The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-09-07

leucc On account OF any votc WHICH ne
may intend to give, as against conspiracy
because OF any that ne 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 speci-
fled In the last paragraph, and any per-
son, who by force violates these rights,
breaks that peace, and renders 1t your
duty to arrest him and suppress any
riots incident thereto, or that threaten
the integrity of the registration or cleo
ton, to the end that the will Of the peo.
pie in such election may be ascertained
and take effect, and that Offenders may
be brought before the courts for punish
ment. Notorious events in several states
which recently and in unusual manner
have been publicly reprobated.
render it the grave duty OF all
marshals having cause to apprehend
a violation Of the peace of the United
States, connected as above with the cleo
ton to be held on Tuesday after the first
Monday in November next, to be pre-
pared to preserve AMI to restore such
peace. AS chief executive officer OF the
United States in your district, you will
| be held responsible tor all breaches of the
peace of the United States which dill
gence on your part mig ht have prevented.
! and for the arrest and securing of all per-
sons who violate that peace in any OF the
above points enumerated. Diligence in
| these matters require of course that you
| be and continue present in person or by
| deputy mt all places of registration or
election at which you have reason to sus-
| pect that peace is threatened, and that
whenever an embodiment OF the posse
| com itatns is required to enforce the law.
| such embodiment be present; you will
| observe that special deputies mentioned
| i'm section two thousand and twenty-one
of the revised statutes have peculiar
duties assigned to thein-duties which
| otherwise do not belong to deputy mar
shalS such special deputies can be ap-
pointed only in cities OF twenty thousand
| inhabitants or upwards. but the duties
assigned to marshals and their deputies
| by section two thousand and twenty-five
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 sec.
ton. Deputies to discharge this latter
class of duties may be appointed to any
number whatever, according to the dis
| erection Of the marshal, In all states in
which sheriffs have similar power. Sec.
ton :, O30 has no practical bearing upon
this point i'm states where no limit is i'm
posed on the appointment of deputies by
sheriffs. because in such states the laws
of the United States prior to the 18th OF
June, 1872, left marshals also unlimited
as to the number OF their dep
uties. In discharging the duties
above mentioned you will doubtless re-
ceive the countenance and support of all
good citizens OF the United States in your
respective districts. 1t is not necessary
to say that il is upon such countenance
and support that the United States
mainly rely in their endeaver to enforce
the right TO vote which they have given,
or have secured. The present insiruc-
tons are intended only TO counteract that
partial malace, wrong Medicines. or in
consideration which Sometimes triumphs
at critical moments over con.
sentative and general prevailing
forces of society. and to which
the present and passing condi-
ton Of the country gives more than or
binary strength, and therefore requires
the government to particularly observe
and provide against in this connection.
| advise that you, and each OF your dep
uties, general and special, have right
to summon to your assistance, in pre-
venting and quelling disorder, every
person in the district above fifteen years
OF age. whatever may be their occupa-
ton. whether civilians or not, including
the military of all ACKNOWLEDGEMENT
tia, soldiers, and marines, all Of which
are alike bound to obey you. The fact
that they are organized as military bod
les. whether state or United States, under
the immediate command Of their own
officers does not in any wise affect their
legal character. They are still the posse
comitatus. Iprefer TO quote the above
statement Of the laws upon this point
from an opinion by my predecessor, EX-
AttOrney-General Cushing, because it
thus appears to have been we'll settled
tor many years (see opinion 466. May %,
1854. 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. II
such interference shall take place-a
thing not anticipated-you are to
disregard it entirely. The laws OF
the United States are supreme and so
consequently is the action of Of
ficials of the United States in enforcing
them. There is, as virtually you have
already been told, no officer of state
whom you may not, by summons, en-
body into your own posse, and any state
posse already embodied by sheriff will,
| Will SUCH eileTliI, DE ODllSeu, upon your
summons, TO become part ofthe United
States posse, and obey you or your dep
uts acting rirtute o6icio. The response
bility which devolyes upon an officer
clothed with such powers. and required
to guard the highest right of citizens
corresponds in degree with these powers
and rights, and exacts of such officer
consideration, intelligence. and courage.
IL Is proper to advise you that in prepar.
, ing this circular | have considered the
recent important judgments given by the
/, supreme court of the United States upon
the acts Of congress which regulate this
e general topic. / have found the above
instructions upon those acts as are affect.
ed by such judgments, and need in this
place add no more than that these judg
+, ments do not concern the federal elec
n tons. You will find appended in full
: by reference to such statuatory provis
ions, as it seems important that you anC
your deputies shall, in this connection
i read and consider. In matters of doub
you are OF coures entitled to the advic,
OF the United States attorney for you
district These instructions have beer
submitted to the president and have hi
approval. Very respectfully, your ODE