Washington sentinel., 1854-06-21

such number Of men as are necessary for his as
sistance in the execution of the Kings writs
quelling riots, dc and herein every person abov
the age OF fifteen and able 10 travel is bound Il
be aiding; and, If they refuse to assist, may b
punished by line and imprisonment.
This power is not only allowed the sheriff bu
likewise is given TO his bsif or other minister G
Ju -tice, having the execution of the Kings writ
who, being resisted in endeayoring to execute tn
same, may lawfully raise such force as ma
sao G such
justice OF the peace, who has just cause TO fear
violent resistance, may raise the posse in order d
remove forcible entry or forcible detainer Q
lands" (Bac. Alb. Sheriff Ql,) Gull. ed, vol iv
p. 453i Bouvier's ed. Of Bacon's Alb. vol viii, p
oSo Daiton's Sheriff, chap. 2l, p. lo4; chap. 81
p 436 ii Institute, 1887
"The sheriff, under sheriff. bailif, or other sucl
officer, may, If need be, take the posse conifatus
and what of other persons they shall think goo,
10 execute any writ. process, or other lawful war
rant TO them directed, and such as shall not assis
them theren being required, shall make fine /,
the King. (Dalton's Sheriff, chap. Xxx D. 1O4)
When the sheriff or other officer is enabled
to take the power of the county, they may com
monty and ought TO take the aid and attendance
OF all knights, gentlemen, yeonien, husbandmen
iaDorers, tradesmen, servants, and apprentices
and all other such persons are above the age O
fifteen years, and that are able 10 travel And in
such cases there are not appointed any number
but II is referred to the discretion Of the sheriff
dc- what number they will have to attend upon
them, and how and in what manner they shall be
armed, weaponed, or otherwise firnishedn
The shcrif7s baff to execute repleyin took
with him three hundred men. armed (naodo quer.
rsao) with brigandines. jacks and guns and il was
holden lawful; for the sheriffs officer hath power
to take assistance as well as the sheriff HIMSELF
dalton, Sheriff, chap. 95, p. 439)
Up,n writ of seizin the sheriff returned
that he could not deliver seizin for resistance.
And for that the sheriff did not take the power
OF the county, he was amerced." (iv Bac. Alb,
Sheriff, (iv) !, 2, P. 453; Dalt. Sh. chap. 95,
p. 43S.) a
In replevin, if the sheriff return that the cattle
are IN fort or castle, SO as he cannot make de-
hverance, he shall be amerced because he did not
take the power Of the county," .The sheriff. if
need be, may raise the power OF the county 10 as
sist him IN the execution of writ of restitution
and therefore, If he make return thereon thar he
could not make restitution by reason or
ne shall be anercedn (3ac. Alb. Sheriff, vol. iv.,
P. 554; Dalton, Sheriff, CHI 95, p. 4a9)
So the law affords ample means to the officer
to execute all lawful precepts to him directed
and put down all resistance and, therefore, he
is justly responsible if he fails to execute such
precepts.
By the 9th section Of the judiciary act Of
1888, the Office of marshal for each judicial dis,
trict is created, and his powers and duties are
defined, among which are: "To execute through
out the district all lawful precepts directed to
him, and issued under the authority Of the
United States; and he shall have power to
command all necessary assistance in the exc
cution OF his duty, and to appoint as there shall
be occasion, one or more deputies
Such being the law as to the marshals and
their deputies, there was no absolute need, in
the 9th section of the act of 1850, to introduce
. clause to authorize them to command all re-
lnislte assistance in the execution of the war
rants and precepts mentioned in that act, which
should be directed to them. In this respect
he act is declaratory merely.
When, however, in that section, the commits.
'ioners were authorized to direct their precepts
,r warrants ITO any person or persons within
heir respective counties, !" by the said commits.
'ioner appointed to execute them, the act then
ldds:" With authority to such commissioners
" the persons to be appointed by them, to exc.
.ute process as aforesaid to summon and call
Q their aid the bystanders or posse con,itot,ts
u the proper county, when necessary to a faith
ul observance OF the clause of the Constitution
'eferred to, in conformity with the provisions Of
his actY Thus the powers in respect ef the
necessary assistance, or summoning the posse
'on.itatus, which belonged to the marshals and
heir deputies, riafute o6fcii, were expressly
conferred on the persons to be appointed by
he said commissioners.
And in section 9Th ofthis act, Of 1850. when
he duty of the officers who made the arrest.
vhich otherwise would have ceased upon the
lelivery OF the fugitive upon the certificate
y the court, judge, or commissioner, to the
claimant, as directed by the sixth section
It the act,--is continued and extended upon
he affidavit of the party claimant and inter
sted, "that he has reason to apprehend that
uch fugitive will be rescued by force from his
possession, then, and in such case, where the
Mcer is reqaired to act consequence Of the
didavit of the interested claimant, such officer
] expressly authorized and required I" to en-
10y as many persons as he may deem neces-
ary to overcome such force.n In which case.
lso, the officers and his assistants, for such
ervices, are to be paid out Of the treasury Of
he United States.n'
repeat, the posse comitatus to aid the Of
Ger OF the law in the execution Of his duty is
d the service Of the goyernment---not in the |
ervice of the individual who sues out the pro
ess Of the law to have the justice Of the ma
ion administered to him, which administration
j Of the duty Of the government, To guard
gainst violence by wrong-headed, misguided,
isloyal citizens, or by foreign force, is On i'm
ortant obligation of every governments
rand purpose and consideration, indeed. for
hich it is instituted. Hence, when the officer
the law deems it necessary and proper to
aise the posse conaitatus, to aid and assist him
!, executing the process of the law, the extra
rdinary expense thereby incurred is properly
ayable by the government. Expenses to be
aid by the parties liiigant are ordinary fees,
srtaiply fixed and taxable, as costs against
,e party at whose particular instance the or
mary service, in the usral calm and peaceful
administration ofjustice, have been performed,
nd which the successful litigant recoyers al
is adversary, as taxed costs for his personal
rong and injury. But it would be contrary to
! reason, and wholly unjust, to burden either
arty with the extraordinary expenses incur
d by the officer Of the law in raising the posse
mitatus, and keeping them in his employ for
We days or more, in aiding him to perform his
nty in obedience to the preceptof the law, and
defending against the threatened tumults
i'd riotous conduct of lawless men, opposing
} regular process. ,Jl
The expense, as we have seen, of the sheriffrs
lilif, in raising . posse comitatns of three