The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-09-05

teStA, tne uCt Ol YOtlHb, uuu Luc peLbVhn
freedom and security Of theyoter, as well
as, against violence. on account OF any
vote he may intend to give, as against
conspiracy because OF any that he may
already have given. .. ~ :.
The peace OF the United States, there
fore, which you are 10 preserve and whose
violation you are 10 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 II your duty to arrest
him, and to suppress any riots incident
thereto or that threaten the integrity Of
registration or election, to the end that
the will OF the people in such election
may be ascertalned and take effect, and
that the ofIepders may be brought before
the courts for punishment; '
NoDomops EVENTS .
in several States, which recently and in
an unusual manner, have been publicly
repeated, render II the grave duty Of all
fmarshalsswho have cause, 10 apprehend a
violation Of The peace Of the United
States, connected as above with electio
to he held upon the Tuesday after the first
Monday in November next, to be prepar-
ed TO preserve and restore such peace.
As chief executive officer Of the United
States 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 securing OF all per-
sons who violate that peace in any Of the
points above enumerated. Diligence in
these matters requires, Of course, that
you be and continue present in person or
by deputy at all places OF registration or
election, at which you have reason TO
suspect peace is threatened and that
whenever IN embodiment Of the posse
comitatus is required TO enforce the law,
such embodiment be effected. You will
observe that special deputies mentioned
in sectipn.2021 Of revised statutes, have
peculiar duties assigned 10 them, duties
which otherwise don't belong to Deputy
Marshals. Such special deputies can be
appointed only in cities ol 10000 inhabi-
tants or upward, but, duties assigned
to marshals and their deputies by section
2,022 or other like statutes belong to all
duly appointed deputies, whether they
begenefal or special within the meaning
Of that and the preceding section. Dep
utics to. discharge this latter class Of du-
ties may be appointed to any number
whatever, according to the discretion ef
the marshal in all States in which sheriiis
have similar powers. Section 2,0S0
has no practical bearing upon this point
in States where no limit is imposed
on the appointment Of deputies by
sheeiffs because IN such State the laws
OF the United States prior to the
10th OF June, 1872, left marshala
also unlimited Ms TO the number oil
their deputies. In dischsrging the du.
ties above mentioned you will doubtless
receive the countenance and support oil
all. good citizens in your respective dis
tricts. It is not necessary to say that ii
ia upon such countenance and support
that the United States mainly rely lip
their endeavor to enforce the right 70
vote, which they have given or have SO.
cured. The present, instructions are in.
tended only to coqnteract that ,
PARTIAL MALICE, . .
wrong .headness or reconsideration which
some times triumphs ut critical moments
| over conservative and in general prevail.
ing forces Of, society,", and to which the
present and passing condition OF the coun.
Try gives more than ordinary strength
and hereiorerequireath government 70
particularly observe 'dnd provide against,
In this connection L advise that you
and each OF your deputies, general and
special, have a right to summon to your
assistanceinpreventing andquelling dis
order, every person inFthe district above
10 years Of age, whatever may be their
occupation, whether civilians or not, and
including The military Of all denomiha.
tions, militia, soldiers and marines, all
Of whom are bound TO obey you. The
fact that they- are organized military
bodies, whether, OF the State or Of the
United States, does not in any wise affect
their legal character. They are still the
posse comitdtuS. "f - .''.
prefer to quote the above statement
OF tho laws on this point from an opin'
ion by my predecessor, ex-Attorney
General Cushing, because It thus appears
20 have been we'll settled for many years
[0pinions 420, May q, 1851. need
hardly add that there can be = I
NO STATE LAW OR STATE OFFICIAL
In this country who has jurisdiction tc
oppose you in discharging your official
duties under the laws of the United
States. II such Interference should take
place. thing not anticipated, you are tc
disregard II entirely. The laws OF The
United States are supreme and 80 conse'
queutly ia the action OF the officials: oI
the United States in enforcing them
There is, as you have already been told
no officer OF State whom you may
not bYn summons et1body into your
posse, and any State posse already
embodied by q sheriff will, will
such sheriff, be obliged, upon your
summons to become part OF the United
States posse and obey you or your depu
ties acting ririute odteio. The response
biIity which deyolyes upon )anI officer
clothed with such power and required tC
guard the highest rights ofcitiEens CORE
spends in q degree with those power
and rights, and exacts Of such officers {
consideration Of intelligence and courage
| II Ia proper to advise you that in propar
| ing t6is circular ] have considered recen
important i9SgafpGIs S|ye2 Sy 4, 4,
acs OF Congress which regulate thiI
general topic. have ioundet
the above instructions on those acts as ART
affected BY such jdagmehtS.l 1 need Il
this place add no more than that thesC
judgments don't concern the Federal elec
tiogs. You will find appended in full OIL
by reference such statuatory provisions
- Il .....,n sr..,n.InnI ihni a,nIi and nan,