George S. Andrews, Esq.,
United States Marshal, Boston,
Massachusetts.
[Inclosure.]
Mr. Hoar,
Attorney-General, to Mr. Barlow, United States marshal.
Washington, May 10,
1869.
[746] *Sir:
Your letter of the 6th instant and your letter of the 8th
instant, both addressed to the Secretary of State, relating to
the neutrality laws of the United States, and your duties as
marshal in reference thereto, have been sent to this office.
[Page 730]
The first seven sections of chap. 88 of the acts of Congress of
1818, (3 Statutes at Large, 447,) provide for the punishment of
persons and the forfeiture of property, which are of course to
be effected by the judgment of a court, in a suit commenced by
indictment or libel of information.
Such suits will, in proper cases, be instituted by the district
attorney, and you, as marshal, will arrest the person or
property, pursuant to the warrant addressed to you from the
court. Sections 8 and 9 of this act empower the President, or
such other person as he shall have empowered for that purpose,
to employ the land or naval forces, or the militia, for certain
purposes named in these sections. Sections 11 and 12 impose in
the cases named therein on owners or consignees of vessels
certain duties, and give an authority to collectors of customs
to detain vessels or to take a bond.
[747] Whether suits, either criminal or
for forfeiture, are to be instituted, must, so far as the local
officers are concerned, be determined by the district* attorney,
upon such evidence as maybe known to him; and you have the
well-known right of marshals to call upon the posse comitatus to aid you if you are obstructed in
the service of process. So far as sections 8 and 9 confer a
larger power than this upon the person empowered by the
President, pursuant to these sections such persons must be
specially empowered for that purpose; and you do not have this
power by virtue of your office as marshal.
It is plain that to efficiently prevent any violations of this
act, or to surely punish them if committed, the cordial and
active co-operation of the district attorney, marshal, and
collector of the port is requisite. Any information that you may
obtain in any manner which you deem worthy of any notice should
be immediately communicated by you to the district attorney, and
also, if relating to a vessel, to the collector of the port. It
is not deemed best at present to authorize or require you to
employ detectives for the special purpose of discovering
violations of the provisions of this act, but you and your
deputies are expected to receive all information that may be
offered, and to be attentive to all matters of suspicion that
come within your knowledge, and in cases where your action is
required, to be vigilant, *prompt, and efficient. I will thank
you to communicate to me from time to time any information that
you deem trustworthy and important. [748]
The local officers are in no event to wait for instructions
before acting in cases where they are convinced that a violation
of this act has been committed, and where delay may prevent its
punishment, but are to act at once upon their best judgment, and
immediately to report such action to this office. Communications
from you, unless called for by other Departments, or unless, the
subject-matter pertains particularly to such Department, should
be made to this office.
Very respectfully,
E. R. HOAR,
Attorney-General.
