Northern Ohio journal. [volume] (Painesville, Ohio) 1872-1896, 1880-06-19

Government, Wn1CQ is III Q1reCC CO0n1CC W1tn
the judgment of the highest judicial tribunal
of our country.
Under the sections of the present law above
quoted officers of the United States au-
tnorized, and it is their duty, in case of Con-
eressional elections, to keep the peace at the
polls and places of registration, to arrest inn
mediately any person who is guilty of crime
against the United States Election laws, and
formance 70 nance Of Of their duties, and, whenever Fan an
arrest is made, to bring the person so arrested
before Commissioner, Judge, or Court of the
alleged against him: Such special Deputy
Marshals as are specially emp?wered thereto
staaders or posse Sc, comitatatns" M !. 1T It is
aas to hindep assault, ne OF
otherwise interfere with a Marshal or his
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 neglects or refuses to fully dis
able not only by removal from office, but by
fine and imprisonment. The functions of
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: civil force for the
cordance with 1ong-established and familiar
usage. which is simple, effective and under
The necessity for the possession of these
powers by appropriate officers will not be
C6lleO IN question Dy 1nteluRenC ClI1ZenS, VINO
appreciate the Importance Of apeaceable, or
derly and lawful election. Similar powers are
conferred and exercised under the State laws
with respect to ST ate elections. The executive
officers of the United States under the exist
ing laws have no other or greater power to
supervise and control the conduct of Congress
sional elections than the State executive Off
GERS exercise in regard to State elections:
present law by substituting for special Deputy
Marshals of the existing statutes new officers
hitherto unknown to the law, and who lack the
regnnn nrntaRfinn Whiph
are essential to enable them to act efficiently
as executive officers.
The bill under consideration is as follows:
>, BE 1t enacted, by the Senate and House of
Representatives of the United States of Amer
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
the district in which such Marshals are to per-
form their duties in each year, and the Judges
States are hereby authorized to open their
respective courts at any time for that purpose,
open for that purpose for at least ata ten h days
prior to registration, ii there be one, or
II no registration be required, then at
of the District Courts of the United States are
hereby respectively authorized to cause their
pointing such Deputy Marshals, who shall be
appointed by said District Courts, and the Off
from the different political parties, and shall
be well-known citizens of good moral charac-
cincts in which their duties are to be perform
ed, and shall not be candidates for any 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 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 Marshals
proposed by the bill before me are distinctly
different officers from SnQrIal nf
the Marshal as such officers are now provided
for in the Statutes. This bill does not connect
Special Deputy Marshals, SO as to invest the
proposed Deputy Marshals with the same pow
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
criminal law, do not possess the same powers,
and not similarly protected unless
it it is expressly @p @p SO provided by legislation The
bill viii have no executive head The Mar
shal can neither appoint nor remove them.
He cannot control them, and he is not respon-
to call to their aid if resisted the posse comi-
tatus. They are protected by no criminal
An assault upon one of these Deputies with
intent to prevent lawful election will be no
nfnen 9na ev n b aay er
cannot make arrests when crimes are commit
ted in their presence. What powers they have
are confined to the precincts in which they re-
are appointed the Deputy Marshals of this bill
prisoners, take prisoners before a prop
er tribunal for hearing, nor perform
y6y No Te OF
no superior who is responsible for them, and
they are not punishable for neglect of duty or
bill makes a radical change between the pow
ers of the United States officers at National
ana exercised by State officers at State cleo
tions. This discrimination against the author
ity of the United States is departure from
the usage of the Government established by
precedents beginning with the earliest stat
utes on the subject, and violates the true
The Supreme Court in the decision already
referred to says: sit is argued that the pres
is not within the powers confided to the Gov
ernment of the United States, but belongs ex-
clusively to the States Here again we are
the United States does not rest upon the
soil and territory of the country. We
powers of that Government. We hold it to
Government of the Uuited States may by
| means of physical force eexercised through
Of Of American % Sc soil the powers and funcfions that
belong to it. This necessarily involves the
| power to command obedience to its laws, and
| hence the power to keep the peace to that ex-
tent. This power to enforce its laws and exc
cute its functions in all places does not dero-
| gate from the power Of the State to execute
the laws at the same time and in the same
| place. The one does not exclude the other,
| except where both cannot be executed at the
same time In that case the words of the Con-
| stitution itself show which is to yield: This
| Constitution and all laws which shall be made
| in pursuance thereof shall be the supreme law
| of the land -
In conclusion, it is proper to say that no OBJ
| lection would be made to the appointment of
| officers to act with reference to elections by
the Courts of the United Sttes, and that am
| in favor Of appointing officers to supervise
and protect elections without regard to party.
But the bill bcfo me, while it recognizes the
| power and duty of the United States to pro-
| vide officers to guard and scrutinizc Congress
ional elections, fails to adapt its provisions to
/ existing laws so as to secure efficient super
vision and protection. 1t is therefore re-
| turned to the Senate, in which it originated,
I for that further consideration which is con.
tcmplated by the Constitution.
| RUTHERFORD b. HAYES.
EXECUTIVE MANSION. 18th June, 1850