Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1876-09-23
THE OPINIONS OF TWO REPUBLICAN
ATTORNEY GENERALS CON-
TRASTED.

LII V11N1ON1 VI l VIZ AsAAA Ooh4SoN
ATTORNEY GENERALS CON-
TRAsTED.
Mr.. Evarts and Mr.. Taft have given
official opinions upon similar applica-
tions of the same legal principle.
The question at issue is the placing
OF federal troops under the direct con-
troll of United States marshals, to be used
by them at their discretion at the differ
ent polling districts, without regard TO
the state authorities.
Mr.. Evarts, attorney-general in 1868.
says: "The desire and request for the
aid of the military under certain circum-
stances I understand to refer to the oc-
casional necessity which may arse that
a marshal should have the means of OBJ
tanning the aid and attendance of
more considerable force than his regular
deputies supply for the execution of le
gal processes in his district. Til, twenty
seventh section of the judicial act of
1889 establishes the office Of a marshal,
and names among his duties and powers
the following: And to execute through
out the district all lawful precepts direc-
ted to him and issued under the author
ity of the United States, and he shall
have power to command all necessary
assistance in the execution of hk duty,
and to appoint, as there may be occa-
sion, one or more deputies. Gst p.S7).
And, alter quoting the law ,decisionsand
opinions, continues: "While, however,
the law gives you this power to con-
mand all necessary aid. and the military
| within your district are not exempt from
obligation to obey, in common with all
the citizens you summon in case OF ne
cessity, you will be particular to OBJ
serve that this high and responsible au-
thority is given to the marshal only. and
i'll aid of his duty, to execute throughout
the district all lawful precepts directed
| to him and issued under the authority of
the United States. and only in case of
| necessity for this extraordinary aid.
The military persons obeying this sum-
mons of the marshal will act in subordi-
nation and obedience to the civil officer,
the marshal in whose aid (the execution
| of process) they are called, and only to
the effect of securing its execution. The
special duty and authority IN the ea.
ecution Of process issued to you must
not be cOnfounded aDitA the duty and
authority Of suppressimg disorder aud
preserving the peace, Which under our
government belong to the cirH author
tiles of the states, and not to the ciril
authorities Of the United States.
Nor is this special duty of the marshal
in executing process issued to him to be
contounded in accordance with the au-
thority and duty of the president of the
United States in the specific cases OF the
constitution under the regulations of the
statutes to protect the states against do
mestic violence, or with his authority and
duty under special statutes to employ
military force in subduing combinations
in resistance to the laws of the Uni
ted States, for neither of these du-
ties or authorities is shared by the
subordinate officers of the government,
except when and as the same may be
specifically communicated to them by
the president. | have thus called your
attention to the general considerations
bearing upon the subject to which your
letter refers, for the purpose of securing
due observance of the limits OF your
duty and authority in connection there
with.
Nothing can be less IN accordance
the disposition Of oar people than a
frequent or a ready resort to military
aid IN execution of the duties cOnfded
to ciUI officers. Courage. vigor and
intrepidity are appropriate qualities for
the civil services which the marshals of
the United States are expected to per-
form, and a reaffirment of their power
by extraordinary means is permitted by
the law only in extraordinary emergen-
cies. If it shall be thought that any
occasion at any time exists for instruc-
ton to the military of the United States
within any of the states in connection
with the execution of process of the
courts of the United States, these in
structions will be in accordance with
the exigency then appearing. 1 am,
respectfully your ODD sv't.,
VIM. NJ. EvARTs, Att'y-Gen1.
Mr.. Evarts' opinion shows full
knowledge of constitutional law, and
the limitations of the authorities of
officers charged with special duties and
responsibilities. 1t is an opinion in
accord with the constitution, the decision
OF the supreme court, and the letter and
spirit of our fundamental and statutory
laws, and a just construction Of them
The views and authoritative opinion
of Mr.. Attorney-G General Taft, are in
extreme contrast on all points. In a
conversation on September Sd, 1876,
the date OF the PRONUNCIATION of his
opinion, he says, alluding to United
States marshals, district. attorneys, and
their respective deputies and assistants ::
! ''They have the power to make war, and
can call in the forces of the United
States" 1t is also announced that upon
the representations of Senator Spencer
of Alabama, and others, the attorney
general has directed the marshals Of the
southern district of Alabama "to look
into the manner in which elections have
been conducted there and ''that MANY
of the fallacies OF the day, as regards
state rights, will find no favor in his es-
timaton." His instructions provide for
the exercise by marshals or deputies,
not only Of the power to punish frauds
in registration or election, upon due
proof shown, but also for the full exer-
else OF their powers to prevent ''intimi-
dation" not only at elections, but at all
meetings relating to elections.
| Mr.. Taft says, in elections at which
members of the house Of representatives
are chosen, which by law include cleo
tons at which the electors for president
and vice-president are appointed, the
United States secure voters against
"whatecer IN ge"eral' hinders or pre-
vents them from free exercise of the
election franchise. extending the care
alike to the registration lists, the act of
voting, and the personal freedom and
security of the voter, as UeU against
uiolence on account Of any cote he
may intend to giUe, as against con-
spiracy because of any that he may al
ready have given.
The peace Of the United States there
fore, protects among others, the rights
specified in the last paragraph, and any
person who by force violates those rights
breaks that peace and renders it youl
duty to arrest him, and to suppress any
riots incident thereto, or that threaten
the integrity OF the registration or elec-
ton. Notorious events in several states
which recently and in an unusual manner
have been publicly reprobated, render
it grave duty of the marshals who