The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-11-15
rrDrRar mARsHArs.


The reported outrages committed by
Federal Marshals and their Deputies il
the late Congressional election in the
I'd District render an inquiry as to
their duties under the law eminently
proper. IF they have the power it is
said they claimed and exercised in this
election in that District, the law Of the
State assuming to regulate Congression-
al elections is nugatory, and should be
repealed, for the spectacle of the law
being disregarded, and the.'oficers acting
under it not only ignored but wantonly
insulted, overawed, overridden and ar
rested in the discharge Of the duty it
imposes, is calc ulated to destroy all
respect for State authority generally.
Section 2O21 of the Revised Statutes
of the United States, provides that
"wheneyer an election at which Repre-
sentatives in Congress are to be chosen,
is held in any city or town of t.centy
thousand Inhabitants, or upaoa,d, the Mar
shall of the District shall, on application
of at least two citizens of such city or
town, appoint special deputy marshals
/ to assist the supervisors of election,
&c, &c
This is the only law authorizing the
appointment Of special deputy marshals
| to be used at the polls. There is no
tci:y or town in the ID District Of twenty
thousand inhabitants, and therefore the
appointment of special deputy marshals
/ for hat District was illegal; for while
Section 202I Of the Revised Statutes,
above referred to, c0nfers the power in
certain cases therein specified, it by
necessary implication excludes and pro-
hibits it in every other whatsoever.
These pretended deputy marshals, in
attempting TO interfere in any manner
whatsoever with the election or the
conduct Of the election were not only
acting without authority of law, but in
violation of law both State and Federal,
and they should have been treated ac-
eordingly. They were intruders and
usurpcrs and should have been arrested
and incarceratcd in Jail.
It is rot yet to late to visit them with
the punishment they so richly deserve.
| But the right to appoint them and
send them TO tie polls is claimed
under Section $50 of the Revised Stat
utes. That Section reads as follows:
Every marshal may appoint one or
more deputies, who shall be removable
from Office by the Judge of the District
Court, or by the Circuit Court for the
District, at the pleasure Of either"
The authority they have exercised, q
~eshould say, rather, usurped, is found,
they claim, in Section 788, which is as
follows: The marshals and their
deputies shall have, in each State, the
, same powers in executing the laws OF
the United States, as the sheriffs and
their deputies in such State may have
| by law, in executing the laws thereof.
! These statutes are found in that portion
of the Revised Statutes entitled Judi
T ciary," and have no connection with the
, election laws of Congress, and neither
expressly or by implication authorize
the marshal to send his deputies to the
polls. Were it so, they would in effect
repeal Section 2021, which, as stated,
prohibits by implication, the appoint
ment of deputy marshals to attend the
polls except IN the cases therein specified.
No such operation can surely be claimed
for them. Section 2O21 deals with the
!, subject of elections expressly, avowed-
lily. Sections 7S0 and 788 treat of an
entirely different question
We repeat, these deputy marshals, So
called, were usurpers and should have
been arrested.
NEXT MARCH ends the terms of Unit
ed States Senators Butler, Of South
Carolina; Coke, of Texas; Davis of
West Virginia Davis, of Illinois Frye,
Of Maine; Ferry, of Michigan; Grover,
of O.o,,u. GayIapd of Arkansas 8