Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1862-09-18


The following communication has been presented TO
the Senate from The Secretary of War, in reply TO
resolution requesting certain information from the Preai
enti 10 relation to the pay and appointment Of Provost
MaEsGals:
HIS Excellency JEFFERSON DAVIS, President c. S. A
SIR have the honor 10 acknowledge the receipt of
the enclosed resolution CT the senate, requesting you
give them Information concerning the pay aud appoint
ment OF Provost Malshas
The army regulations provide for the employment by
Con ma 9dlng General a General Of Division of
P ogos Marshas, who are charged with the custody of
prisoners, and the performance OF police duties. Ia
garisous nOn-commissontd officers usually assigned
to these duties, but with armies in the field, deorived
as they Oh The Stance of the civil authorities
AID often iDcumbered with large numbers of prisoners
the duties become more difficult and important and
commissioned officers detailed for their discharge
1t will be observed that Provost MarshaIs are en-
pt0ged, not appointed otherwise Cfcers OF tue army
already holding commissions, could not be Ossgred to
such duty without holding two distinct appointments
from tie Government.
1t having been found that large amounts of public
property at cur principal depos, aud the peace and
good order CT many OF our towns erdangertd by
the numerous strsggelS from the army, aud campbell
lowers hanging about them and that deserion from the
army was encouraged by the want of persons at those
points authorized make arrests, the Department en-
ployed Provost Marshals, and vested them with gu
thority all persons in tie army found within their
respective limits.
Ihey haze authority Whaterer persons not an
the army, except 1Chcre martial lGv IS in force in
which localities their police powers are extended to
citizens as well as soldiers.
Whether martial exist not they are expressly pro-
hibited by general order from exercising civil ursdc-
ton, and the Department has checked them in all
in which the exercise of such jurisdiction has been
made the subject of complaint
Many OF the Provost Marshas of posts where
martial law Is not IN force have fallen into the error of
supposlng themselves to be clothed with general police
powers, bat the Department bas Invariably Informed
them when such cases brought to its attention
that they could derive the power to arrest citizens
from the civil magistrates only,
their compensation is usually fixed at that of CAP.
tain Of infantry, but in few cases they have been
allowed the pay of field officers The reference to the
army grade is merely for the purpose Of fixing their
rate OF compensation and docs not confer on them grade
or commission.
| The employment of Provost Marshals and provost
guards is essential to the preservation of public proper
y to the peace and good order of Our chief towns and
TO the very existence of the army.
They are paid by the Quartermaster's Department
because the army regulations require that department
to pay the Incidental expenses of the army including
generally all proper and authorized expenses for the
movements and operations OF the army not expressly
assigned to other departments
Provost Marshas being essential TO the operations OF
the army and not being chargeabe to any other depart
ment, seem properly to be assigned for their pay and
allowances to the Quartermaster Generals Department
Very respectfully,
Your obedient servant
GEORGE w. RANDOLPH,
Secretary of War.