Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-08-28

This desire and request for the aid Of the
military under certain circumstances. un- |
derstand to refer 20 the occasional necessity |
that may rise, that marshal should have |
the means of obtaining the aid and attend |
ance of more considerable force than his |
regular deputies supply for the execut ton |
OF legal process in his district. |
The twenty-seventh section of the Judi |
ciary act of 1889, establishes the Office of
Marshal, and names among his duties and
powers the following: sand to execute |
throughout the district all lawful precepts |
directed to him, and issued under authority |
of the United States; and he shall have |
power to command all necessary assistance |
in the execution Of his duty, and to appoint,
as ne may have occasion, one or more dep |
uties."-Volume l. page 81.
I Y ou 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 determin-
alton of what force each particular necessi-
ty requires. This power of the Marshal is
equivalent to that of a Sheriff, and with
either, embraces, as resort in necessity,
district over which, the officers authority
extends. In defining this subject, Attorney
General Cushing, as understand the SUBJ
ject, correctly says it comprises every per-
son in the district or county above the age
of fifteen years, whether civilians or
not, and including the military of
all denominations, militia, soldiers and
mariners, all of whom are alike bound
to obey the commands of a Sheriff or Mar
shall, while the law gives you the power to
command all necessary aid, and the mill.
tary within your district are not exempt
from the obligation to aid in common with
all citizens you summon in case of necessi-
fxr xlcr a.
this high and responsible authority Is given
to the Marshal only 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 necessity for this extraor-
dinary aid. The military persons obeying
this summons of the Marshal, will act in
officer, the Marshal, in whose aid they are
called for the execution of process. They
are called only to the effect of secur-
ing its execution. The special duty
and authority in the execution
of process issued to you, must not be
confounded with the duty and authority of
suppressing disorder and preserving the
peace which, under our Government, be-
longs to the civil authorities of the State,
and not to the civil authorities of the Uni
ted States. Nor is this special duty of the
Marshal in executing process issued to him
to be confOunded 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 statute to pro-
tect the States against domestic violence, or
with his authority and duty under special
statutes to employ military force in subdu
ing combinations in resistance to the laws
OF the United States, for neither of these
duties or authorities is shared by the sub
ordinate officers of the Government, ex-
cept when, and as, the same may be spe-
officially communicated to them by the
| President f.-g -t-- I.--i. q
| have thus called you attention to the
general considerations bearing upon the
subject to which your letter refers, for the
purpose of securing the observance of the
limits of your duty and authority in con-
nection Herewith. Nothing can be less in
accordance with the nature of our Govern
ment or the disposition of our people than
a frequent or ready resort to military aid
in execution of the duties confided to civil
officers. Courage, vigor and Intrepidity
are appropriate qualities tor the civil SER
vice which the Marshals of the United
States are expected to perform, and re-
affirment of their power by extraordinary
means is permitted by the law only in ex-
traordinary emergencies. If it shall be
thought that an occasion at any time exists
for instruction to the military authorities
of the United States in any of the States in
connection with the execution of process
of Courts of the United States, these in
structions will be in accordance with the
exigency then appearing. .oaa
lam, sir, very respectfully, your obedient
| servant,
(Signed) VIM. M. EvARTs,
...ff.l 81 .s. Attorney General. .