The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1880-07-02

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farsnd practical constrsis ion 81 the onsti-
tuilon. state rlEhfs ami the risks ~ the
United Staes should be- equally respertcl-
fjDtn are essential 10 the presrrf nfiOn % our
libefies nndfhe f,crpciuify ~ orr inst tut ions
isuf, ~ cndeasorn9 a. "lndAcnIe one. We
should not allow our zeal 70 nullify or impair
the other.
The true docf rinc. a. we conceive T. This:
thin while saicS are really sovereign ~ 10 an
matters Witch have rot been granted - the
Jurisdiction ana control ~ The Inlied states,
the Constitution and Constitutional laws ~
tbe latter are. a. We have mrlAAy laid. the ~
prnmr Law ~ he lAnt. and when they conflict
With iht. LAWS NJ states they are ~ pnrafnoiInt
authority AMI tiIHliipn- Ilis = the fun i.l-
mental principle an Whca the Anfh ufiiy ~ the
Constitution u based and. uni 49, Il ~. com
ceifi IA prtctlcr ~ web ~ theory. the fabric
~ our Institutions a. Il - elufs fnplftAi by
Us founders. carlIIuf stand The questions IN
Nulsed have re-lrtwf nut more ~ Ia its,Gtifnv
and cxistcnre ~ The state fhln ~ the con-
fints-d existence ~ The nifgri state. the
Goycrnnrrt ~ which every AmerIcan citizen
may look iyr security and prviectAon IN every
part ~ rbc land
they cannot physically lay hands on
persons and Things Ira the Performance
~ their prupcr dutis-s What functions
can they perform n they cannot use
forccs In executing the pruce-- II crur1s.
must they call ON the nearest Constable for
pnstcctiont Must they rely on him 40 use
requisite cDmpul<inn and IL keep the peace
while they are soliciting AMI e,flrcaflng the
parties and bysr anders a. allow the lAw 10
take IT, coursey This L. the necessary cOnse-
uuence ~ the position assumed. II W. indulge
IN such inprncricahlc views a. thr-e. and keep
on refining ani rcrehnln1. VII shall drive the
National Government our ~ fhe Initci states
and reiegaie Il 70 the Distrlc. 81 Columbia,
or perhaps TO some foreign soil We
shall bring Il back 10 "A condition ~ greater
hclple-~ne~- than that ~ the Old Ccnfeslera-
lion The argument Is based on the strained
and i'm practicable view II the nature and
power ~ the National Government. II must
execute ~ powers. or II j. no Government II
must execute on Land a. well a. On the sea- on
things a. well a. persons and 20 de- This Il must
necessarily have the power 10 command Oft-
dience- preserve order. and kcep me peace.
and no person or power IN tni- land has the
right 10 re>tst Or question it, authority ~ long
az u keeps within the bounds Of It's jurisdic-
tlun."
have deemed il fitting and propcrio quote
thus largely from an important and elaborate
opinion ~ fhr supreme Court. because the bill
bsfOrr me proceeds upon rOnSf rlctinn ~ the
Constitution a. - the u t1TerS ~ inc National
Government, which j. ia direct contiict with
The ludrmcni - the highest Judicial tribunal
Under the sect ions 81 the resent law above
quoted Officers ~ the United states nrs au-
tnorixed. AMI il T. their duty. In ease ~ Cyn-
gressonal elections. 10 keep the peace ~ the
pol- and places m registration. ~ arrest Inn
fnrllafCit any person VINO zTlalfy ~ crime
against the Iuffei state Election laws and
- protect AT Officers ~ election ia the per-
fDrmancc a their duties and. whenever an.
arrest = made. a. bring the person s arrested
United States for examination ~ the uifsn~t~
alleged against him. such special y puts
MaT~hal~ a. are specially cup i~rftvi thereto
rs the Marrhals III writing n irr.ihlt ~
sisted may call 10 their aii the by
sfanler- or posse cpsnitatatnA AZ J.
made crime punishable with fine or
Imprisonment 70 hinder. as>auli- ar
otherwise Interfere with Marshal or his
( special Deputies or "a threaten vr - attempt
todo 49, N any person appointed such ~ : a
Deputy Marshal mas takcu the oMfn ~ o'iicc
and thereafter ntgittt- ~ refuses M full. di--
charge the duties ~ sIcl office hi j. punish
able mt only ~ removal FIRM Office t'ut ~
fine and lmpfI ~pnlntflr- The fuAcflufS ~
special Deputy Ma~hals nnn-pr,Aiici for hy
law. being executive thew arr placed under
the au1 hnfits ~ the well-knOwn chief cxccu-
tive officer ~ tine Cfurf~ ~ thr nifei States
They are lii far'f. ilfs merely In naincfhc Drpu-
tics ~ the Marshal. htt he and nj bond ~rntr
aTe responsible fng IN AciNii ftrce TOR The
execution ~ the Inv H. thus instituted in ac-
corianre with Ieng-esfanli~hed and familiar
usage. - iich Is simple. elective aud under "A
responsible head
The necessity for the possession ~ these
powers ~ appropriate oheeT~ viii not ~
called IN question: ~ incl ireut c'iscn-. VIII
atVc late the Importance uf frraeeAi,lt.. ~
Geriy and awtarl ceciivn- similar powers are
conferred aud exerc "a unier tbs state laws
with re~g,ecf II = ate e.ecfions ThreNccuflrc
officers ~ fhr 4 MEL states under tire exist
ing Laws have M uther ~ greater power ~
superb - ami rpfifr1 thc c3ntiicf ~ Con xrr>-
81 nal elections than the >lnie executive. t'iii-
cers exercise in regard - State e.er ions
The bill before me changes trsInp cteiN the
present lAw b. substituting far SPECIAL Deputy
Niarstat- Of the existing ~tafur mes officer
hitherto unknown ~ ihe law. aud who lack the
I power. responsibility and protection which
arr css -iiiai ~ enable them ~ net efficiently
a. executive nttlrcr~.
The bill under consideration IL a follows:
M tr snGfnd. b. tine senate and House OF
Representatives ~ the nt,d states ~ Amer
LEA IN Congress assembled. That from and
after the passage OF this act the pay Of all
Deputy NaT>htl> for services In reference ~
ans election shall ~ 81 for each day Of actual
service. and M more
.SEr- !. That Ill Deputy Marshals 10 serve
in reference ~ amy election sha ~ appointed
by the Circuit 4 suft ~ the United states Tor
the district IN which sucl Nar~hals are 4" per
form their duties 10 each year. and the Judt ~
! Of the several sircuit courts ~ the nited
states are hereby authorized 10 open their
respective courts Al any time for that purp Sc
\ and in case the Circuit urt- shall not he
open for that purpose for ~ least ten days
prior 10 regi<r ration, II there be one. or
Il no registration be required, then. AZ
least ten days b--fore the ehsti"n ihe Judges
~ the District Courts ~ the United States arr
hereby respectively authorized ~ cause their
courts 20 t. opened for the purpose ~ AZ
pointing such Deputy Nafshai-. who shall "
appoi tied ty said District Courts. and the or
Gers 50 appointed shall be in equal numbers
from the different political parties and shall
" weli.<nnwn citzen- 81 rsa mora .na -
cincts in which their duties are ~ " perform
3D. and shall NOT h. candidates frralt uite-c ~
such clEctiun. and Nil iAN- AMI iniit- ~ 49,
Inconsistent Wit this art arr hers-iy pstiled;
provided. that Mar~hal- ~ the United states
for whom Deputies shall t. APP slntei ~ the
Court under this act shall not ilc liable Tor any
IL the acts ~ such Depufie>-
Ii will ~ observed that the Deputy Nar~hAl-
props ssAd ~ tbs hl before me are >tiucfly
different officers from the Spes ial psrutiss u
the Marshal NJ such ofster~ Ar~ now provided
for in the statutes. This lili dOe@ NOT cinrec'
the new officer with existing laws relating n
special Depufv NsTshnl~. - - invest tn
prspls~sssi Deputy Mnrshils with the same pow
s.rs ~ ifnppsa ZAP them The same fufl e~. and
60 give them the same protection ~ M ans ~
criminal laws when new ofcei~ are erpafcf
distinct in IN sr-irter AMI appointed By d.ier
s.sif auth Yrity- although similar IN name ~ tn
Officers ALREADY prNiHtf for. such new ufiictrs
M NOT hold ~ similar responsibilities 10 tins
criminal law. ~ nn ~-ss~ ne same powers
\ and ars. NOT similarly prsfcttri unlr~.
lseNF,rf~<ly prey isi.Ai IN legislation In
ss-ealI.ai Dptiutv Mar.hals pnAvidssl for in fhi.
alll --lL -. ~ Tlaa. Mr.