Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-09-05
Radical Attempt to Carry Doubtful
Southern Mates.

y
by the Attorney General Of the Uuted States
to narshals, for the purpose of securing the
electoral vote of some of the doubtful Southern
States for Hayes and Wheeler:
Sir:-The laws of the Urited States having
made it my duty to exercise general direction
over the marshalS as TO the manner Of discharg-
ing their Offices, | have prepared for their use
this circular letter OF Instructions as TO The com
Jog eeo'ious, intending the same also as reply
once tor all to the numerous APPLICATIONS ia like
connection from private citizens 10 various
States Iu the present condition of legislation,
the United States occupy a position toward vo'
ters and voting which varies according as the
election is for State and other local officers only,
or for members OF Congress and Presidential
electors. ln elections at which members OF
the House Of Representatives arc chosen, which
by law include also elections al which the cleo
tors for President aud Vice President are ap-
poiotcd the Uuied States secure voters against
whatever in general h!nderS or prevents them
from free ,xercisa OF he elective franchise,
extending that care alike to the registration
lists, the act of voting, the personal freedom
and security OF the voler; as we'll against vio-
lence on account of any vote be may intend to
give, as against conspiracy because of any he
may already have given. The peace OF the
United States, therefore, watch you are to pre-.
serve, and whose violation you are to Suppress
protects (amoug others) the rights specified 10
| the last paragraph, and any person WHO ~ force
violates thls rs hts. rGSIsis hat peace aud rem
! drrs it Your duty 10 arrest hu aud suppress
| any riots incident thereto, aud that threaten
the integrity OF legislation 0r election To the end
that the will of the peopls 10 such election may
be ascertained and take feet, aud that Utftn.
ders may be brought before the courts Tor pun
| ishmcnt Notorious events IN several States
which recently aud n an uDusua! manner have
been publicly reprobated render 1t grave duty
IF all marshalS who have cause to apprehend
violation Of the peace oil the United States, con-
nected as above viii. the elections to be held
upon the Tuesday alter the first Monday 10 No
vember ncxt, to be prepared to preserve and 10
restore such peace. As the Chief executive
officer OF the Uuiled States 10 your district you
will be held sponsible for all 5r.achcs OF The
peace Of the United States, which diligence on
your par might Lave prevented, aud Ut arrest
aud securing OF all persons vino violate that
peace 10 any of tie pvluts above enumerated.
| Diligence 10 these matters requires OF course
that you be and continue present IN person or
by deputy at all PLACES OF registration ur elec
ton at which you have reason TO sHSpcc! the
peace is threatened, aod that whenever an em
bodimeut OF possa comltatu5 is required to en-
force the law such embodiment b. tfrcied.
You will observe thst the "sp;cal' deg uties
mentioned 10 sectlop 2U2l at the revised statutes
have peculiar duties assigned to lheu, duties
vi ich otherw s. d, not belong to deputy mar
shas. Such special drnntes can be APP
lointed ouly in cities Of ~, QUO inhabitants aud
upward. But the 'iut!Cs assigned 10 marshals
aud .her deputies by sectiou 2O22 IT other like
statutes bcoDg to all duly appointed dypuilcS,
whether they be general or be special, With
in the meaning OF that auG he preceding Sec
ton Deputies, 10 discharge :hl> latter ci:s II
duties, may be appointed t. aty uumbog what
ever according to tue discretion OF tbs mars;al
in all States 10 whlc tie shellts have Il similar
power. Sccinp 2u3O has no placllc. b airing
upon this point in States where DC limi' Is I'M
! posed 90 the appolntuc-t OF deputies by the
shcliffs, because in SUCH States tic laws ottae
U1ited States prior to the 10th Of June, 1872,
left marshals also Unlimited power Us to The
number OF heir deputies. lu discharging the
duties above merloned you will DOUBTLESS re-
ceivo the coun'"naGc! aud support Of all good
citizens of the Urited States ID your respective
districts. Ii Is not necessary tn say that 1t ID
upon such countenance aud support that the
United States mainly rely IL their endeavor to
enforce the right TO vote which they have given
or have secured. The present los: ructions are
interdcd only 70 countcract that partial IL alice,
wrong hesdeduesa or iDcuns.d ration which
sometimes triumph5 at critical moments over
conservative aud 10 general preyalilog forces OF
society. and to which the pr.seoi and passing
condition of the couutry gives Hore han ordl-
nary strength, aud thtrrInre qnlres the gov
ernment particularly IL observe and provide
against. In this conuectluu | advise that you.
and each ofyour deputies, geucraI aud Special,
have right t. >unmon 10 your assistance 10
preventing aud qucl;iDg disorder every person
in the dlsrlc; above ID years # age. what
ever may BE- their occupation, whether c!Vlans
or not, and including the military OF dcnonira
tons militia, soldiers and mariucs, al oi whom
are alike bound to obey you. The fact that
they are organic y military bodies. WHITTIER
of the State or the United States, untl, r mnie-
dia:e command of their own utt:.rs, does not
10 any wise fleet their legal character. They
are slll the posse comilatus. prefer 10 quote
the above statement Of the laws upon this point
from an opinion BY my predecessor, TX Attorney
General Gushing, because it thus appears, to
have been settled for many years; Opolous,
1855, May 81. 1854.
| need hardly add that there c,n be 90 Stae
law or State ofical in this country he has ju
| TlSulCllUu W UPPoSe you III ui3oualSios yJui
official duties under the laws ct the United
States If such interference shall take place, a
thing not anticipated, you arc 10 disregard it
entirely. The laws Of the United States are
supreme and $, consequently Is the action of
officials of The United States is enf'rciug them.
There is virtually, you have already been told,
no officer of a 5 at" whom YOU may not by SUD.
mons cause to enter 10 to your posse and State
posse already emb died by sheriff will by such
sheriff be obliged on your SUMMONS to becoma
part Of a Uoited States pose ani obey you or
your deputy acting virtute o4fcit The resron-
sitiIity devolVlng upou au officer clo;hed with
such powers and required to guard the highesi
right ofcItzeos corr espoodsln degree with hose
powers aud rights, and exac!s of such otieer
consideration, intelligence aud courage. l. is
proper TO advise you that 10 preparing this cir
cuIar have considered recent important ju1g
ments given by the Supreme Court Of the
United States upon The acts OF Congress which