Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-09-07
Jnstruesiens 70 q. 3. Mammals.

AND ATTORNEY GENERAL EvARrs LET
TER.
We have received for publication the fol-
lowing official letter OF Mr.. Evarts, whilst
attorney general, bearing TO some extent
upon TIE subject of Attorney General Taft's
recent circular to marshals. Owing to the
circumstance that IL has not yet bC IN pub
lished In The Opinions of the Attorney Gene
rails, we leSl j that IL ad ESCAPED the atten-
tian Of Judge Taft until the recent circular
had been settled and printed.
twill be seen that Mr.. Evarts entirely
concurs with Messrs. Cushing aud Tan in
relation TO the power Of marshals in refer
ence 70 the posse. THIS letter was written be-
the basis OF the recent circular, and had no
reference to elections. Its only divergencs
from that circular-f. e. upon the subject of
1.-THE peace" Is in appearance only. Mr.
Evarts was considering .fhe peace" as ordi-
narily understood; (thdt broken by common
law offences, &c:,l and Clearly not that
statutory peace Of the Urited States axainst
which all indictments In Federal Courts
conclude, which peace of course is substan-
tiai right Of the citizeps-the breach OF
by the authorities of the United states.
ATTORNEY GENERALS OFFICe,)
August 10th, 1853
A No11sss, h Mag11sss Es9, Marsa,
SIR:-1our letter OF the 18th inst. reached
me yesterday. and has received an attentive
consideration Col. Sprague Information to
struction OF Gen. Meades order, lately is.
sued, and not upon any special Instructions
from the President to Col. Sprague, through
Gen. Meade, other wise, as no sucn special
instructions have been issued by the Presi-
dent
You add: "Under some circu instances.
should be glad 10 have the aid OF the mill
tary, and IL practicable would be pleased TO
have instructions given to the military To
AID me when necessary. ask this, as Col.
Spragne Informs me, under his Instructions
he cannot do So"
The desire and request for the "aid of the
military" under certain circumstances, [
understand to refer to the occasional neces-
sity which may arise. that marshal should
have the means OF obtaining the aid aud at
tendance OF more considerable force tina
his regular deputies sapply. for the execu
ton OF legal process in hrs district.
The q tn section of the judiciary act OF 1888
established the office of marshal, and names
among his duties and powers the following:
"Apd to execute throughout the District all
lawful precepts directed to him and issued
under the authority of the United States,
and he shall have power to command ali
duty, and t. appoint, as there may be occa-
sion, one or more deputies."-1 Stat, d. 81.
You will observe from this that the only
measure Of the assistance which you have
the 20 yer to command is its necessity for the
execution OF your duty, and upon your dis
Greet Juds ment, under your official respon-
sloility, the law reposeS the determination
quire3. This power or the marshal is EQUIV
alent to that Of a 81 eriff. aud, with either,
embraces, as resort IN recessiiy, the whole
power OF the precinct, County or districtO
In which the officers authority extends. In
defining this power, Attorney General Gu sh-
Ing, and, as i understand the subject, cor
f rec says II comprises every person in
years, whether civilians or not, and In
GLIDING the military of all denominations,
militia, soldiers, marines, all of whom are
alike bound to obey the com mands OF a
sheriff or marshall
While, however, the law gives you this
"power to command ali necessary assist
ance," and the military within your district
are not exempt from obligation to obey, In
common with all the citizens your sum-
mons In case OF necessity, you will be par
ticular 10 observe that this high and respou-
s1ble authority Is given to the marshal only
IN aid OF his duty "to execute throughout
the district all lawful precepts directed to
Linn, and issued under the authority of the
United States" and only in case OF necessity
for this extraordinary aid. The military
psrsoDs obeyfng the summons OF the In ar
Sd al Will act IN subordination and obedience
10 The civil Off1cer--the marshal-iu whose
aid, In the execution OF process, they are
ID lied, and only TO the effect of securing Its
This special duty aud authority In the ex-
ecutiOn Of process issued to you, must not
be COMPOUNDED with the duty and authority
OF suppre6sing disorder and preserving the
70 the civil Of the atases nes
To the civil authorities of the United States.
Nor is this special duty and authority OF
the marshal, In executing process issued TO
him, TO be contour ded with the authority
and duty Of the President of the United
States, In the specific cases OF the Consti-
tuition and under the regulations OF the stat.
violence, or with his authority and duty,
under special statutes to employ mill tary
force In subduing combinations in resist
ance to the laws OF the United States. For
neither Of these duties or authorities ID
shared by the subordinate officers of the gov.
ernment, except when and as the same NAV
be communicated TO them by the President.
general considerations bearing upon the
subject TO which your letter refers, for the
purpose OF securing due Observance OF the
limits Of your duty and authority In CON.
nection herewith. Nothing can be less In
accordance with the nature OF our govern
mept, or the disposition OF our people, than
frequent and ready resort to military aid
In execution Of the duties connded to civil
oncers. Courage, vigOr and intrepidity are
appropriate qualities for the civil service
which the marshals OF the United States are
their power by extraordinary means Ia per.
Ditted by the law only In extraordinary
emergencies.
If 1t shall be thought that any occasion, at
any time, exists for Instructions to the mill
tary authorities Of the United States, within
any OF the states, In connection with the ex-
ecution OF process OF courts of the United
ance with the exigency then appearing.
1 am, sir, very respectfully, your obedient
servant,
WIN. N. EvARTs, Attorney General.
Campaign squibs.