The record-union., 1892-11-04
Special to the REcoRD-USIoy.

ney-General Aldrich, in a statement
touching the authority Of United States
Deputy Marshals TO supervise elections,
says all persons who attempt to interfere
with them will bring themselves within
the scope of the Federal statutes, regard
less Of whether they are acting under any
State or municipal law. In view of this
fact, he says he does not believe anybody
will attempt to Interfere with them, but
any such interference will be vigorously
prosecuted.
The statement says the attention of the
State Department has been called to the
matter through certain alleged instruc-
tons To the police and State officers in
Alabama, Arkansas and New York with
reference to their conduct toward the
United States Marshals at the polls.
Such instructions, says the Acting Attor-
ney-General, bring their authors and all
persons attempting to carry them into
elect within the provisions OF Sections
Dolls and 55Z2 ef the Revised Statutes oi
the United States, which he quoted il
full.
The statement declares the Marshals
are there as peace officers, instructed not
To allow discrimination for or against
either party, but TO secure IAN honest
ballot and a fajr count" An honest bal
lot and a lair count is what the law was
designed 10 provide, and its constitution
atty has been so strongly upheld and the
paramount power OF the feueral Govern
nent so clearly asserted by the Supreme
Court that 1t would be idle to discuss that
question.
The idea that the United States is not
as much the object ofthe peoples love and
PATRIOTISM as any state, is utterly mis-
chlevous. Although implied in the cir
cuIars referred to, a peace otncer Of the
United States who seeks 10 prevent ille-
gal voting 10 more invades the rights of
American citizens than does Il peace
officer of the State.
1t denies the doctrine of the supremacy
pt the state over the United States in the
matter OF elections, and saws the impress
sion that the Federal Government is a
foreign power should be obliterated. He
says the statement that Section 202l is the
only section authorizing the appointment
OF Deputy MarShals and that, therefore,
such appointments can only be made in
cities OF 10000 people and upwards, is not
the view held by the Attorney-General or
himself, nor has such view been held
by any previous Attorney-G eneral.
The question as to whether Deputy
MarshaIs have the right to be within the
guard rail OF polling-places is answered
in the Attorney Genera : circular of Oc-
tober 81, 1892, IN the affirmative. AS will
be observed, Section j522 OF the Revised
Statutes prescrIbes penalty OF imprison-
ment and tIne against any person. who.
with or without authority Of any state or
municipality, intertereS with or prevents
Marshal or general or special deputies
from the peri Jrmance OF any duty, or
hinders or prevents his full and free
access and egress to and from any OF
such places OF registration or poll OF elec-
flnn q ~ from -
such registration or election or canvass
OF votes may be had.
The statutes are so clear and explicit
that | really cannot see any room for dis
cuSsiOn- | do not believe any attempt
will be made to violate this law or carry
out the revolutionary and dangerous
policy announced i'll the dispatches re-
1erred to. If such action is attempted. of
course trouble Will come. as the same law
prescrbes penalties against any deputy
who fails to do his duty. Such results
all good citizens, irrespective of party.
should ueplore, and the consequences
would fall upon those whose rash course
led to such unWarranted resistance TO the
power Of the Federal Governments a
power which the supreme Court OF the
nited states has declared paramount
when members Of Congress or Presi-
dental Electors are 10 be voted for, to
any State law or authority upon this sub
ject
Il will add that this is not a partisan
question, and they are not good citizens
in my opinion who seek TO make it one.
No party can justly hope to deserve to
win success by defiance or violations of
the law OF the land. However thai NAV
be, our duty is plain. The laws must be
enforced. MaTShalS are warned under
penalties OF law against any interference
with the rights of citizens, and at the
same time they VIII guard and protect
such rights at whatever cost"
INSTRUCTIONS TO DEPUTIES.
ELMIRA N. ", Nov. SIN replv to
the circular issued by William +. ,lee-
han Of the Democratic Executive Com
mittee regarding the rights and duties OF
Deputy United States Marshals at the
polls on election day United States Mar
shal Baxter has issued a letter OF instruc-
tons to deputies OF the northern district
CT New York, which he declares To be
equally applicable anywhere. In it he
says: "Nilliam L. Sheehan Chairman
OF the Democratic state Campaign Com
nittee, has issued a circular in " hich he
assumes to the STATE the rights and duties
OF special Deputy Marshais. AS the cir
cul&r is calculated to miSlead YOU in the
discharge OF your duties, and as its state
ments are contrary to the clearly define
provisions OF the Federal Statutes, il
seems advisable for me to add to the in
u.
.'Shehan, in his circular, saws United
States Marshals have no more right than
any other voter to he within the guard
rail OF the polling place, and in support
of this statement cites decision in a Ger
tain case by Justice Brewer of the Su-
preme Court. The case cited is clearly
not in point, as It was one where there
were no Jnited States Supervisors of
election at the polling place. 1t has no
bearing on a case where there are
United States Supervisors of Election
TO be supported in the discharge OF
their duties by special duty Alarshals
BY Section 2Ol3, Revised Statutes. it is
made the duty of United States Super
yisors of Election to take occupy and
remain in such position, from time to
time, whether before or behind the ballot
boxes. as will, in their judgment, best
enable them to see each person Offering
himself Tor registration or Offering to
vote and by Section 2UZ3 ii is made the
duty of the Marshal, his general deputies
and special deputies TO keep the peace
and support the Supervisors of Election
in the discharge OF their duties etc.
''it clearly follows" says the Marshal,
"thaI a deputy can occupy any position
in or about polling place that Super
visor may occupy, whether before or be-
hind the ballOl-bOSeS, or whether within
Of without the guard rail. Part OF the
Marshal's duty IS to see that the State
statute is complied with that secures to
the voter the privacy within the booth
while preparing his ballot, and which
prohibits the ohering or giving posters to
voter within the rail. IL is the duty of
The Marshal TO enforce all OF the provis-
Ions OF the State law not in conflict with
bhe federal law, as 10 what shall or shall
not De done within the guard rail. 1t is
his lawful right, when necessary, to &C
EflDN a position within 10 erIlqrfl VA