The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-09-05
Letter OF distractions to q. 3. Mar
shals.

Letter OF distractions to q. 3. Mar
shals.
WASHINGTON, September 4.-The fol
lowing sre the instructions from the AT
torney General to United States Mar
shsls regarding the coming election. a
copy will be sent to each United States
Marshal throughout the country:
SlR:-The laws of the United State
having made it my duty to exercise
general direction over marshals as to th'
manner of dischsrging their offices, l have
prepsred Tor their use this circular lettel
of instructions as to the coming elections
intending the same also as q replyancs
for all to the numerous application:
IN q like connection from private
citizens in the various states. In the
present condition of legislation the
United States occupy position TOWARD
the voters and voting which varies &C
cording as the election is for state and
other local officers only, or tor members
of Congress and Presidential electors in
elections at which members of the House
of Representatives are chosen, which by
law include elections at which elector:
for President and Vice President are
| appointed. The United States secure:
voters against whatever in general
hinders or prevents them from the full ex
ercise of the elective franchise extending
that care alike to the registration test:
the act Of voting, and the
Personal Freedom and Security
of the voter, rs well as against violence
on account of any vote he may intend tC
give, against conspiracy because OF any
that he may already have given. The
peace of the United States, therefore,
you are to preserve, and whose
violation you are to suppress and protect
among others the rights specified in
the last paragraph, and any person who,
by torcs, violates those rights, breaks that
peace and renders it your duty to
arrest him, and to suppress any riots
incident thereto, or that threaten IN
tegrity of registration or election to the
end that the will of the people in such
election may be ascertslne1 and take
effect, and that the offenders may be
brought before the courts for punish
ment. 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 the viola
tion of the peace OF the United States,
connected as above, with the elections to
be held upon 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
prevented, and for the arrest and secur
ing of all persons who violate that peace
IN any of the points above enumerated
Diligence IN these matters requires, OF
course, that you be and continue present
in person, or by deputy, at all places of
registration or election at which you
have reason to suspect that the peace
is threatened, and that whenever all EN-.
bodiment of the posse comitatms is re.
quired to enforce the law, such embodi.
ment shall be affected. You will observe
that the special deputies, maintained IN
section 2,02l of the revised statutes, have
peculiar duties assigned to them; duties
which otherwise do not belong IT, deputy
marshals. Such special deputies can be
appointed only in cities OF 10000 inhsbl
tants or upwards but the duties assigned
to marshals and their deputies by section
2,022 or other like statutes, be-
long TO all duly appointed depu-
ties, whether they be general or
special within the meaning OF that and
the preceding section. Deputies to dis
charge this latter class OF duties may
be appointed
To any Number
whatever, according to the discretion OF
the mars hal and in all states in which
sherifis have similar power. Section
2030 has no practical bearing upon this
point in states where no limit is imposed
on the appointment OF deputies by sher-
ltt,, 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 rccclvethe cOuntenance
and support OF all good citizens in your
respective districts. 1t is not neces-
sary to say 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-
tions are intended only to counteract that
partial malice, wrong-hcsdedness or
| reconsideration which sometimes tri-
umphs at critical moments. Con-
servatism is in general the prevailing
| force Of society and to which the presen
and passing condition OF the country
gives more than ordinary strength aud
therefore requires the government tC
particularly observe and provide sgalns'
In this connection / advise that you,
and each of your deputies, general and
| special, have right t.
Summons TO Your Assistance.
in preventing and quelling disorder
every person in the district above fifteen
wears of are, whatever may be their occu'
patton. whether civilians or not, and in-
Guiding the military of all denominations,
militia soldiers, and marines, all of whom
are bound to obey You. The fact that
they are organized Ms military bodies,
whether state or OF the United States
under immediate command, their own
officers does rot in any wise affect their
legal character. They are still the Poss'
comitahw l prefer to quote the above
statement of the laws on this point
from an opinion by my predecessor, ex.
Attorney-Genersl Gushing, because it
thus appears to have been well settled
for many years; (opinlons 466, May "a
1854 l need hardly add that there can
be no state law or state official in thi:
country whe has jurisdiction to oppose
YOU in discharging your official duties
under the laws of the L nited States. Il
such interference should take place
thing not anticipated you
are To disregard it entirely