The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1880-06-18

uIeuI III releT5uce TO the preservation OF our
Liberties than is proper to be exercised toward
State Governments Its powers are limited in
number and clearly defined, and its action
within the scope of those powers is
restrained by sufficiently rigid bill of rights
for the protection of it's citizens from oppres-
sion The true interests of the people of this
country require that both the national and
State Governments should be allowed without
jealous interference on either side to exercise
all powers which respectively belong to them
according to the fair and practical construction
of the constitution. State rights and the
rights of the United States should be equally
respected. Both are essential to the preserYa-
ton 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.
''The true doctrine. as 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 of the
latter are, as we have already said, the supreme
law of the land, and when they conflict with
laws OF States they are of paramount authority
and obligation. This is the fundamental prin-
ciple on which the authority of the constitution
Is based, and, unless it be conceded in practice
aswell as theory, the fabric of our institutions
as it was contemplated by its founders cannot
stand. The, questions involved have respect
notmore to the autonomy and existence of states
than to the continued existence of the United
States as theGoyernment to which every Amer
lean citizen may look for security and protec-
ton in every part of the land. IT, g1U
Why do we have Marshals at all if they can
not physically lay hands on persons and things
In the performance of their proper duties?
What functions can they perform if they can
not use force? In executing the process of the
courts, must they call on the nearest constable
for protection? Must they rely on him to use
the requisite compulsion and to keep the peace
while they are soliciting and entreating the
parties and bystanders to allow the law to take
its course?# This is necessary consequence of
the positions assumed. If we indulge in such
impracticable views as these, and keep on rein
ing and refining, we shall drive the National
GOyernment out of the United States, and rel
eegate it to the District of Columbia, or per-
haps to some foreign soil. We shall bring it
back to condition of greater helplessnesS than
that of the old confederation. The argument
is based on a strained and impractcable view
of the nature and powers of the National Gov
eminent. Unjust execute its powers or it is
no Government. It must execute on the land
asgWell as on the sea, on things as well as on
Apersons, and to do this it must necessarily have
power to command obedience, preserve order
and keep peace, and no. person or power in this
land has the right to resist or question it's au-
~
its jurisdiction.pfS lE Id fTb
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. the construction
of the constitution as to the power of the Ma
tional 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
off IF no
authorized, and it is their duty, in case of Con-
gressional elections, to keep peace at the polls
and places Of registration; to arrest imme-
diately any person who is guilty of crime
against the United States election laws and to
protect all officers of election in the perform
ance Of their duties, and, whenever an arrest is
made, to bring the person so arrested before a
Commissioner, Judge, or court of the United
States for examination of offenses alleged
against him. Such Special Deputy marshals are
specially empowered thereto by Marshals in
writing. eff forcibly resisted they may call to
their aid the bystanders or posse comitatus." It
is made crime punishable with fine or impris-
onment to hinder, assault, or otherwise inter
fere with 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 there
after neglects or refuses to fully discharge the
duties Of such Office, he is punishable not only
by removal from Office, but by fine and impris-
onnent The functions of special Deputy Mar
shals non-provided for by law being executive,
they are placed under the authority of we'll
known chief executive officer of the courts of the
United States. They are, in fact not merely in
name, the deputies of Marshal, and he and his
bondsmen are responsible for them. A civil
force for the execution of the law is thus insti-
tuted in accordance with long-established and
familiar usage which is simple, effective, and
under responsible head. The necessity for the
possession of these powers by appropriate Off
GERS will not be called in question by intelligent
citizens who appreciate the Importance of peace
able. orderly and lawful elections.
Similar powers are conferred and exercised
under State laws with respect to State elections.
The executive officers of the United States,
under existing laws, have no other or greater
power to supervise and control the conduct of
Congressional elections than State executive
officers exercise in regardto State elections.
The bill before me changes completely the
present law by substituting for the special
Deputy Marshals of the existing statutes new
officers hitherto unknown to 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:
ss.Be IT. 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 SIS for each day of actual
service, and no more.
''SEo. 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 said Marshals are to per-
form their duty i'll each year, and the Judges of
the several Circuit Courts Of the United States
are hereby 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 at least ten days
prior to registration, if there be one, or if no
registration be required, then, at least ten
days 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 appointing such
Deputy Marshals, who shall be appointed by
said District Courts, and the officers so APP
pointed shall beyin equal numbers from the
different political parties, and shall be we'll
known citizens of good moral character and
actual residents of the voting precincts in which
their duties are to be performed, 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.
'FPa'0Uided That Marshals of the United