The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1880-06-25
PRESIDENTS MESSAGE.
Vetoing the Deputy Marshais' bill

VetOing the Deputy Marshais' Bill.
To the Senate of the United States:
After mature consideration of the bill en-
titled "An act regulating the pay and appoint
ment of Deputy Marshals, am constrained to
withhold from it my approval, and return il to
the Senate, in which il originated, with my OBJ
jections to its passage. The laws now in force
on the subject of the bill before me are con-
tanned in the following sections of the Revised
Statutes
SECTION 2,02l. Whenever an election at which
Representatives or Delegates in Congress are
to be chosen is held III any city or town of
10000 inhabitants or upward, the Marshal
for the district in which such city or town
is situated shall, application in writ
ing of at least two citizens residing III such
city or town, appoint special Deputy Marshals,
whose duty IT shall be, when required
thereto, to aid and assist the Supervisors
of Election i'll the veritication Of any list of
persons who may have registered or voted to
attend in each election district voting pre-
cinct at the times and places when and where
registration may by law be scrutinized and the
names of registered voters be marked for chal-
lenge and also attend at all times for hold
ing elections Mt the polls III such district pre-
clnct.
SEC. 2,022 The Marshal and his general dep
uties shall keep the peace and support and pro-
tect Supervisors of Election in the discharge of
their duties, preserve order at such places of
registration and at such polls prevent fraudu-
lent registration and fraudulent voting thereat,
or fraudulent conduct Oh the part of any officer
OF election, and immediately at the place of
registration or polling-place or elsewhere, and
either before or after registering or voting to ar
rest and take into custody, with or without
process, any person who commits, or at
tempts or offers TO commit, any of the acts or
otfenses prohibited herein. or who commits any
ntf inStf hn laxVS nfth a HINT,
but no person shall be arrested without process
for any offense not committed i'll the presence
OF the Marshal or his general or special depu-
ties or either of them, OF of Supervisors of
Elections or either Of them, and for the pur-
poses of arrest or preservation of the peace the
Supervisors of Election shall, in the absence of
the Marshars deputies or if :equired to assist
such deputies. have the same duties and powers
as Deputy Marshals nor shall any person on
the day of such election be arrested without
process for any offense committed on the day
of registration.
SEC. 2.023. Whenever any arrest is made. I'M
der the provision of tins title, the person so
arrested shall forthwith be brought before
Commissioner, Judge or court of the United
States, for examination of the offcnsCs al
legged, and such Commissioner, Judge OF court
shall proceed i'll respect thereto as authorized
by law III case of crime against the United
States
SEC. 2.02i. The Marshal or his general dep
uties or such special deputies as are thereto
specially empowered by him III writing and
under his hand and seal, whenever he or either
or any of them is forciblv resisted i'll executing
their duties under this title or shall by violence
threats, for menaces be prevented from cXecut-
ing such duties, or from aTestng any person
who has committed any offense for which the
Marshal or his general or special deputies ire
authorized to make such arrest, are, and each
OF them, empowered to summon and call to his
DNStanQDrS n Of
district.
SEC. 2,O2S. No person shall be appointed a
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, voting
precinct i'll which his duties are to be per-
formed.
SEC. 5.521. If any person be appointed Super
visor of Election or special Deputy Marshal UNI
der the provisions of the title "1he Elective
Franchise" and has taken the oath of office as
such Supervisor of Election or such Special
Deputy Marshal, and thereafter neglects or re-
fuses, without good and lawful excuse, to per-
form and discharge fully the duties, obligations
and requirements of such Office until the eXpira-
ton of the term for which he was appointed
he shall not only be subject to removal from
office with loss of all pay or emoluments, but
shall be punished by Imprisonment with not
less than SIX months nor more than one year.
or by fine of not less than 5000 and not more
than 5000, or by both fine and imprisonment
and shall pay the cost of prosecution.
SEC. 1922. Every person, whether with or
without any authority. power, process, or
pretended authority, power, or process of any
State, Territory or municipality who obstructs
hinders assaults or by brides, solicitation. or
otherwise interferes with or prevents Supervis-
ors of Elections, or either of them. or the Mar
shall or his general special deputies. or either
of them. in the performance of any duty re-
qulred OF them or which he or they or either of
them may be authorized TO perform bv any law
of the United States in execution of process or
otherwise, or who. by any of the means before
mentioned hlnders or prevents free attend
ance or presence at such places of registra-
ton or at such polls of election. or full
and free access and egreSs TO and from any
such place of registration or poll of election, or
in going to and from any such place of registra-
ton or poll of election, or TO and from any
room where any such registration, on election.
or canvass of votes. or of making any returns
or certificates thereof may be had, or who mo-
Tests, nterferes with, removes or elects from
any such place of registration poll of cleo
ton, or of canvassing votes cast thereat. or of
making returns or certificates thereof any
Supervisor of Election, the Marshal or his
general or special deputies, or either of them.
or who threatens or attempts offers so
to d. or refuses or neglects to aid and
assist any Supervisor of Election or Marshal or
his general or special deputies or either of
them, III the performance of his or their duties
when required 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 not more
than two years or by fine not more than $4,000,
or by both such fine and imprisonment, and
shall pay the cost of prosecution.
The Supreme Court of the United States in
the recent case of eX parte Sebolt and others,
decided at the October term, 1879. on a ques-
ton raised in the case to the constitutionality
OF the sections of Revised Statutes above quot
ed, uses the following language:
"These portions of Revised Statutes arc
taken from an act commonly known as the En-
forcement act, approved May 81, 1870 and en-
titled 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 supplement to that act, approved Feb |
%, 1871. They relate TO elections of menu
bers of the House of Representatives and !
were an assertion on the part of Congress of
the power to pass laws for regulating and
experimenting said elections and for securing |
the purity thereof and the right of citizens to
vote thereat peaceably and without mo-
lestation. 1t must be conceded to be a most
important power and of fundamental
character. In the light of recent history and
-