It will be observed that the deputy marshals proposed by the bill
before me are distinctly different officers from the special deputies
of the marshal, as 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 impose upon them the same
duties, and to give them the same protection by means of the criminal
laws. When new officers are created, distinct in character and
appointed by different authority, although similar in name to
officers already provided for, such officers are not held by similar
responsibilities to the criminal law, do not possess the same powers,
and are not similarly protected unless it is expressly so provided by
legislation.
The so-called deputy marshals provided for in this bill will have no
executive head. The marshal can neither appoint nor remove them. He
can not control them, and he is not responsible for them. They will
have no authority to call to their aid, if resisted, the _posse
comitatus_. They are protected by no criminal statutes in the
performance of their duties. An assault upon one of these deputies
with the intent to prevent a lawful election will be no more than an
ordinary assault upon any other citizen.
Pages:
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344