Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1876-09-14
ADVERTISING RATFs

dutles assigned to them-duties which
otherwise do not belong to Deputy
Marshals. Such Special Deputies can
De appointed only ia cities of 20, 600 in.
habitants or upward; but the duties as
signed to Marshals and their Deputies
by Section 2,022, or other like statutes.
oeieng to all duly-appOinted Deputies
whether they be general or be special
within the meaning Of that and the
preceding section. deputies, to dis
charge this latter class of duties. NAV
be appointed to any number whatever,
according to the discretion of the Mar
shal in all the States, in which Sherifs
have similar power. Section 2,O3O has
no practical bearing upon this point in
the States where no limit Is imposep
the appointment of deputies by Sheriffs,
because in such States the laws of the
United States, prior to the 18th of
June, 1872, left the Marshals also un-
limited as to the number of their depu-
ties.
I'm discharging the duties above
mentioned, you will doubtless receive
the countenance and support of all good
citizens OF the United States is Your
respective Districts. It is not neces-
sary to say that 1t Is upon such counte-
nance and support, that the United
States mainly rely ia their endeayor to
enforce the right to vote, which they
have given, or have secured. The
present instructions are intended only
TO counteract that partial malice, wrong
headedness, or reconsideration, which
sometimes triumphs at critical mo-
ments, over the conservative and gen.
orally prevailing forces of society, and
to which the present and passing con-
dition of the country gives more than
ordinary strength, and, therefore, re-
4uires the Government to particularly
observe and provide against it. Ia
this connection, advise that you and
each of your deputies, general and
special, have right to summon to
your assistance, in preventing and quel-
ling disorder, every person in the Dis
trlct above fifteen years of age, what
ever may be their occupation, whether
civilians or not, and including the mil
itary Of all denominations, militia, SOL
diers, 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 of the United
States, under the immediate command
OF their own officers, does not in any
wise effect their legal character. They
are still the posse comitatus. prefer
to quote the above statement of the
laws upon this point from an opinion
by my predecessor, ex-Attorney-G -Gener-
al Cushing, because it thus appears to
have been well settled for many wears.
Is Op., 446, May q, 1854.
need hardly add that there can be
no State law or State official in this
country who has jurisdiction to oppose
you discharging your official duty un-
der the laws of the United States. If
such interference shall take place Ia
thing not anticipated), you are to dis
regard it entirely. The laws of the
United States are supreme, and so, con-
Is the action of officials of the
United States in enforcing them.
There is Gas virtually you have already
been told) no officer of q State whom
you may not, by summons, embody
into your own posse, and may any
State posse already embodied by
Sheriff, will, with such Sheriff be oblig-
ed, upon your summons, to become q
part OF tie United States posse, and
obey you or your deputy, acting rTt,ae
26tcio. The responsibility which de.
'OAsSo uPOn OH OlCcI Ckotucu Will
such powers, and required TO guard the
highest right of citizens, corresponds in
1egree with these powers and rights,
md exacts of such officer consideration.
intelligence, and courage.
ut is proper to advise you that, in
this circular, have consider
ID the recent important judgments
.iven by the Supreme Court of the
United States upon the acts of Congress
which regulate this general topic. I
lave founded the above instructions up-
N those acts as are affected by such
judgments. need in this place add
hat nOmOre than that these judgments
10 not concern Federal elections. You
will find appended in full, by reference,
uch statutory provisions as it seems
important that you and your deputies
hall, in this connection, read and con-
ider. In matters of doubt you are, of
curse, entitled to the advice of the
United States Attorney for your Dis
rict. These instructions have been
ubmitted to the President, and have
is approval. Very respectfully, your
bedient servant,
"ALPH0NSO TAFT,