The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-27
Rochester, n. y; Gardner Griswold, of Rochester,


of Pennsylvania; George D. Curiip, Fourth district
OF virginia. John N. Lowere, Fifth district OF vir
ginia; David Taylor, Third district Of New York.
MIR. Taylor is at present o clerk In the Internal
Revenue ONCE.
Order from General Characterization to
Generals Meade, Thomas and Buchanan.
Instructions as follows have been sent to Major
General George @. Meade commanding the Depart
ment Of the South, at Atlanta, Ca; Major General
George Fl. Thomas. commanding the Department OF
the Cumberland at Louisville KY, and to Brevet
Major General r. @. Buchanan. commanding the
Department Of Louisiana, at New Orleans, La. The
ago:-
HEADQUARTERS OF THE ARMY, !
ADJUTANT GENERALS OFFICE. !
Major General G. G. MEADE, United States Army,
Commanding the Department Of the South, At
GENERAI-In reply to your request for instructions
relative to the use OF the troops under your command
II and Of the civil authorities the Secretary OF War
government, the closed copies of a letter Of in.
structlOn TO brevet Major General Buchanan, CON-
mandiug the Department Of louisiana, dated Au-
gust TO- 1865 and OF letter from the Attorney Gen
eral OF the United States to Alexander Magruder
Esq. United States Marshal of the Northern District
of Florida dated August 20, 1868.
The letter to General Buchanan indicates the con-
ditOns under which the military force of the United
States may be employed to suppress an instruction
the duties OF the department commander in refer
ence thereto.
The letter OF the ATTORNEY General sets forth the
conditions under which the marshals and sherifrs
may command the assistance OF the troops in their
respective districts or counties to execute lawful
precept5 Issued TO them by competent authority.
The obligation OF the military, individual officers and
soldiers in common with all citizens to obey the
summons Of a marshal or sheriff must be held sub
ordinate to their paramount duty as members OF
permanent military body since the troops can act
only in their proper organized capacity under their
~
ders OF those officers The officer commanding
troops summoned to the aid Of marshal or sheriff
must also Judge for himself and upon his own official
responsibility whether the service required OF him Is
lawful and necessary and compatible with the proper
discharge OF his ordinary military duties, and must
limit his action absolutely to proper aid in execution
OF the lawful precept exhibited to him by the mar
shall or sheriff.
II time will permit every demand from civil off,
for military aid whether 1t be for the execution of
civil process or to suppress Instruction should be
forwarded to the President with all the material facts
OF the case for his orders; and in all cases the high
est commander, whose orders can be given In time
to meet the emergency, will alone assume the re-
sponsibility of action. BY timely disposition OF
troops where there is reason to apprehend neces-
sity for their use, and by their passive nerpOston
between hostile parties danger or collision may be
averted. Department commanders, and In cases OF
necessity their subordnates are expected in this
gard to exercise upon their own responsibility q
wise discretion, to the end that in any event the
peace may be preserved.
J. C. KELroN, Assistant Adjutant General.
Opinion Of Attorney General Evarts-When
the Military Should be Called to Aid the
Civil Authorities.
ATTORNEY GENERALS OFFICE, August co. 1868.
ALEXANDER MAGRUDER, ESQ.,, United States Mar
shal, Northern district OF FLORIDA, st. Augustine
SR-Your letter of the 18th inst. reached me yes
terday, and has received an attentive consideration
Colonel Sprague's information to you must have
been based upon his own construction OF General
Meade's order lately issued, and not upon any spe.
clal Instructions from the President to Colonel
Sprague through General Meade or Otherwise, as no
such special instructions have been issued by the
You add-'Under some circumstances should
be glad to have the aid Of the military, and, prac
cable, would be pleased to have Instructions given
to the military to aid when necessary. ask this
| as Colonel Sprague informs me- under his instruc-
tions he cannot do so This desire and request for
the aid of the military, under certain circumstances
l understand to refer to the occasional necessity
which may arise that marshal should have the
than his
supply for the execution Of legal process IN his dis
ss e sce Of q tas
names among his Duties and powers the follow
And to execute throughout the district all lawful
precepts directed TO him. and issued under the author
ity Of the United States and he shall have power to
command all necessary assistance in the execution
sion, one or more deputes.' First, p sly You win
observe from this that the only measure OF thea ssst
| ance which you have power to command Is neces-
sary for the execution OF your duty, and upon your
discreet Judgment under your official responsibility
each particular necessity requires. This power OF
| the marshal is equivalent to that Of sheriff, and
| with either embraces as resort In necessity the
whole power Of the precinct county or district over
| which the officers authority extends.
In defining this power Attorney General Cushing
| and az understand the subject correctly-says:-
at comprises every person In the district or county
above the age OF fifteen years whether civilians or
l not, and including the military OF all denomina-
/ tons-militia, soldiers marines--all OF whom are
| alike bound to obey the commands of sheriff or
| MARSHALL While, however, the law gives you the
| power to command all necessary aid the military
within your district are not exempt from obligation
to obey in common with all the citizens you summon
| serve that this high and responsible authority s
given TO the marshal only and in aid of his duty, to
directed TO him and issued under the authority OF the
United States and only In case of necessity for this
| extraordinary aid. The military persons obeying
this summons OF the marshal will act In subordina.
ton and obedience TO the civil officer the marshal
| in whose aid lthe execution OF process) they are
called, and only 10 the effect OF securing its exc
| cution.
The special duty and authority in the execution OF
process issued TO you must not be coniounded with
the dun and authority of suppressing disorder and
preserving the peace, which, under government,
belongs to the civil authorities of the states and not
| the evil authorities OF the United States Nor Ia
this special duty OF the marshal In executing process
issuei to him 10 be confounded with the authority
and duty OF the President OF the United States In the
| specific cases OF the constitution and under the re.
gulaAons OF statutes to protect the States against
| domestic violence or with his authority and duty
| unhr special statutes TO employ military force w
| suduing combinations In resistance to the laws or
| thu United states, Tor neither OF these duties or
Authorities is shared by the subordinate officers of
| ne government, except when and as the same may
| he specifically communicated TO them by the Presi
cent.
/ have thus called your attention to the general
considerations bearing upon the subject to which
four letter refers for the purpose Of securing due
observance Of the limits OF your duty and authority
lin connection Herewith. Nothing can be less in ac-
'cor1ance with the nature Of government or the
, disposition OF our people than frequent or ready
resort to military aid in execution OF the duties
fided to civil Officers Courage vigor and intrepidty
are appropriate qualities Tor the civil SERVICE which
the marshas Of the United states are expected to
PERFORM and reafilrment OF their power by extra.
ordinarymeans Is permitted by the law only In extra
ordinary emergencies. II IL snail be thought that
any occasion OF any time exists for instruction to
the military authorities Of the United States within
any OF the States In connection with the execution
OF process Of the courts Of the United States these
instructions will be IN accordance with the exigency
| then appearing. l am, Sir, very respectfully your
Il .l,A.f