Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1876-09-13
Instructions to United States Marshals

The following are the instructions from
the Attorney General to United States
Marshals regarding the coming elections.
A copy will be sent to each United States
Marshal throughout the country:
SIR: The laws of the United States bav.
ing made it my duty to exercise general di.
rection over Marshals as to the manner of
discharging their offices, l have prepared for
their use this circular letter Of instructions
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 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 Presi
Dental Electors In elections at which men,
bers OF the House of Representatives are
chosen, which by law include elections at
which Electors for President and Vice-Presi.
dent are appointed, the United States secures
voters against whatever in general hinders
or prevents them from the full exercise OF
the elective franchise, extending that care
alike to the registration lists the act of
voting, and the personal freedom and
security of the voter, as well as
against violence on account of any
vote he may intend to give, as
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 right
specified in the last paragraph, and any per-
son who, by force, violates these rights,
breaks that peace, and renders it your duty
to arrest him and to suppress any riots Incl
dent thereto or that threaten the integrity of
registration or election, to the end that the
will of the people in such election may be
ascertaned and take effect, and that offend.
ers may be brought before the courts for
punishment.
The notorious events in several States
which recently and in an unusual manner
have been publicly reprobated, render it the
grave duty of all Marshals who have cause
to apprehend violation of the peace of the
United States connected as above with the
elections to be held upon the Tuesday after
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 prevent
ed, and for the arrest and securing of all
persons who violate that peace in any of the
points above enumerated. Diligence in
these matters require, OF course, that you
be and continue present in person or by
deputy at all places of registration or elec.
ton at which you have reason to suspect
that the peace is threatened, and that when.
ever an embodiment of the posse comitatus is
required to enforce the law such embodi-
ment be effected.
You will observe that the special deputies
mentioned in Sec. 2,02l OF the Revised
Statutes have peculiar duties assigned to
them, duties which otherwise do not belong
to Deputy Marshals. Such special deputies
rat, h. int nYlH in niti Of
habitants or upwards, but the duties as
signed to Marshals and their deputies by
Sec. 2.022, or other like statutes, be-
long to all duly-appointed deputies,
whether they be general or 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 Sheritls have similar power. Sec.
2,O30 has no practical bearing upon this
point in States where no limit is imposed
upon the appointment of deputies by Sher-
ifs, because in such States the laws Of the
United States prior to the 10th Of June, 1872,
left the Marshals also unlimited as to the
number of their deputies.
In discharging the duties above mentioned
you will doubtless receive the countenance
and support of all good citizens Of the
United states in your respective districts.
1t is not necessary to say that it is upon
such countenance and support that the
United States mainly rely in their endeavor
to enforce the right to vote which they have
given or have secured. The present instruc-
tons are intended only to counteract that
partial malice, wrongheadedness or incon-
sideration which sometimes triumph at crit
ical moments over conservative, and in gen.
eral, the prevailing forces Of society, and to
which the present and passing condition
OF the country gives more than or
binary strength, and therefore requires
the Government to particularly observe and
provide against In this connection ! ad-
wise that YOU and each of your deputies,
general and special, have right to summon
to your assistance, in preventing and quell-
ing disorder, every person in the district
above fifteen years of age, whatever may be
their occupation, whether civilians or not,
and including the military of all denomina,
tons, militia soldiers. marines, all
Of whom are alike bound to obey
you. The fact that they are organ
lied as military bodies, whether of the
State or of the United States, under the i'm.
mediate command of their own officers, does
not in any wise affect 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, eY Atty. Gen. Gushing, be.
cause it thus appears to have been well set
tied for manv years rs Opinions, 4B, May2H
1881 need hardly add that there can Of
no State law or State official in this country
who has jurisdiction to oppose you in dis
charging your official duties under the laws
of the United States. If such interference
shall take place, "A thing not antlcf
palcd, YOU are to disregard it entire
ly The laws of the United States
are supreme, and SO, consequently, Is the
action OF officials of the United States III
enforcing them. There is, as virtually you
have already been told, no officer of state
whom you may not by summons, emOodl
into your own posse, and any State posse
already embodied 10y Sheriff will, with such
Sheriff, be obliged upon your summons, 20
become part OF the United States posse, ana
obey you or your deputy acting by virtu +"
his Office.
The responsibility which devolyes upon