The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1880-06-25

jealous interference on either side To exercise
all powers which respectively belong TO them
according 10 the fair and practical construction
of the constitution. State rights and the
rights of the United States should bc equally
respected. Both are essential TO the preserva-
ton of our liberties and the perpetuity 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 10 all
matters which have not been granted 10 the
jurisdiction and control of the United States,
the constitution and constitutional laws of the
latter are. rs we have already said, the supreme
law of the land, and when they conflict with
laws of States they are OF paramount authority
and obligation. This is the fundamental prn-
ciple on which the authority of the constitution
Is based. and, unless it be conceded i'll practice
as well as theory the fabric of our institutions
as il was contemplated by its founders cannot
stand. The questions involved have respect
notmore to the autonomy and existence of states
than TO the continued existence of the United
States as the Government TO which every Amer
lcan citizen may look for security and protec-
ton in every part of the land.
"Why do we have Marshals at all if they can
not physically lay hands on persons and things
III the performance of their proper duties?
What functions can they perform if they can
not use force? In executing the process of the
courts, must they call on the nearest constable
for protection? Must they rely on him TO use
the requisite compulsion and to keep the peace
while they are soliciting and entreating the
parties and bystanders to allow the law to take
its course This is n necessary consequence of
the positions assumed. III we indulge i'll such
impracticable views as these, and keep on rein
ing and refining, we shall drive the National
Government out of the United States, and rel
egate it to the District of Columbia or per-
haps to some foreign soil. We shall bring it
back to condition Of greater helplesSness than
that of the old confederation The argument
is based ON a strained and impracticable view
of the nature and powers of the National Gov
eminent. IL must execute its powers or il is
no Government. 1t must execute on the land
as well as on the sea, on things az well as on
persons, and to do this it must necessarily have
power to command obedience, preserve order
and keep peace, and 40 person or power in this
land has the right 10 resist or question Its au-
thority so long as it keeps within the bounds of
its jurisdiction
l have deemed it fitting and proper TO quote
thus largely from an important and elaborate
opinion OF the Supreme Court. because the
bill before me proceeds upon the construction
of the constitution as TO the power of the Ma
tional Government, which is i'll direct conflict
with the Judgment of the highest judicial
nlbunal of our country.
Under the sections of the present law above
quoted, the officers of the United States are
authorized, and It is their duty, in case of Con-
gressional elections, to keep peace at the polls
and places Of registration; to arrest inime-
dlately any person who is guilty of crime
against the United States election laws and TO
protect all officers of election in the perform
ance of their duties and, whenever an arrest is
made to bring the person arrested before
Commissioners, Judge, or court of the United
States for examination of Offenses alleged
against him. Such Special Deputy marshals are
specially empowered thereto by Marshals i'll
writing. II forclLly resisted they may call to
Their and the bystandcrs or posse cOmltatus." It
is made crime punishable with fine or impris-
onment 10 hinder, assault, or otherwise inter-
fere with Marshal or las special deputies, or
to threaten or TO attempt TO do so.
II any person appointed such special Deputy
Marshal has taken the oath of office and there
after negects or refuses to fully discharge the
duties of such Office. he is punishable not only
by removal from Office, but by fine and impris-
onment. The functions of special Deputy Mar
shals non-provded for by law, beng executive.
they are placed under the authority of a we'll
known chief executive officer of the courts of the
United States. They are. III fact. not merely III
name, the deputies OF Marshal. and lac and his
bondsmen are responsible for them. civil
force for the execution of the law is thus inst-
tuted III accordance with long-establishod and
familiar usage which is simple effective and
under a responsible head. The necessity for the
possession of these powers by appropriate oil
citizens who appreciate the importance OF peace
able, orderly and lawful elections.
Similar powers are conferred and exercised
under 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 State elections.
The bill before me changes completely the
present law by substituting for the special
Deputy Marshals Of the existing statutes new
officers hitherto unknown to law. and who lack
the power responsibility, and protection which
are essential to enable them to act efficiently as
executive officers.
The bill under consideration is as follows:
" BE enacted, by the Senate and House OF
Representatives of the United States of Amer
lea. in Congress assembled, That from and
after the passage OF this act, the pay of all
Deputy Nlarshals for services in reference TO
any election shall be 80 for each day of actual
service, and no more.
''SEc. 2. That all Deputy Marshas to serve
in reference to any election shall be appointed
by the Circuit Court of the United States for
the district in which said Marshals are to per-
form their duty i'll each year, and the Judges of
the several Circuit Courts of the United States
are hereby authorized To open their respective
courts at any time for that purpose;
and, in case the Circuit Courts shall
not be open for that purpose at least ten days
prior TO registrations if there be one, or, if no
registration be required, then, at least ten
days before the election, the Judges of the
District Courts of the United States are hereby
respectively authorized to cause their courts TO
be opened for the purpose of appointing such
Deputy Marshals who shall be appointed by
said District Courts, and the officers so APP
pointed shall be in equal numbers from the
different political parties, and shall be Well
known citizens of good moral character and
actual residents of the voting precincts in which
their duties are to be performed, and shall not
be candidates for any office at such election -
and all laws and parts of laws inconsistent with
this act are hereby repealed.
4" PrOUided, That Marshals of the United
States for whom deputies shall be appointed by
the court under this act shall not be liable for
any of the acts of said deputies"
1t will be observed that the Deputy Marshals
proposed Dy the bill before me are distinctly diff
ferent officers from the special deputies of Mar
shas, such officers are now provided for in the
statutes This bill does not connect the new
officers with the existing laws relating to special
Deputy Marshals, so as to invest the proposed
Deputy Marshals with the same powers, to inn
pose upon them the same duties, and to give
them the same protection by means of the GRIM
inal laws.
When new officers are created. distinct in
character, and appointed by different authority,