with fine or
otherwise interfere with Marshal or his
special Deputies, or to threaten or to attempt
to do So If any person appointed such special
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
special Deputy .Marshals non-provided for by
law, being executive, they are placed under
the authority of the well-known chief execu-
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 ac-
cOrdance with lOng-establshed and familiar
usage. which is simple, effective and under a
responsible head.
The necessity for the possession of these
powers by appropriate officers will not be
appreciate the Importance of apeaceable, Or
derby and lawful election. Similar powers are
conferred and exercised under the State laws
with respect to State 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
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 to the law, and who lack the
power, responsibility and protection which
are essential to enable them to act efficiently
The bill under consideration is as follows:
BE 1t 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 be 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 such Marshals are to per-
of the several Circuit Courts of the United
States areShereby authorized to open their
respective courts at any time for that purpose,
and in case the Circuit Courts shall not be
open for that purpose for at least ten days
prior to registration, ii there be one, or
If no registration be required, then Mt
Of the District Courts OF the United States are
hereby respectively authorized to cause their
courts to be opened for the purpose of APP
appointed by said District Courts, and the Off
GERS so appointed shall be in equal numbers
from the different political parties, and shall
ter, and actual residents Of the voting pre-
cincts 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
inconsistent with this act are hereby repealed;
provided, that Marshals Of the United States
for whom Deputies shall be appointed by the
Court under this act shall not lie liable for any
of the acts of such Deputies"
1t will be observed that the Deputy Marshals
proposed by the bill before me are distinctly
different officers from the Special Deputies OF
the Marshal as 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
to give them the same protection by means OF
criminal laws. When new officers are created
distinct in character and appointed by differ
ent authority. although similar in name to the
officers already provided for, such new officers
are not held by similar responsibilities to the