The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-08-26

John P. O'Neill, recently appointed United
States District Attorney fer the Eastern District
of Pennsylvania, has written to the Attorney
General, stating that the Hon. Charles Gilpin,
the present incumbent, refuses to surrender the
Office to him, aud that Judge Cadwalader de-
clines to administer the oath of Office to Mr..
O'Neill. The letter was laid before the Presi-
dent, and by him returned to the Attorney
General for his opinion on the questions Of law
involved.
The Federal vroops in the South.
Despatch to the Associated Press.
Instructions as follows have been sent to
Major-Gene George G. Meade, commanding
the Department of the South, Atlanta Georgia;
MajorGeneral George H. Thomas commanding
the Department of the Cumberland, Louisville,
Kentucky; and 10 Brevet Major-General r. G.
Buchanan, commanding the Department of
Louisiana, New Orleans, Louisiana. The letter
to General Buchanan was published some days
ago:-
HEADQUARTERS OF THE ARMY, ADJUrANr-
GENFhAL's OFFICE, WASHINGTON. Aug. 25. 1861
Major. General G. G. Meade United States Army,
commanding the Department. of the South,
Atlanta, Georgia. reply to your
request for instructions relative to the
use of the troops under your command
in aid OF the civil authorities
the Secretary Of War directs to be turn SIZED
closed copies CT letter OF Instructions to Brevet
Major. General Buchanan, commanding the
Department of Louisiana, dated August l6,
1868, and of letter from the Attorney-Gene-
raj of the United STATES to Alexander Magru-
der ESQ.,, United States Marshal of the Northern
District of Florida, dated August %, 1868. The
letter to General Buchanan indicates the condi-
tions under which the military force OF the
United States may be employed to suppress in
surrection against the government of any State,
and prescribes the duties of the department
commander in reference thereto The letter of
the Attorney General sets forth the conditions
under which the marshals and sheriffs may
command the assistance OF the troops In their
respective districts or counties, to execute the
lawful precepts issued to them by competent
AUTHORITY; the obliga ion OF the military indivl-
dual officer and soldier, in common with all
citizens, to obey the summons; marshal and
sheriff must be held subordinate to their para
mount military body, hence the troops can act
only IN their proper organized capacity, under
their own officers, and in obedience to the i'm
mediate oroers of those officers.
The officer commanding troops summoned to
the aid of a malshal or sheriff must also judge
| for himself, and upon his own official respousi-
bility, whether the service required of him is
| proper discharge OF his ordinary military
| duties and must limit his action absolutely to
proper ad in execution of the lawful precept
| exhibited to him by the Mars hal or Sheriff. IT
| time will permit, every demand from civil
| officer for military aid, whether it re for the
execution of civil process or to suppress insur-
|
| with ali the material facts In the case, for his
| 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 action by timely
| disposition of troops where there is reason to
apprehend a necessity for their use, and by their
passive interpositon between hostile parties the
danger of collision may be averted Department
commanders, and in cases of necessity their
subordnates, are expected in this regard to
exercise. upon their own responsibility, a vie
discretion, to the END that III any event the
peace may be preserved.
BY command OF General Grant.
(Signed) j. G. kELToN,
Assistant Adjutant General.
ATTORNEY erxrn AS LGorU9, Usfror, August 90 1868
Alexander MsgLuoer. ESQ. United States Marsha, :,
ieHei OF the iatS Inst reached me yesteSdsy ana has
10 xoa sD5ags
| own construction OF General Meade's order, lately
PTssdent 20 Coionel spS ague through General Meade
other wise as no such eGal has been
cu9 stances I should be glad to have The aid Of the
necessary. asked this, and Colonel spIsgue Informs
This desire ana request for the aid OF the military
TO The occasional necessity which ~ arise that
Marshal should have the means OF obtaining the aid
| regular deputies supply for the execution OF legal
Pesg ns Of @ ocs OF
his ass snd p se
| precepls directed to him and issued under altne
Iity OF the Uni ed States and he shall have power
| to command all necessary assistance In the execu-
oD OF his duty, and TO appoint as there bs occa
| sion, one or more deputies list, p. 81" You Will
| observe from this that the only measure Of tine
assistance which yCu have power TO command is It's
necessity for the execution OF your duty and upon
0pT discreet JTdgm nt unHer me- y0ur orr Gla resPonsi
force each particular necessity requires, rh oower
vita eI her embraces. ss res5fs In ness.s,y. the
whole pewer of the precinct. County district over
| which the officers authority extends. "a defining
| this ptwer Attorney General Gushing, and L un-
| deTstAnd the subject correctly says ut compr ses
every person 1t the district or county above he age
the military OF AL denominations, militia soldiers,
! marnes-all OF whom are alike bound 10 obey the
pHts E Sea 6owa9 10 command all
ofssR y assistance and the military within your ais
trict are exempt ron the obligation to obsy in CON:
necehsv You Will be part collar 10 observe that thiS
high and responsible auth oIity is given to The Marshal
district all lawful PrecepIs directed 10 IN aad issued
der the Authority OF The United siates, and only Ia
military persons obeying H. is summons oI the mar
shal Will act in su coordination and ooedenos 70 ths
cution OF process, they are calle aud only TO The
effect OF securing Its fcuuon Inns t oa GUY anu
mus moi be copfounde with th- duty aud authorls "
of suBpI essing disorder aud preserving the peace
which, under our GO sernment belongs TO Ihe civil
the civil authorities OF the United states,
| the special duties ana authority OF the Mar
with Ihe authority and duty of the Pres de of he
United States In the specific cases OF the Cons ution
against domestic violence, with hrs au' hOri aud
duty under special statutes to employ the military
force In subduing combinations In resistance TO the
Law The Onited staeS neisner of these duties
or authorities is shared by the subordinate officers OF
| the Government, eS cept when aud as the same may
| have thus called your attention to the general
hAaFl