Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-09-14


ITO be Continued.]
2Mistellaueoas &tading.
BAYONETs AND THE BALLOT BOX. %
WASHINGTON, September 4-The follow
ing instructions have been referred to Gen.
Sherman for his guidance by the secretary Of
war and transmitted to the United States
marshals for their government:
SIR: The laws of the United States having
made it my duty to exercise general direction
over the marshals in the manner of discharg-
ing their duties, I have prepared for their use
this circular letter of instructions as to the
coming elections, intending the same also as q
reply, once for all, to numberless applications
in like connection from private citizens in va
rious States. In the present condition of leg
islation, the United States occupy position
towards voters and voting, which varies &C
cording 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 Represents
tives are chosen, which by law include also
elections at which the electors for President
and Vice-President are appointed, the United
States secures voters against whatever in gen.
eral hinders or prevents them from q free ex-
ercise of the elective franchise, extending the
same care alike to the registered lists and acts
of voting, and the personal freedom and se-
curity of thevoter at all times, as we'll against
violence on account of any vote that 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, protects, among others, the
rights specified in the last paragraph and
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-
tion or election, to the end that the will OF the
people in such election may be ascertained
and take effect, and that offenders may be
brought before the courts for punishment.
Notorious events in several States, which
recently, and in an unusual manner, have
been publicly reprobated, render it 8 grave
duty of all marshals who have cause to ap-
prehend violation of the peace of the United
States connected, as above, with the elections
to be- heid upon the Tuesday after the first
Monday in November next. to be prenared TO
preserve and to restore such peace. AS the
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 pre-.
vented, and for the arrest and securing of all
persons 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 oil
places of registration or election at which you
have reason to suspect that the peace is threat
ened, and that, whenever an embodiment OF
ths posse comitat,w is required to enforce the
law such embodiment be effected.
You will observe that the Especial" deputies
mentioned in Section 2,021 Of the Revised
Statutes have peculiar duties assigned to them,
duties which otherwise do not belong to depu.
ty msrshals. Such special deputies can be
appointed only in cities Of 10000 inhabitants
or upwards But the duties assigned to mar
shals and their deputies by Section 2,O22 or
other like statutes belong to all duly appoint
ed deputies, whether they be general or be
special, within the meaning of that and the
preceding section. Deputies 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 sherifs
have similar power. Section 80 has no prac.
tical bearing upon this point in States where
no limit is imposed upon the appointment OF
deputies by sherifs; because in such States
the laws Of the United States, prior to the
10th of June, 1872, left marshals also unlim-
tied as to the number of their deputies. In
discharging the duties above mentioned, you
will doubtless receive the countenance and
support of all the good citizens of the United
States in your respective districts. 1t is ne
cessary to say that it is upon such countenance
and support that the United States mainly re.
" in their endeavor to enforce the right to
vote, which they have given or have secured.
The present instructions are intended only to
that partial malice wrongheaded'
ness or inoonsiderateness which sometimes
at critical moments over the conser-
vative and, in general, prevailing forces Of 80
ciety, and to which the present and passing
condition of the country gives more than or
dinary strength, and, therefore, requires the
government particularly to observe and pro-
vide against. In this connection I advise that
you and each of your deputies, general and
Especial" have q right to summon to your
assistance, in preventing and quelling disor.
der, every person in the district above 10
years of age, whatever may be their occupa.
ton, whether civilians or not, and including
the military of all denominations-militia,
soldiers and marines. All of the above 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 officers, does not
in any wise affect their legal character. They
are still the posse comitatus. l prefer to quote
the above statement of law upon this point
from an opinion by my predecessor, Attor'
ney- General Gushing, because it thus appears
to have been we'll settled for many years. Six
opinions, 466, May 27, 1854. l need hardly
add that there can be no State law or State
official in this country who has jurisdiction to
oppose you in discharging your official duties
under the laws of the United States. If such
shall take place, thing not an.
ticipated, you are to disregard it entirely. The
avs of the United States are supreme, and
10 consequently is the action of officials Of
he United States In enforcing them. There
8, as virtually you have already been told,
10 officer of the State whom you may not
summon and embody into your own posse;
md any State posse already embodied by a
heriff will, with such sheriff, be obliged upon
,our summons to become part Of United
states posse, and obey you or your deputy,
Icting viirtute eficii. The responsibility which
levolves upon an officer, clothed with such
,owers, and required to guard the highest
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