The questions involved have respect
not more to the autonomy and existence of the 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 can not physically lay
their hands on persons and things in 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 the
necessary consequence of the positions that are assumed. If
we indulge in such impracticable views as these, and keep
on refining and re-refining, we shall drive the National
Government out of the United States and relegate it to the
District of Columbia, or perhaps to some foreign soil. We
shall bring it back to a 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 Government.
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