House Documents, Otherwise Publ. as Executive Documents

dition of the country gives more than ordinary strength, and therefore requires the Government particularly to observe and provide against. In this connection I advise that you and each of your deputies, gen. eral and "special," have a right to summon to your assistance, in preventing and quelling disorder, "every person in the district above fifteen years of age, whatever may be their 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,) under the immediate command of their own officers, does not in any wise affect their legal character. They are still the posse comi tatus." I prefer to quote the above statement of the law upon this point from an opinion by my predecessor, Attorney-General Cushing. because it thus appears to have been well settled for many years. (6 Opinions, 466, May 27, 1854.)

I need hardly add that there can be no State law or State official in this country who has jurisdiction to oppose you in discharging your official duties under the laws of the United States. If such interference shall take place-a thing not anticipated-you are to disregard it entirely. The laws of the United States are supreme, and so, consequently, is the action of officials of the United States in enforcing them. There is, as virtually you have already been told, no officer of a State whom you may not by summons embody into your own posse; and any State posse already embodied by a sheriff will, with such sheriff, be obliged, upon your summons, to become part of a United States posse, and obey you or your deputy acting virtute officii.

The responsibility which devolves upon an officer clothed with such powers, and required to guard the highest right of citizens, corresponds in degree with those powers and rights, and exacts of such officer consideration, intelligence, and courage.

It is proper to advise you that in preparing this circular I have considered recent important judgments given by the Supreme Court of the United States upon the acts of Congress which regulate this general topic.

I have founded the above instructions upon those acts as affected by such judgments, and I need in this place add no more than that these judgments do not concern elections for Federal offices.

You will find appended, in full or by reference, such statutory pro visions as it seems important that you and your deputies shall in this connection read and consider.

In matters of doubt you are, of course, entitled to the advice of the United States attorneys for your district.

These instructions have been submitted to the President, and have his approval.

Very respectfully, your obedient servant,

Attorney-General.

SEC. 2004. All citizens of the United States who are otherwise quali fied by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school-district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwith standing.

SEC. 2021. Whenever an election at which Repres ntatives or Dele gates in Congress are to be chosen is held in any city or town of twenty thousand inhabitants or upward, the marshal for the district in which the city or town is situated shall, on the application, in writing, of at least two citizens residing in such city or town, appoint special deputy marshals, whose duty it shall be, when required thereto, to aid and assist the supervisors of election in the verification of any list of persons who may have registered or voted; to attend in each election-district or voting precinct at the times and places fixed for the registration of voters, and at all times and places when and where the registration may by law be scrutinized, and the names of registered voters be marked for challenge; and also to attend, at all times for holding elections, the polls in such district or precinct.

SEC. 2022. The marshal and his general deputies, and such special deputies, shall keep the peace, and support and protect the supervisors of election in the discharge of their duties, preserve order at such places of registration and at such polls, prevent fraudulent registration and fraudulent voting thereat, or fraudulent conduct on the part of any officer of election, and immediately, either at the place of registration or polling place, or elsewhere, and either before or after registering or vot ing, to arrest and take into custody, with or without process, any person who commits, or attempts or offers to commit, any of the acts or of fenses probibited herein, or who commits any offense against the laws of the United States; but no person shall be arrested without process for any offense not committed in the presence of the marshal or his general or special deputies, or either of them, or of the supervisors of elec tion, or either of them, and, for the purposes of arrest or the preservation of the peace, the supervisors of election shall, in the absence of the marshal's deputies, or, if required to assist such deputies, have the same duties and powers as deputy marshals; nor shall any person, on the day of such election, be arrested without process for any offense committed on the day of registration. [See §§ 5521, 5522.]

SEC. 2023. Whenever any arrest is made under any provision of this title, the person so arrested shall forthwith be brought before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.

SEC. 2024. The marshal, or his general deputies, or such special deputies as are thereto specially empowered by him, in writing, and under his hand and seal, whenever he or either or any of them is forcibly resisted in executing their duties under this title, or shall, by violence, threats, or menaces, be prevented from executing such duties, or from arresting any person who has committed any offense for which the marshal or his general or his special deputies are authorized to make such arrest, are, and each of them is, empowered to summon and call to his aid the by-standers or posse comitatus of his district.

SEC. 5505. Every person who, by any unlawful means, hinders, delays, prevents, or obstructs, or combines and confederates with others to hinder,delay, prevent, or obstruct any citizen from doing any act required to be done to qualify him to vote, or from voting at any election in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be fined not less than five hundred dollars, or be imprisoned not less than one month nor more than one year, or be punished by both such fine and imprisonment. See §§ 2004-2010.]

SEC. 5507. Every person who prevents, hinders, controls, or intimi. dates another from exercising, or in exercising the right of suffrage to whom that right is guaranteed by the fifteenth amendment to the Constitution of the United States, by means of bribery or threats of depriv ing such person of employment or occupation, or of ejecting such person from a rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, shall be punished as provided in the preceding section.

SEC. 5508. If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway, or ou the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall be fined not more than five thousand dollars and imprisoned not more than ten years; and shall, moreover, be thereafter ineligible to any office, or place of honor, profit, or trust created by the Constitution or laws of the United States. [See § 5407.]

The attention of the marshal and his deputies is also called to the other sections of Title XXVI of the Revised Statutes, beginning on page 353, and to Chapter VII of Title LXX, beginning on page 1073.

Section 5522 of the Revised Statutes of the United States was also printed in extenso in the circular-letter which was transmitted to the United States marshals.

EXHIBIT N.

Esq.,

DEPARTMENT OF JUSTICE,

Washington, September 18, 1876.

United States Attorney for the District of

SIR: On the 14th instant I transmitted for your information a circular recently forwarded to the marshal of your district.

You will regard it as in some degree addressed to yourself, and as calling attention to your own correlative official duties in regard to its subject-matter.

You will be expected heartily to co-operate in its purpose of preventing the application of illegal force to persons in their character of voters in elections for Federal officers. Such force is alike to be suppressed whether those who practice it are private citizens or assume to be authorized by official power, be it State or national.

Enough has been said in the circular referred to as to such force in general, and in the same connection you will be especially careful that the marshal and his deputies are well informed of what is required by their duty as well to the public as to the party arrested, both in making arrest, whether with or without process, and in dealing with such party after arrest.

Very respectfully,

EXHIBIT D.

Attorney-General.

Detailed statement of the appropriation for contingent expenses.

There was expended during the fiscal year ending June 30, 1876:

For furniture and repairs.....

For care and subsistence of horses

For repairs to carriages and harness..

$1, 1910981 75 395 79

For law and miscellaneous books for the library of the Department..

For law and miscellaneous books for the office of the Solicitor of the Treasury.

For stationery

$2,999 77 500 00 2,242 62 39 75

75 85

230 86

650 00

1,206 00

1,266 42

For telegraphing..

1,705 88

For miscellaneous expenses, such as fuel, lights, traveling, &c....

1, 623 26

15, 112 03

Statement showing items, amounts, and causes of expenditures of appropriation for contingent expenses Department of Justice, for the fiscal year ending June 30, 1876. 1875.