The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-08
BAY0NETS In THE SOUTH.
QUOTING VIM. NJ EyARTS IN SUP
PORT OF TAFT'S ORDER.
The military Bound to Obey the Orders Of
United states Marsbsis-tien. sherman's
Instructions for the Gui uidance OF the Army.


The military Bound to Obey the Orders Of
United states Mar.bsis-Gen. sherman's
Instructions for the Gu idance OF the Army.
WASHINGTON, Sept. THE Star to-day
publishes an ofncial letter from Mr.. Evaits
while Attorney General, dated August, 1868,
and addressed to the United States Marshal for
the Northern District OF Florida, and IN some
degree bearing upon the recent circular OF At
torney-General Taft. As the letter has never
been published offcially among the opinions Of
the AttOrney-Generals,i II ESCAPED the attention
OF Judge Taft until the recent circular had been
prepared. The letter was written before tho en-
aotment of the statutes which form the basis
Of the recent circular, and had no reference to
elections. The only divergence from the circu-
lar is upon the subject OF 1.-THE peace" Mr..
Evarts was considering "tho peace" as ordi-
narily understood that broken by common law
offences, &cD, and not that statutory poaoo Of
the United States, against which all Indictments
In Federal courts conclude. lie quotes the
section OF the Judiciary act establishing the
once OF Marshal, and defining the duty Of that
onicer to execute throughout hs district all law
ful precepts directed to him, Ills power TO COM
mand necessary assistance, &c, and says
You will observe from this that the only measure OF
me assistance which you have the poMc, 10 eoimand
your discreet judgment under your Official respond.
blllty. the law reposes tne dctermnatISn OF VIVA,
M.rshal T. eauvalen! TO insi o. sheriff snd Win
Of the precinct, county or district in which the ON
IN qsnning se s M
fre qe or soSy sboys s ace Sf ssn s;Ua sa ~ tRee
civilians Or not Including mllitary Of all denomiaa
tons, militia, soldiers and marines, al OF whom are
ae :as O0unu 10 00e' inc '0""'na' VI 'Hs''H VI MAT
A general order Just issued by Gen. Sherman,
by direction Of the Secretary OF War, publishes
for the guidance Of the army the Instructions OF
the Attorney General, addressed to the United
states Alarshals, which were Issued a few days
ago. Gen. sherman then calls the attention Of
all officers OF the army to section 5,522 OF the He-
yised statutes IN regard to interfering with
Supervisors OF Election. Marshals, or Deputies,
and also to an extract OF letter Of tho Secretary
tofore issued IA Instructions OF the department.
which extract is as follows:
The obligation of the military individual officers and
sods 1 common r,n ~ casp, 10 S oos5 .ne .SI
70 their paramount duty ss members OF permanent
propsr espsey p. sasr e sS wH oe aa
N obedience 70 the immediate orders Of those o1cer
Marsha or sheriff must also Judge for himself sno upon
resnlred OF hun IL iSwfSl aSs Necessary @ and
eompstsole WITH the proper discharge q ns
sc,gn so.ouey g proper aid IN the execution q the
Ssr TfH e ssaGfa fn 70 cya4y 4 smsa S 2s o e ii
on er for military sld. whether be iot the execution
iorv srded 10 the Pres deG Win al the mateis facts
comnsnder nose orders can be given In timc to meet
The merse.cy WI alone sssGme t9e rs.po1seiy Of
s reason spprenended OF necessity for their use aud
oy their passive interpOston between hostile parties
danger OF collision may be aNsrted.
He further called attention to the proclana-
tlon Oi the President OF the United states OF
May 3, 1871 ia regard to the Enforcement act, In
which tue President enjolns upon all good citi-
Zens. and especially upon all public officer. Ia
be Jealous In the enforcement thereof, and
warns all persons to abstain from committing
any Of tho acts THEREBY prohibited. Tue fol-
lowing paraeraphs Of the general order pub:
lishin1 that PROCLAMATION for the guidalce Of
the army are feputlshed In The order VI to-day:
The President directs thai whenever occasion shal
arise the rcsulsf forces OF the Unie sa staff ued
In the ycnity OF any locality where the Offences de-
scriOed ~ the aforcsMd sc spprCvcd April ~ 1871
may be mgitrd shall, In strIet sccordnce vita tue
ps0s.s.o.s Oi SAT- = employed ~ their command
lug officers Ia assisting authorized cu authorities OF
the United sta"s IN making srrests vi prOns accused
undcr the aid act II preventing the rescue OF
arrested fer such cause. breaking up aud dspers
ing 0andr OF disguised narau a. Of armed organ
lLsons against peace anu qles, or lac lawful pursuits
" lhc ciiz n m any STATE.
Whenever troops are employed In the manner indi.
Gated ttis Ortpr the commanding oihCcr Will at the
carries opportunity. maze tai report VI his opera.
uOns " tLc proper superior authority