Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-06-17
according TO fair and practical construction of
the constitution.

the constitution.
STATE RIGHTS.
and the rights Of the United States should be
equally respected. Both are essential to the
preservation of our liberties and the popular.
ity of our institutions. But endeavoring to
vindicate one should not allow our zeal to null
lily 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 con-
troll of States, the constitution and censtitu-
tional laws are, as we have already said,
the supreme law of the land, and when they
conflict with the laws of States they are of
paramount authority and obligation. This is
the
FUNDAMENTAL PRINCIPLE
on which the authority of the constitution is
based, and unless it be needed in practice as
well as theory, the fabric Of our constitu tion,
as it was contemplated by its founders cannot
stand. The questions involved have respect
not more to the existences of States than to the
continued existence of the United States as a
government to which every American citizen
may look for security and protection in every
part of the land. Why do we have marshals at
all if they cannot physically lay hands on per-
sons and things in the performance of their
proper duties? What functions can they per-
process of court? Must they call on the near
est court for a petition? Must they rely on
him to use requisite compulsion and to keep the
peace while they are soliciting and entreating
the parties to allow the law to take it's course?
This is the necessary consequence of the posi-
tions assumed. If We indulge in such unpracti-
cal views as these and keep on refining and
rectifyipg, we shall drive the national govern
ment out of the United States and delegate it
to the District of Columbia, or perhaps to
some foreign soil. The argument is based on
strange and impf &C ticable view of the nature
and powers of the national government. 1t
must execute its powers, or it is not govern
ment. 1t must execute on land as we'll as on
sea, on things as well as on persons,
and to do this it must necessarily have power to
command obedience, preserve order and keep
the peace, and no person or power In this land
has the right to resist or question its authority
so long as it keeps within the bounds of its
jurisdiction.
THE PRESIDENTS OBJECTIONS,
have deemed it fitting to quote thus largely
from an Important and elaborate opinion of the
supreme court because the bill before me pro-
ceeds on the construction of the constitution,
as to the powers of the national 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
quoted officers of the United States are author
lied, it is their duty in the case of Congress
sional elections to keep the peace at the polls
and places of registration, to arrest Immediate
ly any person who is guilty of crime against
the United States election laws, and protect all
officers of elections in the performance of their
duties, and whenever an arrest is made, to
bring the person so arrested before a commits
sioner, Judge or court of the United States for
the examination of offenses alleged
against him. Such special deputy marshals
are specially empowered by marshals, in writ
ing if forciSly resisted, to call to their aid by
ISLANDERS or posse comitatus. 1t is made
crime punishable with fine or i'm
prisonment to hinder, assault or otherwise
interfere with marshal or his special deputies,
or threaten or attempt to do so. Ii any person
appointed such special deputy marshal has TAX
en- the oath of office and thereafter neglects or
refuses to fully discharge the duties of such
Office he ia punishable not only by removal
from office, but by fine and Imprisonment. The
actions of special deputy marshals now provid-
ed for by law, being executive, they are placed
under the authority of well known chief ex-
ecutive officer of the courts of the United
States. They are in fact, not merely in 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 insti-
tuted in accordance with long established and
familiar usage, which is simple, effective, and
under a responsible head. The necessity for
the possession of those powers by the appro-
pirate officers will not be called in question by
intelligent citizens who appreciate the import
ance of peaceable, orderly and lawful elections.
Similar powers are conferredtand exercised I'M
der 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 regard
to the State elections.
THE PRESENT BILL.
The bill before me changes completely the
present law by substituting for special deputy
marshals of the existing statute new officers
hitherto unknown to law and who lack the
power, responsibility and protection which are
essential to enable them to act efficiently as
officers. The bill under consideration is as
follows:
Be it enacted by the Senate and House of
Representatives of the United States of America
in Congress assembled. that from and after the
passage of this act the pay of all deputy mar
shals for services in reference to any election
shall be $5 for each day of actual service, and
no more.
Sec 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
districts in which such marshals are to perform
their duty in each year, and judges of the
several circuit courts of the United States are
hereby authorized to open their respective court
at any time for that purpose, and in case cir
cult courts shall not be open for that purpose
at least prior to registration if there DE enc, or
no registration be required, then at sleast ten
days before election, the judges of the district
court of the United States are hereby respect
lively authorized to cause their courts to be
opened for the purpose of appointing such
deputy marshals, who shall be appointed by
the said district courts, and the officers SO ap-
pointed shall be in equal numbers from differ
emit political parties and shall be well known
citizens of good moral character and actual
residents of the voting precints in which their
duties are to be performed, and shall not be
candidates for Office at such elections. ALI
laws and parts of law inconsistent with this
act are hereby repealed, provided that the
marshal of the United States for whom depu-
ties shall be appointed by the court or this act
shall not be liable for any acts of such depu-
ties.
IT WILL BE OBSERVED
that deputy marshals proposed by the bill be-
fore me are distinctly different officers from
special deputies of marshals as such officers are
now nrovided for in the statutes This hill