The Portland daily press., 1868-08-27
WASHINGTON.
INSTRUCTIONS TO MILITARY COMMANDERS


WASHINGTON, Aug. 26.-Instructions hav
been sent to Generals Meade, Thomas an
Buchanan relative TO the use of troops unde
their several commands, and also the cor
ditions under which the military force of tn
United States may be employed TO suppress
instruction against the government OF an
State are fully made known, and the duties c
the Department Commanders accurately de
scribed. The letter of the Attorney Genera
also forwarded sets forth the conditions unde
which Marshals and Sheriffs may comr'an'
the assistance of troops in their respective DIS
tricts or counties to execute lawful preceptS
issued to them by competent authority, anf
the obligations of the military and lndlvld ua
officers and soldiers in common with all citl
zenS are to obey the summons OF the Marsha
and Sheriff and must be held subordinate t,
their paramount duty as members of perma
nent military body, since the troops can ac
only in their proper organized capacity under
their own officers, and in obedience to imme
date orders of those officers. The officer com
manding troops summoned to the aid of the
Marshal or Sheriff must also judge for him.
self, and upon his own official responsibility
whether the services required of him is Lawful
and necessary and compatible with the proper
discharge OF his ordinary military duties;
must limit his attention solely to proper aid
in the execution of lawful precepts exhibited
to him by the Marshal or Sheriff, if time will
permit. Every demand from a civil officer for
military aid whether it be for the execution of
a. SNH ploOCoSJ VI w ooPpiOS ihouliCoOioii
should be forwarded to the President, with all
the material facts OF the case for his orders,
and in all cases the highest commander, whose
orders can be given in time to meet the emer-
gency Will alone assume the responsibility of
the action by the timely disposition of troops
where there is reason to apprehend ne
cessity for their use, and by their positive
ihterposltlon between hoStlle parties when
danger OF coiiiSion may be apprehended
py department. commanders, and In cases OF
OF necessity Ihelr suDordinates are expected
III this regard 70 exercise upon their own re-
spohslplilty wise dscretion 10 the end that
III any event the peace may be preserved.
by command OF zen. Graht
otgheu) q. ~; MELLON,
Assistant Adlutant General.
ATTORNEY GENERALS OFFICE, Aug. 90
To alexander Mdgruder. u s. MarShM for the
Northern District of Florida ST. Augustine,
Florida: ls E#
Sir: Your letter of the 10Th inst. was re-
ceived yesterday and received attentive con-
sderation. Col. SDrague's information to you
must have been based upon your construction
of Geu. Meades order lately issued and not
upon any special instructions from the Presi-
dent to Col. Sprague through Gen. Meade or
otherwise, as no such special instructions have
been issued by the President. You add: Gun
der some circumstances l should be glad TO
have the aid OF the military if practicable;
would be pleased to have instructions given to
the military to aid when necessary. ask
IllS as COlOlel ODTaSue Lu6 uHuSE HIS
instructions he cannot do So" This desire and
request for the aid of the military under GER
tam circumstances | understand to refer to
the occasional necessity which may arise, that
the Marshal should have the means of obtain
ing and and the attendance of more consid-
cradle force than his regular deputies supply
for the execution OF legal process in his dis
trict. The 9th section OF the Judiciary act of
1888 establishes the Office of Marshal, and
names among his duties and powers the fol-
A Al 4.
trict all lawful precepts directed to him and
issued under the authority of the United
States, and he shall have the power to COM
mand all necessary assistance in the execution
of his duty, and to appoint as there may be &C.
casion, one or more deputies" You will OBJ
serve from this that the only measure of as
sistance which you have the power to COM
mand is what is necessary tor the execution
of your duty and upon your discreet
judgment under your official responsible
ity now depends the determination of
what force each particular necessity requires.
This power of the Marshal is equivalent to
that of the Sheriff, and with either embraces
as a resort in necessity of the whole power of
the precinct county or district over which the
officers authority extends. In defining this
power Attorney General Gushing, and as L
understand the subject, correctly says: 1t COM
prises every person in the district or county
above the age OF fifteen, whether civilians or
not, and including the militia of all de-
nominations, militia, soldiers and marines,
all whom are alike bound to obey, the com,
mands of the Sheriff or Marshal. While
however, the law gives you this power to COM
mand all the necessary force, the military
within your district are not exempt from
obligation to obey in common with all citizens,
your summons in case OF necessity. You will
be particular to observe this high and Iespon,-
slDe auIhorlty gwen TO the Marshal ohIy, ana
IN aid OF his duty to execute throughout the
district all lawful precepts directed to him,
and issued nnder the authority OF the United
States, ana only IN case OF necessity Tor this
extraordinary aid. Military persons oheylng
this summons OF the Marshal, VIII act In sub
ordination and o Sedlence to the civil of1cer,
the Marshal IN whose aud the execution OF the