They can not keep the peace.
They can not make arrests when crimes are committed in their presence.
Whatever powers they have are confined to the precincts in which they
reside. Outside of the precincts for which they are appointed the
deputy marshals of this bill can not keep the peace, make arrests,
hold prisoners, take prisoners before a proper tribunal for hearing,
nor perform any other duty. No oaths of office are required of them,
and they give no bond. They have no superior who is responsible for
them, and they are not punishable for neglect of duty or misconduct in
office. In all these respects this bill makes a radical change between
the powers of the United States officers at national elections and the
powers uniformly possessed and exercised by State officers at State
elections. This discrimination against the authority of the United
States is a departure from the usage of the Government established by
precedents beginning with the earliest statutes on the subject, and
violates the true principles of the Constitution. The Supreme Court,
in the decision already referred to, says:
It is argued that the preservation of peace and good order in
society is not within the powers confided to the Government of
the United States, but belongs exclusively to the States.
Pages:
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345