The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1880-07-01
WHOLE NO. 28Ol.

SPECIAL deputy marshals so as to in
vest the proposed deputy marshals
with the same powers, to impose up
On them the same duties and to give
them the same protection bymeans Of
criminal laws. When new officers are
created, distinct in character and an
pointed by different authority. al
though similar in name to officers
already provided for, such new
officers are not similarly responsible
to the criminal law, do not DOS
sess the same powers and are
not similarly protected, unless 7it
IS expressly so provided by legis-
ton. The sO-called deputy mar
shals provided for in this bill will
have no executive head. The mar
shal can neither appoint nor remove
them. He cannot control them. and
is not responsible for them. They
will have no authority to call to their
aid, if resisted, the posse c0mitat1ls.
They are protected by no criminal
statutes In the performance Of their
duties. An assault upon one Of
these deputies, with intent to pre-
vent a lawful election, will be no
more than an ordinary assault upon
any other citizen. They cannot
keep the peace. They cannot make
arrests when crimes are committed
IN their presence. What powers they
have are confined to the precincts in
which they reside, and outside Of the
precincts for which they are appoint
ed, the deputy marshals Of this
bill cannot keep the peace, make ar
rests, hold prisoners, take prisoners
before the court for hearing, nor per
form any duty. No oaths Of Office
are required Of them, and theS give
no bond. They have no superior
who is responsible for them, and
they are not punishable for neglect
Of duty or misconduct IN Office. In all
these respects this bill makes q rad
ical change between the powers Of
the United States officers at national
elections and the powers uniformly
possessed and exercised by the State
officers at State elections. This dis
elimination against the authority of
the United States is a departure
from the usage Of the Government,
established by precedents beginning
with the earliest statutes on the
subject, and violates the true princi-
pies Of the Constitution. TheSupreme
Court, in the decision already refer
red to, says: Otis argued that the pre-
servatiOn Of peace and good order in
society is not within the powers
eonfded to the Government Of the
United States, but belongs exclusive
ly to the States. Here again We are
met with the theory that the Gov
ernment of the United States does
not rest upon the soil and territory
of the country. We think that this
theory is founded on an entire mis-
conception Of the nature and powers
Of that Government. We hold it
to be an inc0ntrovertible principle
that the Government Of the United
States may, by means Of physical
force, exercised through It's official
agents, execute on every foot Of the
American soil the powers and func-
tons that belong to it,
In conclusion it is proper to say
that no objection would be made to
the appointment Of officers to act
with reference to elections by Courts
of the United States,and that I am in
favor of appointing officers to super
wise and protect the elections with
out regard te party but the bill be-
fore me, whileit recognizes the pow
er and duty Of the United States to
provide officers to guard and scruti-
nize the Congressional elections, fails
toadapt its provisions to existing laws
so as to secure efficient supervision
and protection. It's therefore re-
turned to the Senate, in which It
originated, for that further consider
alton which is contemplated By the
Constitution.
RUTHERFORD B. HAYES.