The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1880-06-24

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 either side, to
EXERCISE 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
perpetuty of our institutions, but in endeavo ring
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 soyerei to all matters
which have not been granted to the jurisdiction
and control of the United States, the constitution
and constitutional laws are, as we have already
said, the supreme law Of the land, and when thew
conflict with the laws of states they are of para
mount authority and obligation. This is the
fundamental principle on which the authority Of
the constitution is based and unless it be conceded
in practice as well on theory, the fabric of our
constitution as it was contemplated by its founders
cannot stand.
The questions involved have respect not more to
autonomy and existence Of states than to u con-
tinued existence of the United States as a govern
ment to which every American citizen may look
for security and protection in every part of the
land. Why do we have marshals ut all if thew
cannot physically lay hand on persons and things
in the performance of their proper duties? What
functions can they perform if they cannot use
force in executing the process Of courts? Must
they call on the nearest court for protection? Must
they rely on him to use requisite compulsion and
to keep the peace while they are soliciting and en-
treating the parties and bystandes to allow the law
to take its course? This is
EEcEss ARy coEsrorr~cr
of the position assumed. If we indulge in such
impracticabe views as these and keep on -fining
and re- fning, we shall draw the national govern
ment out of the United States and delegate it to
the District of Columbia, or perhaps to some for
eign soil. We shall bring it back to condition
Of greater helplessness than that of the old con-
federation. The idea is based on the starved and
impracticabe view Of nature and powers of the
national government. It must execute the powers
or it is no government. It must execute on land
as well on sea, things as well as on persons,
and to do this it must necessarily have power to
command obedience, preserve order and to keep
peace; and no person of power in this land has
the right to resist question its authority 50 long
as it Keeps within the bounds of it's jurisdiction.
have deemed it fitting and proper to quote
thus largely from an important and elaborate
opinion OF the supreme court because the bill be-
fore me proceeds upon the construction of the con-
stltutlon as to the powers of the national govern
ment, which is in direct conflict with the Judgment
of the highest judicial tribunal of our country.
Under sections OF the present law above quoted,
officers Of the United States are authorized and it
is their duty i'll of congressional elections to
keep the peace at the polls and place Of regstra-
ton, to arrest Immediately any person who is
guilty of crime against the United States election
laws, and to
PROTECT ALL OFFICERS OF ELECTION
in the performance of their duties, and whenever
an arrest is made to bring the person so arrested
before commissioner, judge court of the United
States Tor examination of Ofenses alleged against
him. Such special deputy marshals are specially
empowered thereto by the narshas, in writing,
and if forcibly resisted may call to their aid the
by-standers or a posse comtatus. It is made a
crime punishable by fine imprisonment to him
der. assault or otherwise interfere with the mar
shall Or his special deputies to threaten or at
tempt to do SO. If any person appointed such
special deputy marshal has taken the oath of Of
tce and thereafter negects refuses to fully dis
charge the duties of such office, he is punishable
not only by removal from office but by fine and
imprisonment. The functions of special deputy
marshals now provided forby law being executive,
they are placed under the authority of we'll
known chief executive officer of the courts of the
name, the deputies of the marshal, and he and his
bondsmen are responsible for them. A civil force
for the execution of the law is thus instituted in
accordance with long established and familiar
usage which is simple, effective and under res
ponsible head.
appropriate officers will not be called i'll question
by intelligent citizens who appreciate the import
ance of peaceable, orderly and lawful elections.
Similar powers are conferred and
EXERCISED UNDER THESE LAWS
with respect to state elections. The executive
officers Of the United States under existing laws
have no other greater power to supervise and
state executive officers exercise in regard to state
elections.
The bill before me changes completely the pres
ent law by substituting for special deputy mar
stlals OF the existing statutes new officers
hitherto unknown to law and who lack the power,
The bill under consideration is as follows
Be it enacted, by the senate and house of repre-
sentatives of the United States of America in con-
gress assembled, That from and after the passage
OF this act the pay Of all deputy marshals for ser
vices 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 ref
erence to any election shall be appointed by the
circuit court of the United States, for the district
in which such malshals are to perform their duty
in each year, and judges of the several circuit
courts OF the United States are hereby authorized
OPEN THEIR RESPECTIVE COURTS
1T any Cne 1or that purpose; ana IN case circuit
courts shall not be open for that purpose at least
ten days prior to registration, If there be one or
It no registration be required then at least ten
days before election the judges of district courts
OF the United States are hereby re-
spectiyely authorized to cause their courts to be
'narshals, who shall be appointed by said district
courts, and the officers so appointed shall be in
equal numbers from different political parties and
shall be well known citizens, Of good moral char
acter and actual residents Of the voting precincts
in which their duties are to be performed, and
shall not be candidates for office ut such elections
and all laws and parts of laws inconsistent with
this act are hereby repealed. Provided, that mar
shals of the United States for whom deputies
shall be appointed by the court under this act
shall not be liable for any acts of such deputies"
1t will be observed that deputy marshals pro-
posed hy the hill hefnro mo .r.