The Andrew County Republican. [volume] (Savannah, Mo.) 1871-1876, 1876-09-14
THE COMING ELECTIONS,

H~nstructions from Attorney.Genera
90 United states MarshsIs in Re
esrd to Federal snpervision o
WASHINGTON, Sept. 4.-The follow
ing are the instructions from the Attor
ney-General to the United States Mar
shals regarding the coming elections
A copy will DO sent to each Unite,
States Marshal throughout the country
SIR: The laws Of the United States hay
Ing made II my duty 10 exercise general di
rection over Marshals as to the manner o
discharging their offices, I have prepared 70
their use this circular letter OF instruction
as to the coming elections, intending tn,
same also ~ q reply TO the numerous appli
cations In like connection from private citi
gems In various States.
In the present condition Of legislation III,
United States occupies a posi-.
ton towards voters and voting which
varies according as the election is for Stat,
and other local officers only, or for member,
Of Congress and Presidential Electors. II
elections at which members of the House Of
Representatives are chosen, which, by law,
include elections at which Electors for Pres.
ident and Nice-President are appointed, the
United States secure voters against whatever
In general binders or prevents them from
the full exercise Of the elective franchise.
extending that fare alike TO the registration
list, the act Of voting, and the personal free.
dom and security Of the voter, 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,
therefore, which YOU are to preserve, and
whose violation you are TO suppress, pro
tectS among others the rights specified in
the last paragraph, and any person who by
force violates these rights breaks that peace
aud renders II your duty to arrest him, and
to suppress any riots incident thereto, or
that threaten the integrity OF registrar
tion or election, TO the end that the will Of
the people in such election may be ascer.
tanned and take effect. and that the Offend
ers may be brought before the courts for
punishment.
Notorious events in several states, which
recently and In an unusual manner have been
publicly re%probated, render it the grave du.
ty Of all Marshals who have cause to appre-
bend the 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 November next, TO be
prepared 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 OF your part might have
nrnNpntpl anil for tho urraGt apl aa,tri,,,
OF all persons who violate that peace
in any Of the above points enumerat-
ed. Diligence in these matters requires
Of course that you be and continue present
in person or 10y deputy at all places of regis
tration or election at which you have reason
TO suspect that peace is threatened, and
that whenever an embodiment OF the posse
comniitdtns is required to enforce the law,
such embodiment be present.
You will observe that the Special Deputies
mentioned in section 2,02l OF the Revised
Statutes have peculiar duties assigned to
them, duties which otherwise do not belong
to Deputy Marshals. Such Special Deputies
can be appointed only in cities OF 90 200 in.
habitants or upward, but the duties assign.
ed to Marshals and their deputies by section
-'N-- VI pthtl llht slulults DclOUI 10
all duly appointed deputies, whether they
be general or special. Within the mean
ing Of that and the preceding section, dep
uties to discharge this latter class Of duties
may be appointed to any number whatever,
according to the discretion of the Marshal,
in all States in which Sheritfs have similar
power. Section 2,030 has no practical bear
ing upon this point in States where no limit
is imposed on the appointment Of deputies
by Sheriifs, because in such States the laws
Of the United States, prior to the 18th OF
June, 1872, left the Marshals also unlimited
as to the number OF their deputies.
In discharging the duties above mentioned
you will doubtless receive the countenance
and support Of all good citi-
zens OF the United States in
your respective districts. 1t is not
necessary to say that it Is upon such counte-
nance and support that the United States
mainly rely in their endeavor to enforce the
right to vote, which they have given or
have secured. The present instructions are
intended only to counterfeit that partial
malice, wrong-headedness or inconsidera-
ton which sometimes triumphs at critical
moments over the conservative and general
prevailing forces Of society, and to which
the present and passing condition Of the
country gives more than ordinary strength,
and therefore requires the Government TO
particularly observe and provide against.
In this connection ! advise that you, and
each OF your deputies, general and special,
have a right to summon to your assistance,
In preventing and quelling disorder, every
person In the district above Is 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 which are alike bound to
obey you. The fact that they are organized
as military bodies, whether of the State or
United States, under the immediate COM
mand Of their W officers, does not in any
wise affect their legal character. They are
still the posse cOmmitdtuS. / prefer to
quote the above statement of the laws upon
this point from an opinion by my predeces-
sor, eX-Attorney.G General Cushing, because
1t thus appears to have been well settled for
many years. (see Opinions, 4GG, May ~,
1S54.)
need hardly add there can be no State
law or State official in this country who has
Jurisdiction to oppose you in discharg-
Ing your official duties under the laws OF the
United States. II such interference should
take place-a thing not anticipated-you are
to disregard 1t entirely. The laws OF the
United States are supreme, and so, conse.
q%uently, is the action Of the officials of the
United States In enforcing them.
There is, as virtually you have already
been told, no officer Of a State whom
you may not, by summons, embody into
your own posse, and any State posse al
ready embodied by a Sheriff will, with such
Sheriff, be obliged upon your summons to
become part Of the United States posse and
obey you or your deputy acting utrtate
c0icio. The responsibility which devolves
upon an officer clothed with such powers
and required to guard the highest right OF
citizens, corresponds in degree with these
powers and rights, and exacts Of such Off
Ger consideration, intelligence and courage.
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