Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-09-05
Grant aud his Cabinet Have at Last De
eided on Plain Usurpatlon Of
State Authority.
United States MarshaIs May Call fOI
Troops and Post Them at Pleasure
Pending the Presidential
iA1 Election.

WaI0. In the ulocndIRo OF tnelr OuHeei
mArshals can call upon all citizsns, civil
and military, In whatever service they
may be, and no State law or officers car
impede them.
There was a lengthy conference in the
war department this morning, previous
to the issuance of the order to Unite {
States marshals in regard to the sp
preaching election. 1t wss attended by
Secretaries Cameron, Robson and
Chandler, Attorney-General Taft, Gen.
sral Sherman, Governor Chamberlain
and Senator Patterson, of South Caro-.
lima. The object Of the meeting was to
take preparatory steps to carry out the
order, in case Of necessity, and to have
full understanding as to the military
giving aid to United States marshals.
FULL TEXT OF THE INSTRUCTIONS TO
MARsHALS.
The following are the instructions
from the attorney. general to United
States msrshals regarding the coming
elections. A copy viii be Gent to each
United States marshal throughout the
country: -~ --- 49, .
"SIR-The laws Of the United States
having made it my duty to exercise q
general direction over msrshals as to the
manner OF dischsrging their offices, /
nave prepared for their use this circular
letter of instructions rs to the coming
elections; intending the same, also, as 8
reply to all the numerous applications
In q like connection from private citi-
zens in the various States. In the pres.
ent condition Of legislation the United
States occupy position toward voters
and voting which varies according as
the election is for State and other local
officers only, or for members OF congress
and Presidential electors. In elections
st which members of the house Of rep
rseeutatives are chosen, which by law
include elections ct which electors for
President and Vice-President are sp
pointed, the United States secure voters
eg ainst Whatever in general hiDders or
prevents them from full exercise of the
elective franchise; extending that
care alike to the repatriation list,
the act of voting, and the person.
al freedom and security OF the voter,
as well as against violence on account OF
any vote which he may intend to give,
as sgaiRst conspiracy because ofany that
be may already have given. The peace
Of the United States, therefore, which
you are to preserve, ,iand whose violation
YOU are to suppress, protects among
others the rights specified in the last
paragraph, and any person, who by force
violates these rights, breaks that peace,
and renders it your duty to arrest him,
and TO suppress any riots incident there
to, or that threaten the integrity of the
registration or election, to the end that
the will Of the people in such election
NAV be ascertained and take effect, and
that offenders may bs brought before the
courts for punishment. Notorious events
in several States, which recently and in
unusual manner have been publicly
reprobated, render it the grave duty Of
ali m arshals having causeto spprehend
a violation of the psace of the Unite d
States, connected as above with the
election 10 be held on Tuesday after the
the first Monday ia November next, TO
be prepared to preserve and TO restore
inch pesce. As chief executive iofhceI
of she United States in your district,
Won will be held responsible for all
breaches f!,the peace OF the United
STATES which diligence on ycdr part
might have prevented, aud for the ar
rest and securing Of ali persons who Vlo'
late that peace in any Of the above
points enumerated. Diligence In there
matters require OF course that you be an0
continue present in person or by deputy
at sill places of registration or election
at which you have reason to suspec,
that peace ia threatened, and that when
ever an embodiment of the posse com
itatus is required to enforce the law,
such embodiment be IFssent; you Will
observe that special deputies mentioned
In section two thousand and twenty
one of the revised statutes have peculiar
dutIes assigned to the n-duties which
otherwise do not belong to deputy mar
shals; such special deputies can be ap'
nointad only in citiss OF twenty thou
sand inhabitants or upward, but the du-
ties assigned to msrshals and then
deputies by section two thousand and
twenty-twc or other like statutes belong
to all duly appointed deputies, whether
they be general or be special, within the
meaning of that and the peceding Sec
tion, Deputies to dischsrge this lsttel
class of duties may be appointed to any
number whatever, according to the dls
cretiou Of the marshal, in sll States 10
which sheriffs have similar power. Sec
ton two Thousand and thirty has nc
practical bearing upon this point IL
States where no limit is imposed on the
appointment OF deputies by sheritfs, be-
cause In such States the laws OF the
United states prior to the eighteenth o.
June, 1879, LETT marshals also un'
limited as to the number oi
their deputies. In dischsTging
the duties above mentioned yoU
will DOUBTLESS receive the cOuntensnce
and support Of sll good citizens OF the
United States in your respective dis.
trjcts. Il is not necessary to say that II
| ia upon such countenauce and support
| that the United States mainly rely In
their endeavor to enforce the right to
vote which they have given, or have Sc
cured. The present instructions are in
tended only to counterset that partial
malice, wrong .headedness, or ineonsid'
Grafton which sometimes triumphs at
critical moments over conservative and
neral prevailing forces Of society, and
Itch the present and passing cOndi-
~ - =, ,.''e country gives more than or.
AZ. dinaS, ~ st-e,. Nth, and therefore requires
the government to parnclisrly observe .e
and provide against ~ tnls connsctlGn'
1 advise that you, and each Vi your ue.
puties, general and special, have :, I:SS'
to summon to your assistance, in pre-
venting and queIling disorder, every
person in the district above fifteen years
OF age, whatever may be their occupa-
ton, whether civilians or not, including
the military Of all denOminstions-mi-
litia, soldier, and marines, all of which
are alike bound to obey you. The fact
that they are organized as military
bodies, whether of State or United States,
under the immediate command of their
own officers, does not in any wise
affect their legal character. They are
still the posse con1itGtus. ] prefer tC
quote the above statement of the laws
upon this point from an opinion by my
predecessor, Ex-AttorDey- General Cush'
ing, because it thus appears to have bee
well settled for many years fsee Opi-lnL
ass, NAV q, 1884. 1 need hardly add
that there can be no State law or Stat,
official in this country who has jarisdie
ton to oppose you in discharging you
official duties under the laws Of tn
United States. II such Interference sbal
take pIace-s thing not an icipated-
you STe 10 uisIeSaLu ~ sHSASiy' Al
laws OF the Uaited States are supreme
. and SO consequently ia the action OF Gi
ficislsof the United S ates in enforcing
them. There is, as Virtnslly you hav
alreaiy been told, no officer OF Stat
WHOM you may not, by summons, em
body into your own posse, and any STAT
pssSe already EN- bodied by shefi1 viii
with such sheriff. be obliged, upon you
summons, to become part Of the Unite
, States posse, and obey you or your der
. uty acting virtste c1icio. The responsi