Northern Ohio journal. [volume] (Painesville, Ohio) 1872-1896, 1880-06-19
A VETO MESSAGE.
WASHINGTON, June Is

After mature consideration of the bill en-
titled, IAN act regulating the pay and appoint
ment of Deputy Marshals, am constrained to
withhold from it my approval, and return it to
the Senate, in which it originated, with my OBJ
jections to its passage.
The laws now in force on the subject of the
bill before me are contained in the following
sections of the Revised Statutes:
"SEC. 2,O21. Whenever an election at which
Representatives or Delegates in Congress are
to be chosen is held in any city or town of 90
600 Inhabitants or upwards, the Marshal for
the district in which such city or town is situ-
ated shall, on application in writing of at least
point special Deputy Marshals, whose duty it
shall be, when required thereto, to aid and as
sist the superyisors of Election in the verif-
cation of any list of persons who may have
registered or voted, to attend in each election
district or voting precinct at the times and
law be scrGtinized and the names of registered
voters be marked for challenge; and also at
tend at all times for holding elections the polls
in such district or precinct.
"SEC. 2,022. The Marshal and his general
Deputies shall keep the peace and support and
protect the Supervisors of Election in the dis
charge of their duties, preserve order at such
places of registration and at such polls, prevent
fraudulent registration and fraudulent voting
thereat, or fraudulent conduct on the part of
any officer of election, and at the place of re G.
either before or after regis registering or voting, to
arrest and take into custody, with or without
any who commits or OF
the acts or offenses prohibited herein,
or who commits any offense against
shall be arrested without process for any
offense not committed in the presence of the
either Of them, or Of Il the m superVisors Of Elec-
ton, or either of them; and for the purpose of
arrest or preservation of the peace the Super
Marshals Deputies, or if required to assist
such Deputies. have the same duties and pow
ers 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.
aSEC 2O23 Whenever any arrest ia made
under any provision of this title, the person SO
arrested shall forthwith be brought before
Commissioner, Judge or Court of the United
States for the examination Of the offenses
alleged, and such Commissioner, Judge or
Court shall proceed in respect thereto as au
thorized by law in the case of crime against
the United States. :
Deputies, or such special Deputies as are there
to specially empowered by him in writing, and
oraer ms M % hamo "a aha seal
their duties under this titleo shall by violence,
threats or menaces be prevented from execut-
ing such duties, or from arrx~, ing any person
who has committed any ofense for which the
Marshal or his general or special.Deputies
of them is. empowered to summon and call to
his aid bystanders or posse comitatus of his
district.
"SEo. 2,o2s. No person shall be appointed
Supervisor of Election or Deputy Marshal
the ef who is not at
trict or voting precinct in which his duties are
''SEC. 5,521. If any person be appointed SUI
peryisor of Election or special Deputy Mar
Elective Franchise, and has taken an oath
of office as such Supervisor of Election, or
such special Deputy Marshal, and thereafter
neglects or refuses, without good and lawful
excuse, to perform and discharge fully the
duties, obligations and requirements of such
office until the expiration 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
1rrvign
more than one year, or by fine not less than
$500 and not more than $500, or by both fine
and imprisonment, and shall pay the cost of
the prosecution.
s'SEc. 5,522. Every person, whether with or
without any authority, power or process or
pretended authority, power or process of any
structs, hinders, assaults, or by bribes solic-
itations, otherwise interferes with or pre-
them, or the Marshal or his general or special
Deputies, or either of them, in the perform
ance OF any duty required of them, or which
he or they, or either of them, may be author
lied to perform by any law of the United
States, in execution of process or otherwise,
OF who, by any OF the means before mentioned,
binders or prevents the free attendance or
presence at such places Of registration, or at
and eSress 81 to and from % any SUCH pIaes
of registration or poll of election, or in
going t1 and from ON any such place Of
and from any room where any such
registration or election or canvass
Gates thereof, may be had, or who molests, in
terferes with, removes, or elects from any such
he yotes os e Of G1 o
returns or certificates thereof of any Super
visor of Election, the Marshal, or his general
threatens or attempts or offers so to do, or re-
fuses or neglects to aid and assist any Super
visor of Election Marshal or his general
| or special Deputies, or either of them, in the
| performance of his or their duties when re-
Quired of him or them, or either of them, to
nr 0r1do Csfo hnl no HoI, ,n 10
| instant arrest without process, and shall be
punished by imprisonment not more than two
| years, or by fine of not more than So 600, or by
both such fine and imprisonment, and shall pay
the cost of prosecution"
Inc supreme @ court OF me nhl5ed st S5ates, N
decided at the October term, 1S79 on ques-
ton raised in a case to the constitutionality
| quoted, and uses the following language:
These portions of the Revised Statutes are
enforcement act, approved May 81, 1870, and
entitled An act to enforce the right of citi-
States Of this Union, and for other purposes.
az, ana from the g suP@plement @ to that act, approv-
tThey relate to elections of members of the
| House of Representatives. and were an asser-
| ton on the part of Congress of its power to
said elections, and for securing the purity
thereof and the rights of citizens to vote there
| at peaceably and without molestation. 1t
| must be conceded to be most important
! power and of fundamental a character. In the
light of recent history and CT the violence,
fraud, corruption and irregularity which have
frequently prevailed at such elections, it may
easily be conceived that the exertion of power,
II 1t exists may be necessary to the stability of
1.-The greatest difficulty in coming to just
conclusion arises from mistaken notions with
| regard to the relations which subsist between
the State and National Governments. 1t seems
to be often overlooked that National Consti-
| tuition has been adopted in this country, eS-
tablishing a real Government therein, and
| which, moreover, is, or should be, as dear to
every American citizen as his State Govern
ment is. Whenever the true conception of the
nature of this Government is once conceded
| probation of it's power. But if we allow our
| selves to regard it as hostile organization Op
posed to the proper sovereignty and dignity of
| the State Governments we shall continue to be
vexed with difficulties as to jurisdiction and au.
| thority.- No greater Jealousy is required to he
exercised toward this Gov vernment in reference
to the preservation of our liberties than is
proper to be exercised towards the State Gov
| and clearly defined, and its action within the
i scope of these powers is restrained by sufh
ciently rigid bill of rights for the protection OF
| ests of the people of this country require that
| both National and State Governments should
either side, to exercise all the powers which
| respectively belong to them according to
fair and practical construction of the Consti
| United States should be equally respected
Both are essential to the preservation of oul
| liberties and the perpetu1ty 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 SUI
preme law of the land, and when they conflict
| with the laws of States they are of paramount
| authority and obligation. This is the funda
| mental principle on which the authority of the
Constitution is based, ands unless it be con
| ceded in practice as well as theory, the fabric
of our Institutions as it was contemplated by
| its founders, cannot stand. The questions in
| volved have respect not more to the autonomy
| and existence of the States than to the con
| tinued existence of the United States as the
| Government to which every American either
| may look for security and protection in every
part of the land.
"why do we have Marshals at all, Il
they cannot physically lay hands OF
persons and things in the performance
of their proper duties? What function
can they perform if they cannot us
| must they call on the nearest Constable fo
protection? Must they rely on him to us
| requisite compulsion and to keep the peac'
while they are soliciting and entreating the
parties and bystanders to allow the law {;
| take its course? This is the necessary conse
| Quence of the position assumed. If we indulg
| I'll such impracticable views as these, and kcel
on refining and reretining, we shall drive tn
| National Government out of the United State
and relegate it to the District of Columbia
or perhaps to some foreign soil. w
helplessness than that of the old Confedera
| tiorI The argument is based straine