for the district in which such marshals are to perform
their duties in each year; and the judges of the several
circuit courts of the United States are hereby authorized to
open their respective courts at any time for that purpose; and
in case the circuit courts shall not be open for that purpose
at least ten days prior to a registration, if there be one,
or, if no registration be required, then at least ten days
before such election, the judges of the district courts of
the United States are hereby respectively authorized to cause
their courts to be opened for the purpose of appointing such
deputy marshals, who shall be appointed by the said district
courts; and the officers so appointed shall be in equal
numbers from the different political parties, and shall be
well-known citizens, of good moral character, and actual
residents of the voting precincts in which their duties are
to be performed, and shall not be candidates for any office
at such election; and all laws and parts of laws inconsistent
with this act are hereby repealed: _Provided_, That the
marshals of the United States for whom deputies shall be
appointed by the court under this act shall not be liable for
any of the acts of such deputies.

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 assaul