ion of
the offenses alleged against him. "Such special deputy marshals as are
specially empowered thereto by the marshal in writing," if forcibly
resisted, may call to their aid the bystanders or _posse comitatus_.
It is made a crime punishable with fine or imprisonment to hinder,
assault, or otherwise interfere with the marshal or "his special
deputies," or to threaten or to attempt so to do. If any person
appointed such special deputy marshal has taken the oath of office and
thereafter neglects or refuses to fully discharge the duties of such
office, he is punishable not only by removal from office, but by fine
and imprisonment. The functions of the special deputy marshals
now provided for by law being executive, they are placed under the
authority of the well-known chief executive officer of the courts
of the United States. They are in fact, and not merely in name, the
deputies of the marshal, and he and his bondsmen are responsible for
them. A civil force for the execution of the law is thus instituted in
accordance with long-established and familiar usage, which is simple,
effective, and under a responsible head. The necessity for the
possession of these powers by appropriate officers will not be called
in question by intelligent citizens who appreciate the importance of
peaceable, orderly, and lawful elections. Similar powers are conferred
and exercised under State laws with respect to State elections. The
executive officers of the United States under the existing laws have
no other or greater power to supervise and control the conduct of the
Congressional elections than the State executive officers exercise in
regard to State elections.

The bill before me changes completely the present law by substituting
for the special deputy marshals of the existing statutes new officers
hitherto unknown to the law, and who lack the power, responsibility,
and protection which are essential to enable them to act efficiently
as executive officers.

The bill under consideration is as follows:

_Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled_, That
from and after the passage of this act the pay of all deputy
marshals for services in reference to any election shall be $5
for each day of actual service, and no more.

SEC. 2. That all deputy marshals to serve in reference to any
election shall be appointed by the circuit court of the United
States