The daily gazette., 1879-04-09

srun emptyIngs" in his recent ut.erancss
about tie iaws Of the land which concern
arrests and concern the execution of civil
process. He seriously advanced on FRI
day the extraordinary proposition that
because the United States had provided
for the transp )rtation of their mails
through the streets Of New York or Col
umbus therefore the United States could
"keep the peacs" along the line Of every
street in every city through which the
mails may be carried. Is General Ga
field mad ? II he aud the stalwarts in
Congress, in the Cabinet Of President
Hayes and throughout the country will
not heed the World and the Democrats
in Congress in these legal mattrrs, possi-
bly, one and all OF them may listen to the
present Secretary of State, who in 1868
was Attorney General. " hat Mr.. Evarts
wrote then, be it borne in mind, was
written before the enactment of the
"Knott amendment" which relates to
posse, but Mr.. Evar,s tells Mr.. garfield
distinctly whose duty it is to preserve
"the peace at the polls" in this luminous
opinion
"ArToRHEx-GENERAL OFErcE,
"August ~, 1868.
"Sir: Your letter Of the 18th instant
reached me yesterday, md has received
an attentive consideration. Colonel
Sprague's information to you must have
been based upon his own construction of
General Meade's order lately issued, and
not upon any special instruction.. from
the President to Colonel Sprague through
General NJ eade or fherwlse, a. no such
special instructions have been issued by
the President. You add: under some
circumstances / should be glad to have
the aid of the military, and, if practica-
Bile, would be pleased to have instruc-
tons given to the military to aid me
when necessary. l ask this as Colonel
Spraguc informs me under his instruc-
tiOns he cannot do so.'
"This desire and request for the aid of
military under certain circumstances j
understand to refer to the occasional me-
cesity which may arise that the marshal
should have the meaus of obtaining the
aid and assistance of more considerable
force than the regular deputies supply
for execution Of legal process in his DIS
trict.
"The twenty-seventh So ction of the Ju-
dietary act of 1889 establishe, the office Of
marshal and names among his duties and
powers the following: And TO execute,
throughout the district all lawful precepfs
directed to him and issued under the au-
IhoriIy of the United States, and he shall
have power to command all necessary as
sistance in the execution Of his duty, and
| TO appoint as there may be occasion one
or mo-e deputies Il, par. 49,
The petition declares that the District
court hal al has no jurisdiction of the
matters charged against Judge Coles in
| the Indictment and they constitute no
| otfense punishable in the said District
| court and that the findings of the indict-
ment and consequent arrest and impris-
| onment of the said j. ID. Coles are un-
warrante,. by the constitution of the
| United States or by any law made in pur
suance thereof and are not only in VIOLA
| ton of the rights the prisoner but are
| in violation also of the sovereign rights
of the State of Virginia, whose judicial
officer he is aud to whom alone he can
| he held accountable for his acts or omis-
, siops M such officer. The petition closes
| WIII IUt uttldIdlibn tIft' ~ 10 Diol'i
and necessary that the said j. ID. Coles
be discharged from the illegal custody
in which he is now held for trial and left
| free to perform hisslutrs without inter
ference on tue part OF the District court
| of the United States or any one acting
under It's authority. The petition OF
Judge Coles sets forth the same facts
and prays that the record of the pro-
ceediug, of the District court be brought
by certiorari and writ OF habeas corpus
lissued to the marshal in order that he
and the reasons for his arrest and deten.
ton may BE- brought before tins court.
"You will observe from this that the
lonly measure of the assistance which you
have power to command is lts necessity
for the execution of your diYty, and upol
your discreet Judgment under your of
iicial responsibility the law reposes the
determination of what force each par
ticular necessity requires. This powe
of the marshal Is equivalent to. that Of
sheriff, and with either embraces, as
resort in necessity, the whsle power O
the precinct Country or districD owe
which the officers authority extends
In defining this power Attorney Genera
Cushing-and as | understand the sui
| ject correctly-says it comprises ever
person in the district or country abov
the age of fifteen years whether civilia
or not and including the military Of a
p denomi nations-milit soldiers, mari ne
!. all of whom are bound to obey til
commands of sheriff or marshal.
}. "While, however, the law gives yo
this power to command all necessary a
sistance,' and the military within you
district are rot exempt from obhgatlo
to obey in common with all the citizen
YOU summons III case of necessity, yo
,. will be particular to observe that thi
high and responsible authority is give
to the marshal only in aid of his duty
= execute throughout the district all lawfr
precepts directed to him and issued Ill
der the authority Of the United State
and only in case of necessity for this e1
traordinary aid. The military person
!. obeying this summons OF the marsha
with act in subordination and obedlenc
to the civil officer, the marshal, in who's
aid the execution of process they al
y called, and only to the effect OF securin
n its execution.
"The special duty and authorityin tn
execution TO process issued 10 You mu
not be confounded with the duty an
authority of suppressing disorder an
, preserving the peace, which under on
Government belongs to the civil autho
lties of the States AMI not to the civil al
thorities of the United States. Nor al
thus special duty and authority OF IL
marshal in executing process issued
him to be contounded with the auinorl'
. and duty of the President OF the Unite
y - l...f V.af