Mr. Hoar, Attorney-general, to Mr. Andrews, United States marshal.

[745] *Sir: I inclose for your information a portion of the translation of a note, sent by Mr. Evariste La Roche, chargé d’affaires of Hayti, to the Secretary of State, and by the Secretary of State to this office. I send inclosed, also, a copy of a letter dated May 10, sent by this office to the marshal of the United States for the, southern district of New York, which you will consider as general instructions in cases of any violation of the neutrality laws within your district. You are expected to receive any information that may be given you by the representatives of foreign governments, as well as by other persons, but you are not expected to engage in general correspondence with foreign representatives upon the subject of the neutrality laws, although it is deemed entirely proper that you should acknowledge the receipt of any communication that they may send you, and should answer any direct inquiry as to whether any specified person or vessel has been arrested and proceedings instituted for punishment or forfeiture.

Very respectfully, yours, &c.,

E. R. HOAR,
Attorney-General.

George S. Andrews, Esq.,
United States Marshal, Boston, Massachusetts.

[Inclosure.]

Mr. Hoar, Attorney-General, to Mr. Barlow, United States marshal.

[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.

Francis C. Barlow, Esq.