The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-08-29
POLICY OF THE GOVERNMENT.
THE USE OF UNITED STATES TROOPS IN THE
SOUTH.
LETTERS OF INSTRUCTION TO THE
DISTRICT COMMANDERS.
OPINION OF ATToRNEY-aENERAL EvARTs.

briefly given the main points Of the position
regard to the manner and extent Of the inter-
ference that would be justifable on the part of
the military forces Of the United States in aid
ing the local and civil authorities in the pre-
servation Of public order.
We now publish the opinion of Attorney
General Evarts on the whole subject, embraced
in letter of instruction to Alexander Magru-
der, ESQ.,, United States Marshal Of Florida.
Also, the military order issued from the War
Department as letter Of instruction to Major
General George G. Meade, commanding De-
partment Of the South; Major-G General George
d. Thomas, commanding Department Of the
Cumberland, and Breyet Major General r. G.
Buchanan, commanding Department Of Louis
lana. The letter to General Meade, which We
publish below, is similar to those issued to the
other Generals named:
ATToRNEY-GENERAL's OFFICE,
August 20, 1863.
Alexander Magralder, Esq, United States Mar
shat Norlhern District Of Florida, 81. Au-,
gustirc F.orida
SR: Your letter Of the 10Th instant reached
me yesterday, and has received an attentive
consideration. Col. Sprague's information to
you must have been based upon his own con-
struction Of Gen. Meade's order lately issued,
and not upon any special instructions from the
President to Col. Sprague through Gen. Meade
or otherwise, as no such special instructions
have been issued by the President. You add:
ssUnder some circumstances should be glad
to have the aid Of the military, and il prac-
ticable, would be pleased TO have Instructions
given to the military to aid me when neces-
sary. I ask this as Col. Sprague informs me
under his instructions he cannot do 3d."
His desire and request for the aid OF the
military, under certain circumstances, under
stood to refer to the occasional necessity which
may arise that the marsbal should have the
means of obtaining the aid and attendance of
more considerable force than his regular
deputies supply for execution Of legal process
in his district.
The 9th section Of the judiciary act Of 1889
establishes the Office OF marshal, and names
among his duties 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 power to command all necessary
assistance in the execution OF his duty, and to
appoint, as there may be occasion, one or more
deputies" "-Qst, P. 87.)
You will observe from this that the only
measure Of the assistance which you have pow
6r 10 COIuulauQ lh lCb u6C6SSlty lOf tuo 6AeCu-
tion Of your duty, and upon your discreet judg-
ment, under your official responsibility, the
law reposes the determination Of what force
each particular necessity requires. This power
Of the marshal is equivalent to that Of o sheriff,
and with either embraces, as resort in neces-
sity, the whole power Of the precinct County or
district) over which the officers authority ex-
tends. In defining this power, Attorney-Gen-
eral Cushing-and, as l 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 in
cluding the military Of all denominations
militia, soldiers. marines-an Of whom are
alike bound to obey the commands OF sheriff
or marshal" -
While, however, the law gives you this "pow-
er to command all necessary assistance" and
the military within your district are now ex-
empt from obligation to obey, in Common with
all the citizens, your summons In case Of me-
cessity, you will be particular tn observe that
this high and responsible authority is given to
cute throughout the district all lawful pre-
cepts 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 Hubordination and
obedience 10 the civil officer, the marshal, in
whose aid in the execution Of process they
it's execution.
This special duty and authority in the execu-
ton OF process issued to you mus. not be con-
founded with the duty and authority Of sup
pressing 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 are
this special duty and authority of the marshal,
in executing process issued to him, to be con-
founded with the authority and duty Of the
President OF the United States, in the specific
cases Of the constitution and under the statutes
to protect the States against domestic violence,
or with his authority and duty, under special
statutes, to employ military force IN subduing
combinations in resistance 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 specifically communicated to them
by the President.
I have thus called your attention to the gen
eral considerations bearing upon the subject
to which your letter refers, for the purpose OF
securing due observance Of the limits OF your
duty and authority in connection Herewith.
Nothing can be less in accordance with the ma
tllre OF our government or the disposition OF
our people than frequent or ready resort to
military aid in execution Of the duties conhded
to civil officers. Courage, vigor and intrepidity
are appropriate qualities for the civll service,
which the marshals of the United States are
expected to perform, and reinforcement OF
their power by extraordinary means is permit
ted by the law only in extraordinary emergen-
cies.
II it shall be thought that any occasion at
any time exists for instructions 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 e1igency then appearing.
I am, sir, very respectfully,
Your obedient servant,
WIN. M. EVARTS,
Attorney General.
THE MILITARY ORDER.