Ottumwa weekly courier., 1876-09-06
PROTECTION TO VOTERS.
Attorney Generals Circular
To .. 8. Marshals Giving Instruc-
lions Regarding the Election.
N'cn ana Poor, Black and White, all
Ahke to be Protected,

~ O0 PF0e0Ct00.
WASHINGTON, Sept. 4.-Thc circp,ar
letter of the Attorney General tn tha
United States Marshals. concern;nr
protection to voters in the coming
election, says: In the present condf.
ton of legislation, the United States
occupy a position toward voters and
voting which varies according as the
elections are for State and local affairs
or for congressman and Presidential
elections. The election of Represen-
tatives includes the election of cleo
tors to vote for President. The
United States secures voters against
whatever in general prevents a full
exercise of elective franchise, whether
it be registration or actual casting OF
ballots, and protects voter against
violence on account Of the vote cast
or to be cast. The United States
therefore demands that Marshals
preserve peace. Whoever violates
the rights of voters, breaks peace,
and makes it the duty Of the Mar
shall to arrest him.
To suppress riots that threaten the
integrity of registration is also their
duty. that the will of the people may
prevail, and offenders be legally pun
| ished. Notorious events in several
States which recently have been pub
licly reprobated, render it the grave
duty Of all Marshals who have cause
to apprehend violation of peace con-
nected with the elections of the Tues
day after the first Monday i'm Noyem-
Der. to prepare to preserve and restore
such peace. The letter notifies the
Marshals that they will be held re-
sponsible for breaches Of the peace of
the United States, which diligence on
their part might have prevented, and
for the arrest of violators of the
peace. II asks that Marshals be per-
sonally present or by deputy at all
places Of registration or election
where they may suspect peace is
threatened. Wherever special depu-
ties may be required to enforce the
law, it is noticed that they can only
be appointed in cities of 10000 or
more inhabitants.
Under the revised statutes, section
2,O2l, the duties assigned to Marshals
and their deputies by section 2,O22,
or other like statutes, belong all duly
appointed deputies, general or special
Such deputies may be appointed to
any number according to the discrc.
ton of the Marshals in the States
where Sheriffs have similar power
Section 2,O30 has no practical bearing
in the discharge of such duties. The
letter says all good citizens will
doubtless countenance and suppor
them in the discharge of these duties
and on such support the United
States mainly rely for the right t.
, vote which they have given or secur
ed. These instructions are intended
only to counteract that partial malice
wrong-headedness or inconsidera
ton which sometimes triumphs a
, critical moments over conservativ,
and prevailing rules of society.
The letter advises that each deputy
, general and special, have the right Il
summon the assistance for quellin.
, disorders of every person in the dis
trict above fifteen years of age
, whether civilians or not, including
+ militia, soldiers and marines, all o
I whom are bound to obey. The fac
f that they are oganized as militar,
, bodies of the State or the United
o States, and are under the immediat
command of their own officers, doe
j. not effect theirlegal character. The,
y are still posse comitatas. He quote
Q from the opinion of his predecessor
: Attorney General Gushing, to shoy
+ that this was well settled law. Ther
| So 10 10 StcA oAs snso S.,% 4 I,
: country who has jurisdiction to op
: pose Marshals in discharging thei
+ duties. Under the laws of the Unit
s ed States, they may regard such in
q terference entirely if it occurs. Til
!. laws of the United States are SUI
!. preme, and likewise the action of tn
o. United States officials in enforcin
i. them. Any posse embodied by
i State Sheriff, will, upon their sum
: mons, be obliged to become part o
o the United States posse.
The Secretary bespeaks for Mar
n shals having such responsibility
n corresponding degree of considera
. ton, intelligence and courage. ii
: concludes by saying that in preparin
: this letter he has considered the re
q cent u. S. Supreme Court decision
upon the acts of Congress regulating
|. this general topic, and has founde
i the instructions upon those acts, n
h effected by such judgments, which d
4 not, however, concern Federal elct
4 tions. lie appends list of statutor
q provisions for the careful reading b
\ Marshals and their deputies, and re
; commends them to consult Distric
q Attorneys in cases of doubt. TIL
: President, he adds. has approve
!, these instructions.