The New York herald., 1876-09-05
GENERAL WASHINGTON DISPATCHES.


WASHINGTON, Sept 4, 1876
EHE INSTRUCTIONS OF THE ATTORNEY GENERAL
TO UNITED STATES MARsHALs REGARDING
COMING KLECTIoNs-PREPARArIoNs AT TH1
CHAMBERLAIN AND PATTERSON ASSISTING IN
THE DELIBERATIONS
The following the instructions from the Attorney
General United States marshals regarding the
ing election. a copy will be sent to each United
Btatos marshal throughout the country
SiR-Thc laws Of the United States having made it
my duty exercise general direction over the
snas to the manner of discharging their offices,
have prepared tor their use this circular letter OF nstruc
lions tho coming elections intending the same
also reply once tor all, TO numerous applications
tn like connection from private citizens In various
States.
In the present condition of legislation the United
States occupy a position toward voters aud voting
which according the election Is for state and
other local officers only or for members OF Congress
aud Presidential electors In elections ut which mem
bers OF the House of Representatives are chosen,
which by law include elections AT which the electors
Tor President and Vice President are appointed tho
United Staics voters against whatever in general
binders prevents them from Tree exercise of the
elective franchise, extending that care alike TO tho
registration sts the act OF voting and the personal
Freedom aud security of the voter well us against
violence account of any vote he may intend TO give
Ms against conspiracy because OF any that he may al
ready have gwen. The peace OF the United States,
therefore, which to preserve and whose VIOLA
suppress, protects, among others the
rights specified IN the last paragraph and any person
who by force violates those rights breaks that peace
and renders duty arrest him and to suppress
incident thereto that threaten the integrity
81 the registration election, to the end that the Will
OF the people such election may be asccrtaned aud
take effect that offenders may be brought before
the courts Tor punishment Notorious events IN sew
sra States which recently aud III an unusual manner.
have publicly rcpro0ated. render 1t grave duty
,i all marshals who have to apprehend VIOLA
non the peace ot the United States connected
lbove with the ol, ,ctions to be held upon the tuesday
a. IA
pared preserve ant to restore such peace As the
chct executive oicer oi tho United States IN
your district you will be held responsible Tor all
breaches OF peace o. the United states which diligence
your part might have prevented and Tor the arrest
and securing OF all persons who violate that peace ia
any OF the p-ints above enumerated.
Diligence Ia these matters requires. OF course, that
you be and continue present IN person or by deputy at
all places OF registration OF election at which you have
suspect that the peace Is threatened and that
qured enforce the law such embodiment be effected
You VII! observe that the "special' deputies men,
TONED IN section 2,O2l OF the Revised statutes nave
pecua. duties assigned 10 them, duties which othcr-
90 not belong 10 deputy tnarshas sucn
special deputies can be appointed only in cities OF
10000 Inhabitants or upward. But the duties
assigned To marshas ana their deputies by section
202 other ike statutes belong all duy appointed
deputies whether they be general be special
within the meaning OF that and the preceding section.
Deputies to discharge this latter class OF duties may be
appointed to any numbcr whatever according to the
discretion OF the Marshal all States which
sherils have a similar power. Section 2.O3O has no
practical bearing upon this point tn states where no
shers, because such Sthtes the laws OF the United
states 'pror TO the 10th OF June, 1872 left marshas
Also unlimited as TO the number OF their deputies
In dischargng the dutics above mentioned you will
aoubtlcs receive the counenaucc aud support OF all
food ctizcns o the United states In your respective
districts II not necessary TO say that u Is
tuch countcnance and support that tho UnitcdStaics
mainly rely IN shclr cndeavor TO enforce the right TO
vote which they have gwen or have secured The
present instructions are Intended only 70 ooun,cract
ibat partial malice wrong gneadedness or inconsidera
ton which sometimes trumphs as critical moments
the conservative and ia general prcvane forces
Of society AMI ,c which tue prcscut and passing
ditlon OF the country gives ordinary Strength
aud, therefore, requires the government TO particularly
observe and provide against In ths connection ad-
wise ,hat you aud each Of your deputies
general and ..sneciaLn have a ,ichi 10 sum
mon TO your assistance IA preventing and quell-
Ing disorder, "cyery person IN the district
above biteeh years oi age whatever may be Their
,ura,ion, whether civilians not, aud including tho
military Of all denomnasions, militia, soldiers
mssines-ali o! whom are alike bound TO obey YOU
The fact that they organized as military bo'iies
whether OF state or OF The United States under the
immediate command OF their officers, docs not In
anywisc affect their legal Character they are siill
The posse cOrufGft&h prefer to quote the above
statement OF the laws upon this point IRON opinion
by my predecessor, exAttorney General Gushing, be-
rause II thus appears 70 have been wei settled TOR
nany years % Opnlons, 'C6 May y, ls54l
need hardly add tpat there can be state law
official IA this country WHO has jurisdiction TO
oppose you IA dscnsrgins your official duties under
laws OF the Untct states. II such Ltcrierence shall
take Jiacc-a thing not anticpateayou to disrc-
gard IL entirely. The laws 81 the United States
.u rene and So consequently. Is the OF officials
OF the United states IN enforcing them There Is,
virtually you have already been told, no ohcer OF
state wnafa you may not by summons em5ody into
your posso, and any Stale posse already embodied
b. a shcrf Will, with sucn sheriff be obliged upon
your su1aucns 10 become part q! United states
posse aud on-y you or your deputy acting rsytu,e
toicid- The responsibility when devol,es upon a.
o.cer clothed with such powers and require" - guard
the highest rgnt VI czers corresponds IN defrec with
those powers and ghts abb Of such oicer
k.lcraticL, intcliigctce and courage.
proper advise you that, 20 preparing this CIR
cular have Considered recent important Judg nents
xiven by the supreme Gcur Of the United States upon
the Congress which regulate this general topic
have founded tc above iastructtons uYun these acts
AID more than that these u. gme ns not concern
federal elections You viii hnj apcntcs in fui or by
nee. such statutory provisions as seems Dpor