The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-18

" other lawful warrant 10 them directed, and such
shall not assist them therein being required shall make
fine 70 the King. (Dalton's Sheriff chap * D lO4)
when the sheriff other officer Is enabled TO take the
power OF the county, they may commonly and ought 10
take the aid and attendance OF all knights gentlemen ye
men husbandmen, aborers Tadesmen servants and APP
penee and all other such persons above the age
OF nfeen years and that able travel And in such
cases there not appointed any number but il Is refer
red to the discretion Of the sheriff k what number they
viii have 10 attend upon them aud how and in what
they shall be armed weAponed or otherwise fur
nished.R
The sherifs balin execute replevin took with him
three hundred men, armed lAodo guerrao with brgan-
dnes jacks and guns and il holden lawful for the
sheriff. officer hath power to take assistance well the
sheriff himself" Il Dalton, Sheriff, chap s5, p. 4se)
Upon writ of seizn the sheriff returned that he could
not deliver sezn for resistance "And for that the sheriff
did not take the power Of the county, he amereed7
liv BAG Alb, Sheriff, tiy) ], 2, p. 4b3 DALI Sh chap
50, P. 43s)
In repevn if the sheriff return that the cattle are in
fort castle he cannot make delyerauoe he shall
be ameroed because he did not take the power Of the
ty the sheriff need be- may raise the power of the
county 10 assist him in the execution Of writ of resu
tom and therefore If he make return thereon that he
could not make restitution by Of resistance he shall
be amerced (Bac. Alb Sheriff vol Nv, 554 Dalton,
Sheriff, CHI. 95, p. 49,
So the law affords ample to the officer to execute
all lawful precps to him directed and put down all
sistance and therefore he is justly responsible he fails
| to execute such precepts.
BY the 27h section Of the Judiciary act of l7s9 the
Office Of marshal for each Judicial district is created
and his powers and duties are defined, among which
are: "To execute throughout the district all lawful
precepts directed TO him. and issued under the au-
thority of The United States and he shall have power
command all necessary assistance In the execution of his
duty and appoint there shall be occasion,
more deputies"
Such being the law to the marshas and their depu
ties there was absolute need in the 5th section of the
OF 1850 TO introduce clause to authorize them to COM
mand all requisite assistance in the execution of the
and preceps mentioned in that act which should be
directed 10 them. In this respect the act is decaratory
merely
When however, in that section the commissioners
authorized direct their preeepts to any
person persons within their respective Counties by the
said commissioner appointed execute them the act then
adds With authority to such commissioners the per-
be appointed by them, process afore
said to and call to their aid the bystanders or
comdts OF the proper county, when necessary to
faithful observance Of the clause of the constitution referred
TO- in conformity with the provisions of this act Thus
the powers in respect Of the necessary assistance
moning the posse coaa which belonged the marshals
and their deputies viae o9e expressly conferred
the persons to be appointed by the said commission
ers.
And in section 9th Of this act of 1850 when the duty of
the officers who made the restwich otherwise would
have ceased upon the delivery of the fugitive upon the
theate of the court Judge commissioner to the claimant
directed by the sixth section Of the acts continued
and extended upon the affidavit of the party claimant and
interested that he has apprehend that such fgi
tive will be rescued by force from his possession then
and in such where the officer required in
sequence of the affidavit Of the interested claimant such
officer is expressly authorized and required TO employ
many persons be may deem necessary overcome such
force In which case also the officer and his assistants
for such services be paid Of the treasury Of the
/ United States
repeat the posse eodtus aid the officer of the law
in the execution of his duty in the service Of the gov
in the service of the individual who sues out
the process Of the law to have the justice Of the nation ad
mnisered him. which administration Is of the duty of
the government To guard against violence by wrong
headed misguided dsloya citizens by foreign force
important obligation Of every governmenthe grand pur
pose and consideration indeed for which il is instituted
Hence when the officer Of the law deems it necessary and
proper raise the posse eomas aid and assist him
executing the process Of the law the extraordinary
thereby incurred is properly payable by the
Expenses TO be paid by the parties gant ordinary
fees certainly fixed and taxable costs against the party
whose particular instance the ordinary services in the
usual calm and peaceful administration Of justice have
been performed and which the successful tgant RECEIVERS
of his adversary taxed for hs personal wrong and
injury. But it would be contrary to all reason aud wholly
unjust burden either party with the extraordinary
penses incurred by the officer Of the law in raising the
posse oo1itat and keeping them his employ for Eve
days more in aiding him to perform his duty in obe
1
threatened tumults and roous conduct oawless men,
opposing its regular process
The expense we have SEEN OF the sheriGs baiH in
raising poss, coas Of three hundred men with coats
Of mail guns and colors in complete military array
mode gBcTrio-wsre not chargeabe the plaintiff whose
writ Of rplevin directed the sheriff be executed
according law but the conduct OF the sherds baf in
levying at the public charge such forc, 10 assist and
enable bin do his duty public officer was adudr-s
lawful for IL he had not taken the power u the county
and had returned mot executed for resistance the sheriff
would have been liable 10 be amerced. ..
These considerations apply well 10 the military as to
the civil foos employed for the pos,s coas comprise.
every person in the district county above the age Of
fifteen years tWaisons Sheriff, r. co., whatever may be
their occupation whether civilians or not; and including
\ the military II all denominations militia soldiers marines
all Of whom ere alike bound obey the commands Of
sheriff or marshal The fac, that they are organized az
military bodies, under the immediate command Of their
officers does In any wise affect their legal charao
ter They are still the posse cGtaiitus xxi Par Hist
s72 ess, per Lord Mansheld)
Viewing the several sections Of the act of September 18th
| 1850, together whole and in connection with the
18th section Of the set Of August 81 1852 in pa pasra
my opinion therefore, Is that assuming that the expenses
10 the Of the arrest Of the fugitive Chicago awere
incurred by the marshal in raising the osss Of his district
10 aid him in the execution OF the agansa threat
ened rescue prior to the issuing by the commissioner Of The
certificate surrenderng the slave the caimants~ s
such expenses "chargeahe the United States the
II incurred after the issung Of the certificate
As such expenses incurred BY the officer In performing