The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-08-27

liable force than his regular uepu1ies
( sunplv for The execution OF legal pro-
! cess in his District.
/ The 27th section of the judiciary
/ Act Of 1879, establishes the office of a
m marshal, and names among his duties
t,and 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 he shall have pow
er to command all necessary assist
ance il the execution of his duty. and
TO appoint, as there may be occasion,
one or more deputies"
3alYOu will observe from this that
the only measure Of the assistance
which you have power to command is
the necessity for the execution OF
your duty, and upon your discreet
Judgment. Under your official re-
sponsibility the law reposes the de-
termination of what force each par
ticular necessity requires. This power
of the Marshal is equivalent to that
Of Sheriff, and with either embraces
as a resort in necessity the whole
power Of the precinct, county or dis
trict over which the officers authori-
4y extends. In defining this subject,
Attorney General Gushing. as l un-
Pderstand the subject, correctly says
it comprises every person in the dis
trict or county above the age of IF
teen years, whether civilians or not,
and including the military of all de-
minations-militia, soldiers, mar
iners-all Of whom are alike bound to
obey the, commands Of a Sheriff or
MBrshal
While, however, the law gives you
the power to command all necessary
assistance, the military within
yoHr district are not exempt from
obligations to obey, 10 common with
al citizens, your summon in case of
necessity. You will be particular to
observe that this high and responsi
BILE authority is given to the Marshal
sonly in aid of his duty to execute,
throughout the. district, all lawful
precepts. directed to him, and issued
under the authority of the United
States, and only in case of neces-
sity for this extraordinary aid.
TIE military persons ObeyIng
this summons of the Marshal.
will act in .subordination .and. ODE
dience to the civil officer, the Mar
shal, in whose aid, for the execution
of the process, they are called, and
only to the effect of securing its ex-
ecution. The special duty and au-
thority in the execution Of the process
issued to you must not be confounded
with the duty and authority of the
suppression of disorders and preserv-
ing the peace, which, under our Gov
erument, belongs to the civil author
tiles Of the States and not 10 the
civil authorizes of the United
States; nor is this special duty
of the Marshal. in executing the
process issued to him, to be confound-
ed with the authority and duty of the
President of. the United States In the
specific cases of the Constitution,
and under the regulations of the
statutes to pIotect the, States against
domestic violence, or with his author
ity and duty under special statutes to
.eIapDy military force in subduing
combinations IN resistance ito the
laws Of the United States, for neither
of these duties orauthorities is shared
by the subordinate officers Of the
Government, except when. and as the
same may be specifically communi-
Gated to them By the President.
/ have thus called your attention
to the general considerations bearing
upun the subject to which your letter
refers, for the purpose Of securing
due observance of the limits of your
duty and the authority in connection
Herewith. Nothing can be less in
accordance wi h the nature OF our
.Goysrnment orothe disposition of our
people than frequent o. a ready re-
Il
of the duties conhded Z to- teIvll
officers. Courage, vigor, and intre-
pidity are appropriate qualities for
the civ1 service which the Mar
shals of the United States are ex-
pccted 20 perform, and a reatfirment
of their power by extraordinary means
is permitted by the law ouly in extra
ordinary emergencies. IF it shall be
thought that an occasion at any time
exists for instruction to the military
authorities of the United States with
any of the States in connection with
the hexecutiou Of a process of the
Courts of the United States, these
instructions will be In accordance
with the exigency then appearing.
| am, sir, very respectfully, your
/ Obedient servant
/ (Signed) WM. R. EvARTs,
/ Attorney General.
rs Special Indian Agent w. J Cullen,
writes to the Indian Bureau from
/ Fort Benton, Montana, under date OF
/ July 9th, enclosing letters which
were found on the bodies of seven
men who were murdered by the In
/ dams at a place called LabOwe's
l Woodyard, on the Missouri River,
about eighty miles below Fort Haw-
] lev. They were buried by Captain
\ Hovey. of the steamer Leni Leoti, on
I the 4th Of July. The names of six
Of the party were as follows: Henry
tgI4mbie, of'Pittsburg; William Whit
tltaker, Of Philadelphia; L. Keyser, of
.bSt. Louis; Frank l.. Barton, of La
grange, Tennessee: Dowdle, of St.
Louis, and a party Eamed Jones,
d dresidence unknown. Id v
.tgs These mcn 'haf been in the country
only few days, and it is believed had
never molested or interfered with any
4 indians strolling through that coun-
try. Special Agent Cullen had inyes-
tigated the matter as fHlly as possible,
and was convinced the murder was
committed By the Assenabanes about
two weeks before the date Of MS let
hter. Twenty of that tribe were killed
by white men, which incensed the
Z tribe, aud they killed innocent men.
The agent says the war having been
a commenced by the Indians, it is inn
possible TO say%hen it may end, un-
less steps for. their paci fcation are
taken. 80 Law - s
4 He, therefore, recommends that a
j treaty be made as soon as practicable,
X or they may give serious trouble to
the mail coach service, which is soon
to be put IN operation between Min
nesOta and Montana, and to settlers
I alang the Missouri River. There are