1-0 



:ss, UNITED STATES. 



civilian! or not, and including the military of ail de- 

 nomination!, militia, aoldiim, marine*, all of 

 an alike bound to obey the command* of a s!i< 

 marshal. The fact that they are organized as mili- 

 tary bodie*, under the immediate command of their 

 own offloen, doe* not in any wiae affect their legal 

 character. They are mill the JHMM amitattu. (XXI. 

 1'arl. Iluu, pp. ?*, 678, per Lord Manafield.) 



"There ia an omineir .uthority, 



wbicli undoubtedly the Senator from Ohio 

 respects, as to the nature of the potte eomi- 

 t'ltat. tli.it it docs include the armed bodies of 

 rili/ciM. who are the very conservators and 

 guardians of order, the very persons who 

 above all others ought to be first called upon ; 

 because it is a part of their mission to execute 

 the law, and to execute it by force if it cannot 

 be executed otherwise. So that I propose, 

 against the opinion, and doubt, mi 1 clitliculty, 

 of my friend, the action of a Democratic ad- 

 ministration in a case of extreme hardship in- 

 deed, against liberty and for slavery, and the 

 solemn determination of Lord Mansfield and 

 the English courts as an offset to him. It 

 may be that I am wrong; but when I hare 

 drunk in my inspiration as to what the law is 

 (not as to the uses to which it is to be applied 

 in fugitive slave cases) from such sources, I do 

 not think it is quite the thing for the leader of 

 the Democrats, what there is left of them, to 

 be assailing the President of the United States 

 for assisting to execute the mandates of this 

 court, be they right or wrong." 



Mr. Thnrman: "Mr. President, I shall not 

 enlarge this debate by an inquiry, 'What is 

 left of the Democratic party V although the 

 Senator from Vermont has twice used that ex- 

 pression. I think there are some three millions 

 of them voters in the United States, and if 

 three millions of the voters of the United 

 States are only persons to be spoken of con- 

 temptuously, let it be BO. That is a matter 

 of taste." 



Mr. Edmunds: "The Senator will excnse 

 me; I did not mean to speak of them with 

 contempt, only with pity." 



Mr. ThuriiMM : " Well, sir, when they de- 

 mand the pity of the Senator from Vermont, 

 when they ask for it, it will bo time enough 

 for him to show the benevolence of hi* nature. 

 My friend from California suggests that tlu-n 

 they will bo very poor. It is very easy in<l<>e.l 

 for a person to bo OOntetnptaona in extending 

 his pity. When they n< .<! the pity of tin- 

 Senator from Vermont and n.sk for it, it will 

 be time enough for him to extend it. 



"The only general law that I know of on 

 this subject is the act of July 2!t, 18B1 ; a very 

 brief section indeed, and in three wor 



That the marshal* of the several districts of the 

 United State*, and their denude*, (hall hiive the 

 same powers in executing the law* of th.- I 

 States aa sheriff* and their deputies In the several 

 BtaU. have, by law, in executing the law* of their 

 e[*ctlve gutes. 



Mr. Edmund*: "Will mv friend allow mo 

 to give him a little further information on 

 that point!" 



Mr. Thnrman : " Certainly." 



Mr. Edmunds: "I will read to him the 

 twelfth section of the act of the 28th of Feb- 

 ruary, INTI, entitled 'An act to amend an act 

 approved May 81, 1 870, entitled " An act to 

 enforce the rights of citizens of the t'nited 

 States to vote in the several States of this 

 Union, and for other purposes,' " under whieh 

 act this very suit was instituted, wherein the 

 marshal had the assistance of the Army, as it 

 is said. Here is the twelfth section : 



That the marshal, or Ins ceiieral deputies, or such 

 special deputies aa hall be theruto specially em- 

 powered by him, in writing, and under Ms hand and 

 seal, whenever he or his said general deputies, or his 

 special deputies, or either or any of them, shall be 

 forcibly resisted in executing their duties under this 

 act, or the act hereby amended, or shall, by violence, 

 threats, or menaces, bo prevented from executing 

 such duties, or from arresting any person or persons 

 who shall commit any offense for which said mar- 

 shal, or his general or his special deputies, are 

 authorized to make such arrest, are, and each of 

 them is hereby, empowered to summon and cull to 

 his or their aid the by -slanders or pout comitatui of 

 his district. 



"The Senator will observe that it is not 

 confined merely to making arrests, but ex- 

 tends to any duty the marshal has to perform 

 under that act." 



Mr. Thnrman : " Now I will try to answer 

 the Senator upon that law." 



Mr. Edmunds: "I will also read to the 

 Senator, at the suggestion of my friend from 

 New Jersey (Mr. Frelinghuysen), the ninth 

 section of the act of April 9, 1866, under the 

 fourteenth amendment, the civil rights bill, so 

 to speak, which declares 



,That it shall be lawful for the President of the 

 United States, or such person as he may empower 

 for that purpose, to emplnv such part of the land or 

 naval force of the United States, or of the militia, as 

 shall be necessary to prevent the violation and en- 

 force the due execution of this act. 



"That was under the fourteenth amend- 

 ment, the amendment of equality and of civil 

 rights ; and under that I would suggest to my 

 friend also, aa well aa under this special voting 

 not, the authority of the President is perfectly 

 clear to support the courts in their proceed- 

 ings." 



Mr. Thurman: "I should like to see that 

 too. I will take np these acts now in their 

 order. The first in point of time i* the act I 

 had spoken of, and which I have already read, 

 an act in three lines : 



That the marshal* of the several districts of the 

 United States, and their d>-init|ps, hall have the 

 name power* in executing the laws of the United 

 State* as sheriff* and their deputies in the several 

 States have, by law, in executing the laws of the 

 respective State*. 



" That was approved .Inly 20, 1861, approved 

 in the midst of the war. If there was this 



power that it is claimed there was, 



to the opinion of Mr. dishing as 

 understood by the Senator from Vermont, 

 where wns the n ..... -unity for thi* act c't'lMll?" 

 Mr. Edmunds : " What does the Senator 



