Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-09-04


mediately upon Its receipt Judge TAFT re-
paired to the War department, where he
held an extended consultation with the fol-
lowing gentlemen Secretaries Cameron.
Robson and Chandler, General Sherman,
Senator John Patterson, and Gov. Cham
berlafn, OF South Carolina. The letter was
approved. The following is Its full text:
Sir: The laws Of the United States having
made IL my duty TO exercise general direc-
ton over rnarsh&ls in the manner OF dis
charging their offices, 1 have prepared for
their use this circular letter of Instructions
as TO the coming elections intending the
same also as reply once for all to numerous
applications, In like connection, from pri-
vate citizens In various states.
In the present condition of legislation, the
United states occupy position toward
the election is for sta lie and other local ON
GERS only, or for members OF Congress aud
Presidential electors.
In elections at which members OF the
House of Representatives are chosen, which
by law include also elections at which the
electors for President and Vice President
are appointed, the United States secure
voters against whatever in general hinders
or prevents them from free exercise OF the
elective franchise-extending that care ali ke
To the registration lists, the act Of rott.g, and the
the personal freedom and security of the poter at
all times as Ueu against violence on account of
any UOte that he may intend 10 give, as aodinsf
conspiracy because Of any that he may already
The peace OF the United States, therefore,
which you are TO preserve, and whose VIOLA
ton you are to suppress, protects (amoug
others) the rights specified In the last para
graph, and any person who by force violates
those rights breaks that peace and renders it
Your duty to arrest him, and to suppress
any riots incident, or that threaten the In
tegrtiy OF the regis tratiOu or election, to the
end that the viii of the people in such cleo
ton may be ascertained and take effect, and
that offenders may be brought before the
Notorious events In several states. which
recently and in an unusual manner have
been publicly reprobated, render 1t q grave
prehend q violation Of the peace of the
United States connected as above with the
elections 70 be held upon the Tuesday after
the hrst Monday In November next, TO be
peace.
AS the chief executive officer of the United
States In your district you win be held re-
United States which diligence on your part
might have prevented, and for the arrest and
securing OF all persons who violate that peace
In any OF the points above enumerated.
Diligence in these matters REQ uires, OF
course, that you De, and continue, present,
In person or by deputy at all places OF regis
tration or election at which you have reason
10 suspect that the peace is threatened; ana
that whenever an embodiment OF the posse
co'aitat,ls is required to enforce the law, such
embodiment be effected.
You will observe that the Especial, depu-
ties mentioned In section 2021 OF the Revised
Statutes have peculiar duties assigned to
them, duties which otherwise do not belong
10 deputy marshals. Such especial" depu-
ties can be appointed only n cities Of TWEEN
ty thousand Inhabitants or upwards
But the duties assigned to marshals and
their deputies by section 2022, or other Ike
statutes, belong to all duly appointed depu-
ties, whether they be general, or be SPECIFY
within the meaning OF that and the proceed
Ing section: Deputies TO discharge this lat
number whatever, according to the discre-
ton OF the marshal, In all states in .ln,cb
sheIlds have simtla- power. Section 203O
has 10 PRACTICAL bearing upon this point In
states where no limit Is imposed upon the
appointment OF deputies by sheriffs, because
an such states the laws of the United States
Hprlor To the 10th OF June, 1872" left mar
shals also unlimited as to the number OF
their deputies.
In dischsrging hedutIes above men toned,
you will doubtless receive the countenancs
ara support OF ali the good citizens OF tne
IL is not necessary that 1T Is upon suca
cnupteDance and support that the Unitei
States mainly rely In toeir endeavor to en-
force the right to vote which they have given
or have secured. The present Instructions
are intended only to coup teract that parti III
m alice. wrongheadedness, or inconsidera.
ton which sometimes triumphs at critical
moments over the conservative and, In
general, prevailing forces of society, and to
which the present and passing condition OF
strength, and, therefore, requires the govern
ment particularly to observe and provide
Ia this congestion advise that you and
have q right to summon to your assistance,
In preventing and quelling disorder, ''every
person IN 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, marines, all OF whom are alike
organized Is military bodies, [Whether Of
the state or Of the United Stste,] under the
Immediate command Of their own Officers,
ter. They are still the posse cons0atas" 1
prefer to QnOte the above statement of the
law upon this point, from an opinion by my
predecessor Attorney General Cushing,
settled for many years. 70 Opinions, 466, May
/ need hardly add that,,here can be no state
law or state official In this country who has
Jurisdiction to oppose you in discharging
your official duties under the laws OF the
United States. II such Interference shall
70 disregard it entirely. The laws of the
United States are supreme, and so, conse-
quently, is the action of officials Of the Uni
virtually you have already BEEN told, no Of
n.er OF state whom you may not by sum-
mons embody into your own posse; and any
will, with such sheriff, be Obliged, upon your
summons, TO become part OF United
States posse, and obey you or your deputy
acting Utrttae o1icii.
The responsibility which devolves upon an
officer clothed with such powers, and re.
Qufred TO qua I'd the highest right of citizens,
corresponds I'm degree with those powers and
rights, and exacts Of such officer considera-
ton, Intelligence, ind courage.
II Is proper TO Id Use you that In prepar-
Ing this circular / have considered recent
important judgments given by the Supreme
Court OF the United States upon the acts of
Congress which regulate this general topic.
L have founded the above instructions
upon those acts as affected by such judR-
ments, and need in this place add no more
than that these judgments do not concern
elections for Il deral onces.
You Will find appended, in full or by ref
erence, such statutory provisions as 1t seems
important that you and your deputies shall
In this connection read and consider.
In matters OF doubt you are Of course en-
titled to the advice Of the United States at.
torneys for your district.
These Instructions have been submitted to
the President, and have bis approval.
Very respectfully, your obedlent servant,
(S19nedO ALPH0Neo TAFT,
Attorney General.
A copy OF this was referred by the Secre-
tary OF War 70 Gen. Sherman for his fnfOr-
nation and guidance.
The Irish rife team arrived ct New
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