New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-09-05
BY TELEG R APH
JUSTICE.
Attorney General Taft's Instructions to
United states Marshals.

Attorney General Taft's Instructions to
United states Marshals.
WASHINGTON, September 4.-The follow
ing was referred to General Sherman tor
his guidance by the Secretary of War, and
transmitted to the United States Tarshals
for their government:
SIR-The laws OF the United States hav-
ing made 1t my duty to exercise general
direction over marshals in the manner of
discharging their offices, have prepared
for their use this circular letter of instruc-
tions as to the coming elections, intending
the same also as reply, once for all, to the
numerous applications in like connection
from private citizens in the various States.
In the present condition of legislation the
United States occupy q position toward
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-
tatives are chosen, which by law include
also elections at which the electors for Pres
i1ent and Vice President are appointed the
United States secure voters ag ainst what
ever in general binders or prevents them
from free exercise of the elective fran
chise, extending that care alike to the regis
tration lists, the act of voting, and the per-
sonal freedom and security of the voter at
all times, as we'll against violence on &C
count 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 Statee there
fore, which You are to preserve and whose
violations you are to suppress, protects
among others the rights specified in the
last paragraph, and any person who by
force violates these lights breaks that peace
and renders it your duty to arrest him and
to suppress any riots incident to or that
threaten the integrity of the registration or
election; 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 grave
duty of all marshale, who have cause to ap-
prehend q violation of the peace of the
United States, connected as above with the
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
responsible for all breaches of the peace of
the United States which diligence on your
part might have prevented, and for the
| late 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 all places
| Of registration or election at which you
| have reason to suspect that the peace is
| threatened, and that whenever an emb0di-
ment of the posse comitatus is required to
enforce the law such embodiment be ef-
fected.
| You will observe that the special depu-
ties mentioned in section 202l Of the Re.
vised Statutes have pc culiar duties assigned
| to them-duties which otherwise do not be-
long to deputy marshals. Such special
deputy marehals can be appointed only in
cities Of 20 900 inhabitants or upwards, but
the duties assigned to msrshals and their
deputies by section 202, or other like
statutes, belong to all duly appointed
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 sheriffs have similar power. Section
2O30 has no practical bearing upon this
point in States where no limit is imposed
upon the appointment of deputies by
the United States prior to the tenth of
June, 1872, left marshals also unlimited as
| to the number of their deputies.
In discharging the duties above men
toned, you will doubtless receive the
countenance and support Of all the good ci
tizens of the United States in your respec
tive districts. 1t is not necessary to state
that it is upon such countenance and
support that the United States mainly rely
in their endeavor to enforce the right tC
vote which they have given or have sc.
cured. The present instructions are intended
only to counteract that partial malice OF
wrOngheadedness, or reconsideration, which
sometimes triumphs at critical moments
over the conservative, and, il general, pre-.
vsiling forces of society, and to which the
present and passing condition of the coun
try gives more than ordinary strength, and
therefore requires the government particu
larly to observe and provide against.
In this connection advise that you anG
each Of your deputies, general and special
have right to summon to your assistance
in preventing end quelling disorder every
person in the district above fifteen years o
age, whatever may be their occupation
military, and of all denOminatiOns-militia
soldiers or marines-all of whom are alik
bound to obey you. The fact that they ar
organized as military bodies, whether o
the State or of the United States, unde
the immediate command of their own Off
GERS, does not in anywise effect their lega
character. They are still the posse comitatu,
l prefer to quote the above statement Q
the law upon this point from an opinion b.
my predecessor, Attorney General Cushing
because it thus appears to have been wei
settled for many years. Vol. 6, Opinions
D. 466, May 81, 1884,
need hardly add that there can be NJ
State law or State official in this coun
try who has jurisdiction to oppose YOU i
discharging your official duties under tn
laws of the United States. If such inter
| aho1 fok NIL NJ Mt
cipated-you are to disregard it entirely.
The laws of the United States are 81
preme, and so, consequently, is the actio
of officials of the United States. In OF
forcing them, there is virtually, you hav
already been told, no officer Of the Stat
whom you may not by summons embod
into your own posse, and any State pOse
already embodied by . sheriff will, wit
such sheriff, be obliged. upon your sun
, posse, and obey You or your deputies actin
rirtute offeio.
; The responsibility which devolves upO
: an officer clothed with such powers, an
| required to guard the highest right of cit
| zens, corresponds in q degree with thOe
3 | powers and rights, and exacts of such of
0 Ger consideration, intelligence and courag
1t is proper to advise you that in prepa
Q ing this circular have considered the =
d cent important judgments given by Il
Supreme Court of the United States upo
the acts of Congress which regulate this ge
eral topic. have founded the above i
structiOns upon those acts as affected /
. such judgments, and need in this pla
Q add no more than that these judgments
o not concern elections for Federal officers.
You will find appended, in full or
reference, such statutory provisions ss
: seems important that you and your dep
Q ties shall in this connection read and CO
g slider. In matters of doubt you are