The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1880-07-01
VETOED.
Full Text Of Pres. Hayes Veto Of the
Deputy Marshal Bill.

l. 1SSluCllC 1ldtSo SCllG IllC 1OllOW
veto message to the senate June 10:
After mature consideration of the bill entitled
An act regulating the pay and appointment of
deputy marshals, l am constrained to withhold
from it my approval, and return it to the senate,
in which it originated, with my objection to its
passage.
The. laws now in force on the subject of the bill
before are contained in the following sections Of
the revised statutes: Section 202l: Whenever an
election Mt which representatives or delegates i'll
congress are to be chosen is held in any city or
town of 20 900 inhabitants upwards, the mar
shall for the district in which said city or town is
situated shall application in writing of ut least
two citizens residing in such city or town appoint
special deputy marshals whose duty it shall be
when required thereto to aid and assist supervisors
of election in the certiicaton of any list of per-
in each election district or voting precincts at the
times and places when and where the registration
may by law be scrutnized, and the nance regist-
cred and votes be marked for challenge, and also
to attend
ALL TIMES FOR HOLDING ELECTIONS
the polls in such district or precinct"
Section 1922. The marshal and his general
deputies shall keep the peace and support and
protect supervisors of election in discharge of
their duties preserve order at such places OF regis
tration, and at such polls, prevent fraudulent
registration and fraudulent voting thereat, or
fraudulent conduct on part Of any officer of cleo
ton and Immediately at the place of registration
or polling place or elsewhere, and either before or
after registering or voting to arrest and take into
custody with or without process any person who
commits, or attempts or offers to commit acts or
offenses prohibited herein, or who commits an Of
tense against the laws of the United States; but
no person shall be arrested without process for any
offense not committed in the presence of the mar
sha his general special deputies, either of
them OF supervisors of elections, or either Of
them; and for the purposes of arrest or preservs-
tion of the peace the supervisors of election shall
in the absence of marshals deputies, or if required
to assist such deputies, have the same duties and
powers as deputy marsh,.ls; nor shall any person
on the day of such election be
ARRESTED WITHOUT PROCESS
for any offense committed on the day of rgistla-
ton.
Section 1923. Whenever any arrest is made un-
der any provision of this title, the person 80 ar
rested shall forthwith be brought before a COM
missioner judge court of the United States for
the examination of offenses alleged, and such
commissioner, judge or court shall proceed in re-
spect thereto as authorized by law in the case OF
crime against the United States.
Section 2024. The marshal or his general depu-
ties such special deputies as are thereto speci
ally empowered by him in writing, and under his
hand and seal, whenever he or either or any of
them is forcibly resisted in executing their duties
under this title, shall by violence, threats Or
menaces be prevented from executing such duties
or from arresting any person who has committed
any otfense for which the marshal or his general
special deputies are authorized to make such
arrest are and each of them empowered to sum-
mon and call to his aid by-stande1s or a posse
comitat,s of his district.
Section POPS. No person shall be appointed
supervisor of election or deputy marshal under
the preceding provisions who is not at the time of
his appointment qualified voter of the city, town
county parish election district or voting pre-
cinct in which his duties are to be performed. If
any person be appointed supervisor Of election or
special deputy marshal under the provisions of this
title of the elective franchise, and has taken the
oath of office such supervisor Of election such
special deputy MARSHAL and thereafter neglect or
refuses
WITHOUT GOOD AND LAWFUL EXCUSE
to perform and discharge fully the duties of such
office until the expiration of the term for which he
was appointed, he shall not only be subject to re-
moval from office with loss fall pay emouments,
but he shall be punished by imprisonment with
not less than SIX months or more than one year,
or by fine of not less than 5000 and more than
$500, or by both fine and imprisonment and shall
pay the cost of prosecution.
Section 1922. Every person whether with or
without any authority, power or process, or pre-
tended authority, power or process of any state or
territory municipality, who Obstructs, hinders
assaults by bribes solicited taken otherwise,
nterteres with or prevents supervisors OF elections
or of either of them the marshal or his general
of specia; deputies or either of them in the per-
formance of any duty required of them, or which
he or they, or either of them may be authorized to
perform by any law of the United States, in the
execution of process or otherwise, or who by any
means before mentioned hinders or prevents free
attendance ut such places of registration or at
polls of election, or to and from any room where
ala, nf
votes, or of making any returns or certificates
thereof may be had or who moests, interferes with
removes or elects from any such place of regstra-
tion poll of election; of canvnssing the votes
cast thercat, or of making returns of certificates
thereof, any
SUPERVISOR OF ELECTION,
the marshal his general special deputies or
either of them, or who threatens attempts, or
offers so to do, refuses negects to aid and
assist any supervisor Of election marshal or his
general or special deputies or either of them, in
the performance of his or their duties when re-
qulred by him or them, or either of them, to give
such aid and assistance, shall be liable to instant
arrest without process, and shall be punished by
Imprisonment of not more than two years or by
fine not more than So 900, or by both such fine
and imprisonment; and shall pay the cost of
prosecution"
The Supreme Court of the Uuited States in a
recent case of ex-parte Siebot and others. do
cded Mt October term. 1879 on question raised
in the case as to the constitutionalty of the
tons of the revised statutes above quoted the
following language: These portions of the re-
vised statutes are taken from the act commonly
known as the enforcement act, approved May 81
1870 and entitled an act to enforce the right of
citizens of the United States to vote in the several
States of this Union, and for other purposes, and
from a supplement of that act approved July %,
1871. They relate to the elections of members of
the house of representatives and were an assertion
on the part of congress Of power to pass laws for
REGULATING AND sUPER1STENDISG
said elections and for securing the purity thereof
and the rights of citizens to vote thereat peace
ably and without molestation. 1t must be con-
ceded to be most important power and of a finn
damental character in the light OF recent history,
and of violence, fraud, corruption and irregular
tiles which have frequently prevailed at such cleo
tions. Itmay easily be conceived that the exer-
ton of power if it exists may be necessary to the
stability of our form of government.
The greatest difficulty in coming to a just con-
clusion arises from /, mistaken notion with regard
to the relations which subsist between the state
and national governments 1t seems to be often
overlooked that a national constitution has been
adopted in this country establishing real govern
ment therein, and which, moreover, is or should be
as dear to every American citizen us his state gov
ernments is. Whenever q true conception OF the
nature of this government is once conceded, no
real difficulty will arise in the just Interpretation
of its powers. But if we allow ourselves to regard
it as hostile organization, opposed to the proper
sovereignty and dignity of state governments, VIC
shall continue to be vexed with difficulties as to
Jurisdiction and authority. No greater Jealousy
is required to be exercised toward this government
in preference to preservation of our liberties than
is proper to be exercised towards state govern
ments It's powers are limited in number and
clearly defined and its action within the scope OF
those powers is restrained by sufficiently rigid
bill of right for the protection of its citizens from
oppression. The true interests of the people Of
this country requires that both national and state
governments should be allowed, without jealous
interference on eithe side, to
ExcERc1sE ALL THE POWERS
which respectively belong to them according to
fair and practical construction of the constitution
and State rights, and the rights of the nation and
state should be equally respected. Both are es-
sential to preservation Of our liberties and the
perpetuity of our Institutions but in endeavorne
to vindicate one we should not allow our zeal to
nuify or impair the other.
The true doctrine we conceive, IS this, 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 constitution
and constitutional laws arc, we have already
said, the supreme law of the land, and when they
conflict with the laws of states they are of para