New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-05


Swell the deep bass Of duty done,
| And strike the key
| OF time to he,
| When God ad man shall speak as ont!
INSTRUCTIONS TO UNITED Stalks
| MARSHALS.
| DEPARTMENT OF JUsTICE,
| Washington SEP TENDER =, 1876
To the United States Marshal for the District o.
l Louisiana:
SIR-The laws of the United States hav
ing made it my dury to exercise general
direction over marshals in the manner OF
disc Arging their Offices, l have prepared
for their u.s., this circular letter of instruc
tiOns a. 81 Ia. coming ectiors-intencipe
the same also rs reply orce for all to nu
merous applications in like connection
from private citizens in various States.
In the present condition of legislation
the United States occupy a position tow ard
voters and voting which varies according
as the election is for State and other local
officers only, or for members Of Congress
and Presidential electors.
In elections at which members of the
House of Represen a,ives are chose n,
| which by law include also elections at
| which the electors for Pre- sident and Vice
President are appointed. the United States
secure voters against whatever in general
binders or prevents them from free exer.
else Of the elective misunderstanding
| act of rOtiny. end the personal freedom and
security of the roter at all times, as rel
against riotenee on account of any rote that
he M az intend to gire, as against conspiracy
| because Of any that he may already hare
giren.
The peace of the United States, there
fore, which you are to preserve, and whose
violation you are TO suppress, p,ecedes Gs
well as follows such elections; and protects
| famong others) the rights specified in the
last paragraph, SO that 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 integrity OF the registra-
ton or election, To the end that the will of
the people in such election may be ascer-
tanned and take effect, and that offenders
may be brought before the courts for pun
ishment.
Notorious events in several States, which
recently and in an unusual manner have
been publicly reprObated. render i: grave
duty Of all marshals who have cause to ap-
prehend violation OF the peace CT the
United States connected as above with the
elections to be held upon the Tuesday after
the first Monday in November next, to be
prepared to preserve and to restore such
peace.
AS the chief executive officer of the United
States in your district you will be held re-
spOnsible Tor all breaches of the peace of
the United States which diligence on your
part might have prevented, and for the ar
rest and securing of all persons who violate
thu peace in any of the points above emu
merared.
Diligence in these matters requires, of
course, that You be, and continue, present,
n nv yv6 AvN - l1y~In a.
istrstiOn or election at which you have rea-
son to suspect that the peace is threatened;
and that whenever an embodiment Of the
posse c0mitatuS is required to enforce the
law, such embodiment be Effected.
You will observe that the especial" depu-
ties mentioned in section 202l of the Re-
vised Statutes have peculiar duties assigned
to them, duties which otherwise do not be-
long to deputy marstals. Such special"
deputies can be appointed only in cities of
10000 inhabitants or upwards.
But the duties assigned 70 marsbals and
their deputies by section 1922, or other like
statutes, belong to all duly appointed
deputies, whether they be general.
or he "speeiaW within the meaning
of that anu the preceding sec ion. Depu-
ties to discharge this latter class of duties
msy be appointed to any number whatever,
according to the discretion OF the marshal,
in all States in which sheritfs have similar
power. Section 203O has NO practical bear
ing upon this point in States where no limit
is imposed upon the appointment of depu-
ties by sheritfs, because in such States the
laws OF the United States "prior to the tenth
of june" 1872, left Inarshsls also unlimited |
as to the number of their deputies.
In discharging the duties above men.
toned, you will doubtless receive the coun-
tenance and support of all the good citizens |
OF the United States in your respective dis |
trlcts. 1t Is not necessary to say that it is |
upon such cOuntenance 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 instruc-
tons are intended only to counterfeit that |
partial malice, opgheadedness, or incon- |
sideration which sometimes triumphs at !
critical moments over the conservative and, |
in general, prevailing forces of society, anu |
to which the pres ent and passing condition |
OF the country gives more than ordinary |
strength. and, therefore, requires the gov
eminent particularly to observe and pro-
vide against.
In this connection advise that Won and
each of your deputies, general and |
special" have right to summon to your
in preventing and quelling dis
order, every person IN The district above |
n1teen years Ut age, whatever may be their
occupation, whether civilians or not, and
lhc!udlng Inc military of all denominations,
militia, soldiers, marines, all Of whom are
alike bound to obey you. The fact that
they are organized as military bodies
whether of the State or of the United
States,) }. under the lmheciate command of
their own officers, does not in any wise
affect their legal character. They are still
the posse comitatus" prefer to quote the !
above statement OF the law upon this point,
rom an opinion by my predecessor Attor-
ney General Gushing, because it thus ap-
pears to have been well settled for many
years. 70 Opinions, 466, May q, 1851
l need hardly add that there can be no
State law or State official in this country
VINO has jurisdiction to oppose You in dis
charging your official duties under the laws
d the United States. If such interference
snail take place-a thing not anticipated
you are to disregard it entirely. The laws /
u the United States are supreme. and 80. |
is the action OF officials of
he United States in enforcing them. There
9, as virtually you have already been told.
40 officer Of Q State whom you may NOT
~ summons embody into your own
'osss; and any State posse already