e 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. It must
execute its powers or it is no government. It must execute
them on the land as well as on the sea, on things as well as
on persons. And to do this it must necessarily have power to
command obedience, preserve order, and keep the peace; and
no person or power in this land has the right to resist or
question its authority so long as it keeps within the bounds
of its jurisdiction.

I have deemed it fitting and proper to quote thus largely from an
important and elaborate opinion of the Supreme Court because the bill
before me proceeds upon a construction of the Constitution as to the
powers of the National Government which is in direct conflict with the
judgment of the highest judicial tribunal of our country.

Under the sections of the present law above quoted officers of the
United States are authorized, and it is their duty in the case of
Congressional elections, to keep the peace at the polls and at the
places of registration; to arrest immediately any person who is guilty
of crimes against the United States election laws; to protect all
officers of elections in the performance of their duties; and
whenever an arrest is made to bring the person so arrested before a
commissioner, judge, or court of the United States for examinat