Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-08-26
IMPORTANT INSTRUCTIONS TO MIL.
lTARY COMMANDERS IN
THE SOUTH.

n ~ L..
lTARY COMMANDERS IN
THE SOUTH.
The following instructions have been sent 10
Major General George G. Meade, commanding
the Department Of the South, Atlanta, Georgia:
Major General George H. Thomas, command
ing the Department Of the Cumberland, Louis
Vile, Kentucky; and to Brevet Major General
X. q. Buchanan, commanding Department of
Louisiana THE letter to General Buchanan
was published some days ago.I
HEADQUARTERS OF THE ARMY. Adjutdnt
Generals Office, Washington, August 25, is6s-
Acjor Gen. Geo. q. Meade, U. s. Army, Command.
tng Department Of the South, Atlanta, GG-Cfen-
eraI In reply 10 your request for instructions
command in and of the civil authorities, the
Secretary Of War directs to be furnished for
your information and government the enclos ID
copies OF letter OF instructions TO Brevet Ma
Jor General Buchanan, commanding Depart
ment Of Louisiana, dated Aug. 10, IS6a and of
letter from the Attorney General of the Uni-
tied States 10 Alex. Magruder, Esq, u. s.
Aug. 90, 1865.
The letter to General Buchanan indicates
the conditions under which the military force
OF the United States may be employed 10 sup.
press insurrection against the government Of
any State, and prescribes the duties of the De-
partment Commander in reference thereto.
ne letter OF the Attorney General sets forth
the conditions under which the Marshals and
Sherifs may command the assistance of the
troops in their respective districts or counties
70 execute lawful precepts issued to them by
The obligation Of the military (individuaI
omcers and soldiers, IN common with all citi.
zens, TO obey the summons Of a Marshal or
Sheriff must be held subordinate to their para
mount duty as members of a permanent mill.
tary body. Hence the troops can act only in
their proper organized capacity, under their
own officers, and in obedience to the immediate
commands OF those officers.
The officer commanding troops summoned to
the aid OF Marshal or Sheriff must also judse
for himself and upon his own official respon.
slolllty, whether the service required OF him is
lawful and necessary and compatible with the
proper discharge OF his ordinary military du-
ties, and must limit his action absolutely to
proner aid in execution of the lawful precept
exhibited to him by the Marshal or Sheriff
II time will permit, every demand from a
civIl ofhcer for military aid whether il be for
surrectien, should be forwarded to the Presi.
dent, with all the material facts in the case
Tor MS orders; and IN all cases, the highest
commander, whose orders can be given in
time TO meet the emergency, will alone assume
the responsibility of actor
BY timely disposition OF troops where there
Is reason to apprehenda necessity for their use,
and by their passive interposition between hos.
tile parties. dangers of collision NAV be avert
ed. Department commanders, or in cases of
necessity, their subordinates, are expected in
TINS regard to exercise upon their own respon.
slblllty a wise discretion, to the end that in
any event the peace may be preserved
By command of General Grant.
(Signed,) j. q. kELTON, A. A. Gen1.
ATTORNEY GENERALS OFFICE, Goth August,
1seS-AieI. hdsruder, Esq, L.. S. Marshal,
Northern District Florida, ST. Augustine, F7u.-
SIR: Your letter of the 18th instant reached me
yesterday and has received an attentive con-
sideration- Col Sprague's information TO you
must have been based upon his own construc.
ton OF General Meade's order. lately issued,
and not upon any special instructions from the
President to Colonel Sprague, through General
Meade or otherwise, as no such special instruc-
tions have been issued by the President.
You add, Under some circumstances i
should be glad TO have the aid OF the military,
and. if practicable would be pleased to have
Instructions given to the military to aid me
informs me under his instructions he cannot
do So"
This desire and request for 1.-The aid of the
military" under certain circumstances under.
stand TO refer TO the occasional necessity which
may arise that a marshal should have the
means Of obtaining the aid and attendance OF a
more considerable force than his regular depu-
ties supply, for the execution OF legal process
In his district.
The 27th section of the Judiciary act Of I7so
establishes the Office of Marshal, and names
among his duties ana powers the following -
.'And to execute throughout the District all
lawful precepts directed to him, and issued
under the authority Of the United States; and
assistance in the execution OF his duty, and to
appoint, as there may be occasion, one or more
deputies" Qst, p. S.)
You will observe from this that the only
measure OF the assistance which you have pow.
er to command is its necessity for the execution
OF your duty, and upon your discreet Judg-
ment, under ysur ofncial responsibility, the
law reposes the determination Of what force
each particular necessity requires. This pow
er Of the Marshal Is equivalent to that Of a
Sheriff, and with either embraces as a resort in
necessity the whole power Of the precinct
county or district) over which the whole off,
GERS authority extends.
In defining this power, Attorney General
Gushing. and as understand the subject, cor.
rectly says, 1t s'comprises every person in the
district or county above the age Of fifteenyears,
whether civilians or not; and including the
military Of all denominations, militia, soldiers,
the command OF a SHERIFF. or Marshal
While, however. the law gives you this
'power to commodate necessary assistance"
exempt from obligations to obey In common
with citizens, you summons in case OF necessi.
ty. You will be particular to observe that this
high and responsible authority is given to the
marshal only in aid of his duty ssto execute
throughout the District all lawful precept di.
rected to him, and Issued under the authority
Of the United States" /" and only in case OF ne-
eessity for this extraordinary aid. The mill
tary persons obeyiDg this summons OF the mar.
shall in whose aid in the execution Of process
they are called and only to the effect OF secu-
ring Its execution.
The special duty ard authority in the execu.
ton Of process issued to you must not be con-
founded to the duty and authority OF suppress.
ing disorder and preserving the peace which,
under our Government, belongs to the civil
authorities Of the States, and not TO the civil
authorities Of the United States Nor is this
special duty and authority OF the marshal
in executing process issued TO him to be
confounded with the authority and duty OF
the President of the United States; the specific
cases Of the Constitution, and under the regn-
lauons Of the statutes, TO protect the States
against domestic violence, or with his author
ity and duty, under special statutes, to employ
military force in subduiDg combinations in re.
sistance TO the laws of the United States, for
neither Of these duties or authorities is shared
by the subordinate officers Of the Government,
except when and as the same may be specifi.
cally communicated to them by the President
have thus called your attention to the gen.
Ell al considerations bearing upon the subject to
which your letter refers, tor the purpose Of Sc.
curing due Observance Of the limits of your
duty and authority In connection herewith.
Nothing can be less in accordance with the
nature of our Government or the disposition
of our people than frequent or ready resort TO
military aid in execution Of the duties confided
to civil Officers Courage, vigor and intrepitltv
are Appropriate qualities for the civil service
which the marshals Of the United States are
expected to perform, and reinforcement of
their power by extraordinary means is per.
mitted by the law only in extraordinary emer.
gencies.
II il shall be thought that any occasion, at
any time, exists for instructions to the military
authorities Of the United States, within any