The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-09-07
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Commissioners left Laramie yesterday for
Red Cloud.
The mail from the West was damaged on
a wrecked train near Harper's Ferry Sun
day. One hundred and fifty letters, the
addresses obliterated, were sent to the dead
letter Office. The newspaper mail was
destroyed.
Zach Chandler has gone to New York for
q week on political business.
Receipts for August-In customs, thir-
teen and three quarter niiiions; internal
revenue, zine ana quarter millions.
WAsHISGFos, September 4.-The bond Of
Birney, as postmaster at Charleston, was re-
jected on Friday, one of the parties TO the
bond having telegraphed here Withdrawing
his name Birney was given further time
TO complete his bond.
Senator Robertson has secured No. l of
the four and half per cent. registered
bonds for $4,000.
The Chinese commissioners leave Chica-
90 for San Francisco on September Is.
WASHINGTON, September 4.-The fol-
lowing was referred to Gen. Sherman for
his guidance by the Secretary of War, and
transmitted to United States Marshals for
their government:
'tSir-The laws of the United States
having made it my duty to exercise general
direction over marshas in the manner of
dischargiDg their offices, / have prepared,
for their use, this circular letter of instruc-
tions as to the coming elections, intending
the same, also, as a reply, once for all, to
numerous applications in like condition
from private citizens in various States. Ia
the present condition of legislation, the
United States occupies position toward
voters and voting which varies according
as the election is for State and other local
officers, or only for members of Congress and
Preside initial electors. In elections at
which members of the House Of Rep
resentatlves are chosen, which by
the law includes also the election
at which electors for President and Vice
President are appointed, the United
States will secure voters against whatever
in general hinders or prevents them from
free exercise of the elective franchise, ex-
tending that care alike to the registration
lists, the act of voting and personal free
dom and security of each voter at all times,
as we'll as against violence on account of
any vote that he may intend to give, and
against conspiracy because of any that he
may already have given. The peace of the
United States, therefore, which you are to
preserve and whose violation you.are to sup
press, will protect among Others the rights
specified in the last paragraph, and any per-
son who by force violates those rights
breaks that peace and renders it your duty
to arrest him and to suppress any riots Incl
dent or that threaten the integrity of the
registration or the election, to the end that
the will of the people in such election may
be ascertained and take effect, and that all
| offenders may be brought before the courts
| for punishment. Notorious events in sew
eral States which recently and in an unu-
sual manner have been publicly perpetrsted
render it grave duty of all marshals who
have cause to apprehend a violation of the
peace of the United States connected as
above, with the elections to be held on the
Tuesday after the first Monday in Novem
Der next, to be prepared to preserve and
restore such peace as the chief Executive
officer of the United States demands. In
your district. you will be held responsible
for all breaches of the peace of the United
States which diligence on your part might
have prevented, and for the arrest and Sc
curing of all persons who violate that
peace in any of the points above enumer-
ated' Diligence in these matters requires,
of course, that you be and continue pres
ent, in person or by deputy, at all places
of registration or election at which
you may have reason to suspect tina.
the peace is threatened and tina,
whenever an embodiment of the posse conf
tatus is required to enforce the law. That
such embodiment be effective, you will OBJ.
serve that the special deputies mentioned
in section 2021 OF the Revised Statutes have
peculiar duties assigned to them, which
otherwise do not belong to deputy marshals.
St1nh nj ohoIo hn
pointed only in cities of 90 900 inhabitants
Ut upwards, but the duties assigned to mar
shals and their deputies by section 1922 OF
other like statutes belong to all duly ap.
pointed Deputies, whether they be general
or special. Within the meaning of that
and the preceding section deputies to dis
charge this latter class of duties may be
appointed TO any number, according to the
discretion of the marshal, in all States in
which sheriffs have similar power. Section
2030 has no practical bearing on this point
IN States where no limit is imposed on the
appointment of deputies by sheriffs, be.
cause in such States the laws of the United
States prior to the tenth of June, 1872, left
marshals also unlimited as to the number
of their deputies. In dlseharging the du
ties above mentioned you will doubtless
receive the countenance and support
of all the good citizens of the United States
in your respective districts. 1t is not
necessary to state that it is upon such
countenance and support that the United
States mainly relies in their endeavor to en-.
force the right to vote, which they have
| given or have secured. The present IN
structions are intended only to counteract
that partial wrong-headedness or inconsid-
Grafton which sometimes triumphs at crit
ical moments over the conservative and, in
the general prevailing force of society, and
to which the present and passing condi.
/ ton of the country gives more than ordi
nary strength, and therefore requires thai
the government be particular 10 observe
and provide against it. In this connec-
ton, i advise that you, and each of YOU
deputies, general and special, have righi
to summon to your assistance, in prevent
ing and quelling disorder, every person il
the district above fifteen years of age,
whatever may be their occupation, whether
civilians or not, and Including the military
of all denominations, militia, soldiers and
marines. all of whom are alike bound tc
obey. The fact that they are organized a.
military bodies, whether of State or. United
/ States, under the immediate command OF
their own offers, does not, in any wise,
effect their legal character. They are still
the posse c0mitGtus- ! prefer to quote the
above statement OF the law on this poini
from an opinion by my predecessor, Attor'
ney Gen. Gushing, because it thus appears
to have been we'll settled for many years
8 Opinions, 466, May %, 1854. l need
hardly add that there can be no State Law
or State official in this country who ha.
jurisdiction TO oppose you in dischargine
your duties under tbs laws of the United
States. II such interference shah take
place, thing not anticipated, you are &c
disregard it entirely. The laws of the
United States are supreme, and so, conse
qaently, is the action of the officials of The
United States in enforcing them. There is,
virtually, you have already. be, n sold, nc
officer of State whom you may not, by
summons, embody in your own posse, and
any State posse already embodied BY :
sheriff will, with ouch sneriii, be engaged
on your summons to become part oi a
United States posse and obey you OF your
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