New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-11-07

I +r;c,s. Il il not necessary to say that It u
| unon auoh cOun tenanco and support that the
limited States mainly rely In their endeav0f
to enforce the right to vote which they have
given or have secured. The present tss's1se.
ions are intended only to cOunteract ths'
martial malice, wrop gheadednese. or incon.
s;derstiou which sometimes triumpbs 81
cr;iical moments over the conservative sno
in general, prevailing forces OF society, ana
- which the PREF ent and passing condition
If the country gives more tnan OI0usry
strength. and. therefore, requires the gov
eminent particularly to observe ana pro-
vide against. !,
In this connection l advise that you and
each of YOUR deputies, general ana
especial" have a right to summon 70 your
assistance, in preventing Snd 4ueH.n1 oIs-
order, "every person IN me d'sFtet aDovo
fifteen years of age, Whatever may uo 'no,
occuDstiop. whether civilians or not, ana
;ncInding Inc military Of all denominations,
militia. soldiers, marines, all OF whom are
.Ike bound to obey you. The lace tnAt
thew sre organized as military noales
whether Of the State or OF the OGNeu
States, J. under the immediate command OF
their own officers, does not In any Wise
affect their legal character. Ihey are SUI
the posse comitatus" prefer to quote the
above statement OF the law upon this polnI'
n.y General Gushing, hecsuse 1t thus ap-
pears to have been well settled for many
years. Is Opinions, 466 May q, 1851
/ need hardly add that there can DO no
Safe law or State official in this country
who has jurisdiction to oppose you IN dis
charging !, our official duties under the laws
of the UGited States. If such interference
shall take place-a thing NOT anlicipated-
you ara 70 disregard it entirely. The laws
of the United States are supreme. and 81,
cons uuently, is the action of Officials OF
the United States in enforcing them. There
is, IN virtually you have air. ady been told.
no officer Of o State whom you may not
by summons embody inro your own
posse; and any State posse already
embodied by sheriff will, with
sucn cher f. be obliged, upon your sum
mons, to become part Of Unlttd States
posse and obey you or your deputy acting
rirtute Onfcii.
The responsibility which devOlyes upon
an officer clothed with sach powers. ard
required to guard the highest right OF citi-
zsns, Corresponds ia degree with those pow
ers and rights, and eAacts of such officer
consideration, intelligence and courage.
1t is proper 10 advise you that III prepsr.
ing this circular have considered recent !
important Judgments given by the Supreme
Court Of the United States upon the acts OF |
Congress which regulate this general topic. |
| have founded the above instructions |
upon tEose acts a. aft, cted by such judg- |
ments, and need in this place add no more |
than tast these Judgments do not concern
elections for Federal offices.
You will find appended, in full or by |
reference. anch statutory provisions az it |
set ms important that you and your depu- |
tt q shall in this connection read and con-
slider. In matters of doub. you are Of
course entitled TO the aG vice OF the United
States attorney for your district.
Tn. ga lbs Iucions have been submitted |
to the President, and have bis approval.
Very respectfully, yonr obedieDt servant,
ALPHONSO TAFT.
Attorney General.