Rensselaer Union, Volume 8, Number 52, Rensselaer, Jasper County, 14 September 1876 — Instructions to United States Marshals. [ARTICLE]

Instructions to United States Marshals.

The following are the instructions from the Attorney-General to United Suites Marshals regarding the coming elections. A copy will be sent to each United States' Marshal throughout the country: Sir: The tews es (he United States having made it my duty to exercise general direction over Marshall as to the manner of di-charging their offices, I have prepared for their use this circular letter of instructions as to the coming elections, Intending the same also as a reply, once for all, to the numerous applications In like connection from private citisens In the various Btates. In the present conditon of legislation theUnited States occupy a position toward voters and voting which varies according as the election is for State and other local officers only, or for members of Congress and Presidential Electors. In elections at which members of the House of Representatives are chosen, which by law include elections ah which Electors for President and Vice-Presfi-dent are appointed, the United States securesvoters against whatever in general hindersor prevents them from the full exercise of the elective franchise, extending ihut care alike to the registration lists, the act of voting, and the personal freedom and security of the voter, as well as against violence on account of any vote he may intend to give, as against conspiracy because of any that he may already have given. The peace of the United States, therefore, which you are to preserve, and whose violation you are to suppress, protects, among others, the right specified in the lost paragraph, and any person who, by force, violates these rights, breaks that peace, and renders it your duty to arrest him and to suppress any riots incident thereto or that threaten the integrity of registration or election, to the end that the will of the people in such election may be ascertained and take effect, and that offenders may be brought before the. courts for punishment. The notorious events in several States which recently and in an unusual manner have been publicly reprobated, render it the grave duty of all Marshals who have cause to apprehend a violation of the peace of the United States connected as Above with the elections to be held upon the Tuesday after the first Monday in November next, to be prepared to preserve and to restore such peace. As the Chief Executive officer of the United States in your district, you will be held responsible for all breaches of the peace of the United States which diligence on your part might have prevented, and for the arrest and securing of all persons who violate that peace in any of the points above enumerated. Diligence in these matters require, of eourse, that you be and continue present in person or by deputy at all places of registration or election at which you have reason to suspect that the peace is threatened, and that whenever an embodiment of the posse comitatus is required to enforce the law such embodiment be effected. You will observe that the special deputies mentioned in Sec. 2,021 of the Revised Btatutes have peculiar duties assigned to them, duties which otherwise do not belong to Deputy Marshals. Such special deputies can be appointed only in cities of 2,000 inhabitants or upwards, but the duties assigned to Marshals and their deputies by Sec. 2.022, or other like statutes, belong to all duly-appointed deputies, whether they be general or special, within the meaning of that and tho preceding section. Deputies to discharge this latter class of duties may be appointed; to any number whatever according to thediscretion of the Marshal in all States in which Sheriffs have similar power. Sec. 2,030 has no practical bearing upon this point in States where no limit is imposed upon the appointment of deputies by Sheriffs, because in such States the laws of the United States prior to the 10th of Juqe, 1872, left the Marshals also unlimited as to the number of their deputies. In discharging the duties above mentioned you will doubtless receive the countenance and support of all good citizens of the United States in your respective districts. It Is not necessary to say that it is upon; such countenance and support that the United States mainly rely in iheir endeavor to enforce the right to vote which they have given or have secured. The present instructions are intended only to counteract that partial malice, wrongheadedness of inconsideration which sometimes triumph at critical moments over conservative, and in general, the prevailing forces of society, and to which the present and passing condition of the country gives more than ordinary strength, and therefore requires the Government to particularly observe and provide against. In this connection I advise that you and each of your deputies, general and special, have a right to summon to your assistance, in preventing and quelling disorder, every person in the district above fifteen years of age, whatever may be their occupation, whether civilians or not, and including the military of all denominations, militia, soldiers, mar nes, all of whom are alike bound to obey you. The fact that they are organized as military bodies, whether of the State or of the United States, under the immediate command of their own officers, does not in any wise affect their legal character. They arc 'still the posse comitatus I prefer to quote the above statement of the laws upon this point from an opinion by my predecessor,ex-Atty.-Gen. Cushing, because it thus appears to have been well settled for mant years [BOpinons, 466, May 27,. 1851 J. I need hardly add that there can be no State law or State official in this country who has jurisdiction to oppose you in discharging your official duties under the laws of the United States. If such interference shall take place, a thing not anticipated, you are to disregard it entirety. The laws of the United States are supreme, and so, consequently, is the action of officials of the United States in enforcing them. There is, as virtually you have already been told, no officer of a State, whom you may not, by summons, embody into your own posse, and any Btate posse alreaity embodied by a Sheriff will, with such. Sheriff, be obliged, upon your summons, to become part of the United St tes posse, and obey you or your deputy acting by virtu e of his office.

The responsibility which devolves upon an officer clothed with such powers and required to guard the highest rights of citizena, corresponds in degree with those powers and rights, and exacts of such officers consideration. Intelligence and courage. It is proper to advise you that in preparing this circular, I have considered the recent important judgments given by the Supreme Cour of the United States upon' acts of Congress which regulate this general topic. I have founded the above instructions upon those acts as they are affected by such Judgments. 1 need in this place add no more than that these judgments do not concern Federal elections. You will find appended in full or by reference such statutory provisions as it seems important that you and vour deputies shall in this connection read and consider. In matters of doubt you are, of course, entitled to the advice of tne United States Attorney for your district. These instructions hare been submitted to the President, and have his approval. Very respectfully your obedient servant, Alfhonzo Tan, Attorney-General.

i- ' ' “ It has been the problem of my life," said. Potter, “to know how they get soda water into these fountains. When you turn the faucet it flies out tremendously, but how it was poured in stumbles me.” —New Oriearu Bulletin. ■•i * * V That fellow in his little doiy has safely crossed the ocean. He had,better not try it again. It’s too much like ballooning.