New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-09-24

secure voters against whatever in gener
hinders or prevents them from q free exc
else of the elective franchise-extendir
that care alike to the registration Isis, 4
act of rOting. and the personal freedom a,
security of the roter at all times. as &c.
against riolence on account of any r0te III,
he m ay intend to GRE. as against conspira,
because Of any that he may already ha
giren.
The peace of the United States, Their
fore, which you are to preserve, and who's
violat ton you are to suppress, precedee &
we'll as follows such elections; and prOtec,
tamong others the rights specified in til
last paragraph, so that any person who b
force violates those rights breaks tbs
peace and renders it your duty to arres
him, and to suppress any riots incident, q
that threaten the integrity of the registr,
ton or election, to the end that the will {
the people in such election may be ascel
tanned and take effect, and that offender
may be brought before the courts for puI
ishment.
Notorious events in several States, whic
recently and in an unusual manner hsv
been publicly reprObsted, render it Q gray
duty of all marehals who have cause to al
prehend q violation of the peace of th
United States connected as above with tn
| elections to be held upon the Tuesday afte
the first Monday in November next, to b
prepared to preserve and to restore sucl
peace.
As the chief executive officer OF The Unite,
States in your district you will be held re
sponsiole for all breaches Of the peace o
the United States which diligence on you
part might have prevented, and for the ar
rest and securing of all persons who violat,
that peace in any of the points above emu
merated.
Diligence in these matters requires, o.
course, that you b., and continue, present
in person or BY deputy, at all places of reg
istration or election at which you have req
| son to suspect that the peace il threatened
and that whenever an embodiment of the
posse cOmitatus is required to enforce the
law, such embodiment be effected.
You will observe that the especial" depu
ties mentioned in section 202I of the Re.
vised Statutes have peculiar duties assigned
to them, du les whicn otherwise do not be
long to deputy marshals. Such special
deputies can be appointed only in cities of
20, 900 Inhabitants or upwards.
But the duties assigned to marshals and
their deputies by section 2O22, or other like
statutes, belong to all duly appointed
deputies, whether they be general,
or be "speeia" within the meaning
of that ana the preceding section. Depu.
ties to discharge this latter class of duties
mey be appointed to any number whatever,
according to the discretion of the marshal,
in all States in which sheritfs have similar
power. Section 2O3O has no practical bear
ing upon this point 10 States where no limit
is imposed upon the appointment of depu.
ties by eheritfs, because in such States the
laws OF the United States 'priOr to the tenth
OF june" 1872, left marshals also unlimited
as to the number of their deputies.
In discharging the duties above men.
toned, you will doubtless receive the ceun.
tenance and support Of all the good citizens
OF the United States in your respective dis
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 ii,st,uc-
tons are intended only to counterfeit that
partial malice, wr0ngheadedness, or incon-
alteration which sometimes triumphs ut
critical moments over the conservative and,
in general. prevailing forces of society, and
to which the present and passing condition
of the country gives more than ordinary
strength. and, therefore, requires the gov
eminent particularly to observe and pro-
vide against.
In this connection advise that You and
each of your deputies, general and
special" have right to summon to your
assistance, in preventing and quelling dis
order, every person in The district above
y
occupation, whether civilians or not, and
including The military of all denominations,
militia, soldiers, marines, all of whom are
alike bound to obey you. The fact that
they are organized as military bodies
whether of the State or of the United
States, J, under the immediate command of
their own officers, does not in any wise
affect their legal character. They are still
the posse comitatus" prefer to quote the
lhOvo sfatamQnt Of tho Ia ,,po,, <l,;. ,o:.x
from an opinion by my predecessor Attor-
ney General Gushing, because it thus ap-
pears to have been we'll settled for MANY
years. (6 Opinions, 466, May q, 1854
l need hardly add that there can be no
S ate 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 Anticipated
Of the United States are supreme, and 80,
conse quently, is the action of officials 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 embody into your own |
posse; and any State posse already |
by q sheriff will, with
mons, to become part of q United States
OO"oSs
'irtute offcii.
The responsibility which devolves upon
IN officer clothed with such powers. and |
:equired to guard the highest right Of citi-
.ens, corresponds in degree with those DOW
RS and rights, and exacts of such officer
intelligence and courage.
1t is proper to advise you that in prepar.
ng this circular l have considered recent
important judgments given by the Supreme
court of the United States upon the acts of
congress which regulate this general topic.
l have founded the above instructions
lpon those acts as affected BY such iudg-
oents, end need in this place add no more
han that these judgments do not concern
lections for Federal offices.
You will lind appended, in full or BY
eference, such statutory provisions as it
&c ms important that you and your depu-
les shall in this connection read and CON.
ider. In matters of doubt you are of
curse entitled to the advice of the United
tates attorney for your district.
Ihese ms Tuctions have been submitted
the President, and have his approval.
Very respectfully, your obedient servant,
ALPHONSO TAFT,
Attorney General.
SHc. 2Oa4 All citizens OF the United States who |
on by the people in any State, Territory, dis
.ict, county, city, parish, township, school dis
icu municipality or other territorial subdivision.
lall be entitled and allowed to vote at all such
g ct ions, without distinction OF race, color or |
le vlous condition Of servitude; any constitu.
0 law: custom, usage OF regulation Of any State
ntrary rOtWithetandinR. !
SEC 2O2l. Whenever m election at which Re-.
Iese natives or delegates in Coneress are to be
,oeen 10 held in any city or town Of 20 900 nbabi
nts OF upward. the marshal for the district in |