The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1876-09-21
Enforcing the Election Laws.
INSTRUCTIONS TO UNITED STATES II.
SIIALS.

throughout The country:
Sir-The laws of the United States having
made it my duty to exercise general direc-
ton over Marshals as TO the manner of dis
charging 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 numer-
Gus applications in like connection from pri-
vate citizens in various States.
In the present condition of legislation the
United States occupy position toward vo-
tiers and voting which varies according as
the election is for State and other local Off
GERS only, or for members of Congress and
Presidential electors. In elections which
members of the House Of Representatives
are chosen, which. by law, include also cleo
tons at which the electors for President and
Vice President are appointed, tie United
States secure voters against whatever in geil-
eral binders or prevents them from 4 free
exercise Of the elective franchise, extending
that care alike to the registration lists, the
act OF voting, the personal freedom and Sc
curlty OF the voter us well against violence
on account Of any vote he may intend to
give rs against conspiracy because 81 any he
may already haze given. The peace OF tie
United State, therefore, which You are to
preserve and whose violation you are TO sup
tAV'tSt kiiiiOiiz, titi'tSJ titt Sttt-
CITED in the last aragraph. and any person
who by force violates those rights resists that
peace and renders ii your duty to arrest him
and suppress any riots incident thereto. or
that therein involve the integrity of legi>la-
ton or election, to the end that the will Of
the people in such election may be ascer-
tanned to 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 rcprobated render it y grave
duty OF all Marsfials who have cause 80 APP
prehend 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 Uni
ted States in your district you will be held
responsible for all breaches of the peace of
tie United States which diligence on your
part might lave prevented, and for the ar
rest and securing of all persons who violate
that peace in any of the points above cntlin~
Grated.
Diligence III these matters requires, OF
course, that you be and continue present in
person or by deputy at all places of registra-
ton or election at which you have reason to
suspect the peace is threatened, and that
NUCuCtti ttu GtIiuoOllic1lb vi DCSSc COlllItittS
is required to enforce the law, such embodi-
ment be effected. You will observe that the
especial" deputies mentioned il section q
OBJ of the Revised Statutes have peculiar dti-
ties ass igncd to them-tiuties which other
wise do not belong to Deputy Marshals.
Such especial deputies can be appointed
only in cities of 20,003 inhabitants or up
wards. But the deputies assigned to Mar
shals and their deputies by section 2.022 or
other like statutes belong to all duly ap-
pointed deputies, whether they be general
Or be special within the nearing 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 Sheriils have
similar power. Section 5000 has 10 prac-
| teal bearing upon this point in States where
| no limit is imposed Oh tue appointment of
deputies by Sherifis, because il such States
the laws of the United States prior TO the
| 10th of jane. 1872. left Marsfals also I'M
limited 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 Uni
| ted States in your respective districts. 1t is
not necessary to say that it is upon such
countenance and support that the United
OtdlCS ulttliliy ICil III lUcli cHNCdfOl " Cu-
force the.light to vote which they have given
or have secured. The present instructions
are intended only to counteract that partial
malice, wrongheadedness OF reconsideration
Which sometimes triumphs at critical mo-
ments over conservative and in general the
prevailing forces of society, and to which the
present and passing condition Of the country
gives more tlan ordinary strength, and,
therefore, requires the Government partcu-
larly to observe and provide against.
In this connection, | advise that you and
each Of your deputies, general and special,
have a right to summon to your assistance,
in preventing and queliiig disc rider, every
person in the district above fifteen years of
age,' whatever may be their occupation,
whether civilians or not, and including the
military of the denominations of militia, sol
ders and marines, all Of whom are alike
bound to obey you. The fact that they are
organized as military bodies, whether OF the
State or United States under The Immediate
command of their own officers, does rot i'll
anywise affect their legal character. They
| are still the posse con,atatns. | prefer TO
quote the above statement OF tic laws upon
this point from an opinion by my predeccs-
sor, eX-Attorney General Cushing, because
it thus appears to have been settled for many
years. [6 Opinions-466, May 81, 1871
need hardly add that there can be Ito
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. Ii such Interference
shall take place-a thing lot anticipated
you are to disregard it entirely. The laws
of the United States are supreme. and 80,
consequently, Is the action of officials of the
United States, in enforcing them. There is
virtually, you have already been told, no Of
ficer of State whom you may not by sum
mons cause to enter into your posse, and the
State posse already embodied by Il Sheriff
will, by such Sheriff, be obliged, on your
summons, to become part of q United States
posse and obey you or your deputy acting
Uiytute oBfficii.
The responsibility which devolves upon All
officer clothed with such powers and required
to guard the highest right OF citizens CORE
spends in degree with these powers and
rights, and eXacts of such officer considcra-
ton, intelligence and courage.
1t is proper to advise you that in prcpar-
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 general topic.
[ have founded The above instructions on
need i'm this place add no more than that
these judgments do not concern Federal eiec-
tons.
You will find appended in full or by refer
encc such statutory provisions as it seems
important that you and your deputies shall
in this connection read ami consider. In
matters of doubt you are, of course, entitled
to the advice of the United States Attorney
for your district. These instructions have
been submitted to the President, and have
his approval.
Very respectfully, your obedient servant,
ALPHONSo TAFT, Atty Gen.
A story is going the rounds of Il peda
gogue out west who went before a school
board to be examined as to his qualifications
for taking charge Of the district school, The
board, among other questions asked him bis
method Of teaching geography. We'll" he
replied, ''some say the carth's round, others
say she's fiat, | teach round or flat, accord
ing to the wishes of the parents" There
you have Tilden and Hendricks unique po-
sition on the currency question.
1t won't do. As the Tribune says, 'sthe
anoloov is too thinn Tilden sWOre to the