deputies, in the several states, have by law in exe- CHAP. 10. cuting the laws of the respective States. instruc treasury, to him. The act of May 15, 1820,1 makes it "the duty of To receive such officer of the treasury department, as the presi- tions from dent of the United States shall, from time to time, tor of the designate for that purpose, as the agent of the trea- and report sury, to direct and superintend all orders, suits or proceedings, in law or equity, for the recovery of money, chattels, lands, tenements, or hereditaments, in the name and for the use of the United States." And by the 8th section of this act, it is made "the duty of the marshals of the several judicial districts of the United States, within thirty days before the commencement of the several terms of the said courts (circuit and district courts), to make returns to the said agent of the proceedings which have taken place upon all writs of execution, or other process, which have been placed in his hands, for the collection of the money which has been adjudged and decreed to the United States, in the said courts respectively. 2 The act passed ten years later directed the appointment of an officer to be known as Solicitor of the Treasury, to whom it transferred all the powers and duties of the agent of the treasury; and it empowers the solicitor of the treasury "to instruct the district attorney, marshals and clerks of the circuit and district courts of the United States, in all matters and proceedings, appertaining to suits in which the United States is a party, or interested, and cause them or either of them, to report to him from time to time, any information he may require in relation to the same." Whether the above recited provision of the act of 1820, requiring returns from the mar 1 1 Act of May 15, 1820, ch. 108: 3 Stat. at Large, p. 592. 2 Act of May 29, 1830, ch. 153: 4 Stat. at Large, p. 414. And the attorneygeneral. PART 1. shals thirty days before each ensuing term, is still in force, is, to say the least, very doubtful. But it may, in virtue of the power conferred on the solicitor by the act of 1830, if he shall see fit, be reinstated and enforced by instructions from him. And now, by a subsequent act, the attorney-general is "charged with the general superintendence and direction of the attorneys and marshals of all the districts in the United States and territories as to the manner of discharging their respective duties; and the said district attorneys and marshals are hereby required to report to the attorneygeneral an account of their official proceedings, and the state and condition of their respective offices, in such time and manner as the attorney-general may direct." This act does not, in terms, repeal the above mentioned provisions of the prior acts, and though its language admits of an interpretation broad enough to cover the entire ground embraced by them, it probably was not designed to supersede them. The duty it enjoins on the attorney-general is limited to a general supervision and direction, as to all the duties of the marshal, and in both these respects it differs from the older act. It was passed soon after the breaking out of the rebellion, and congress may well be supposed to have had in view, mainly, if not exclusively, the new and important interests growing out of the rebellion and requiring judicial cognizance, and, consequently, the agency of the district attorneys and marshals; and its design may reasonably be supposed to have been to guard against errors on their part in point of law. They are to make such reports as the attorney-general may require, and follow such directions as he may see fit to give; and it was probably taken for granted that he would be careful not to interfere, unnecessarily, 1 Act of August 2, 1861, ch. 37: 12 Stat. at Large, 285. with the more special and limited range of duty pre- CHAP. 10. scribed by the former acts. marshal in cases of The act of July 17, 1862, for the better govern- Duties of ment of the navy, prescribes the duties of marshals relative to prizes captured in war. They are required to furnish to the navy department, on request, or to its agent, a full and particular statement of the disposition of every prize vessel and cargo within their respective districts, in such form, and as often as the secretary of the navy shall require; and also a full and particular statement of all fees, charges and allowances of every description, claimed by them in each case of prize, before the same are allowed by the court, and no charges for disbursements of any kind are allowable unless accompanied by the affidavit of the marshal, that the same have actually and necessarily been incurred in the case: and the district attorney is required to attend on the settlement of all such bills. Upon a final decree of condemnation, or an interlocutory order of sale, the marshal is required to sell the property "pursuant to the practice and proceedings in admiralty," and forthwith to deposit the gross proceeds of the sale with the assistant treasurer of the United States at, or nearest to, the place of sale; and the money so deposited is to remain in the treasury of the United States until a final decree of distribution, or of restitution, shall be made, and a certified copy thereof furnished, when the costs of court, and the lawful charges and expenses shall be paid, and the balance distributed according to the decree. The compensation of the marshal is not, by this, or any other prize act, to be increased so as to exceed, in the aggregate, six thousand dollars a year.1 1 1 Ch. 204, § 12: 12 Stat. at Large, p. 608. This is one of the numerous acts to which the rebellion has given birth. But the act is perma PART1. Salaries. His duties. To the several marshals of a considerable number of districts, a salary of two hundred dollars per annum was given by acts passed from time to time before the passage of this act, in addition to the fees allowed for specific services. But inasmuch as the act expressly declares that the compensation given by it "and no other compensation" shall in future be allowed, it would seem to follow that these salaries were abrogated. This act, itself, however, gives to the marshal of South Carolina a salary of two hundred dollars, and the prohibitory clause above quoted may, possibly, by construction, be limited to specific services. The marshal is entitled to the summary process of attachment to enforce the payment of his fees of office, upon demand and non-payment, against suitors in court, and also against the attorney, &c., where, by the lex loci, the latter is responsible for such fees. Anonymous, 2 Gall., 101. See, also, Caldwell v. Jackson, 7 Cranch, 276.1 6. District Attorney. By the judicial act of September 24, 1789, it is enacted that "there shall be appointed in each district a meet person, learned in the law, to act as attorney for the United States in such district, who shall be sworn or affirmed to the execution of his office, whose duty it shall be to prosecute, in such district, all delinquents, for crimes and offenses cognent. The recital of its provisions, even to the limited extent given in the text, is not strictly compatible with the plan of this work, but it is hoped will be acceptable to the reader for the sake of the numerous and meritorious class of men whose rights they are designed to protect. 1 For several years past, annual appropriations have been made by congress, and placed at the disposal of the president, for the allowance of additional compensation to marshals for extra services in efforts to suppress the slave trade. nizable under the authority of the United States, and CHAP. 10. all civil actions in which the United States shall be concerned, except before the supreme court in the district in which that court shall be holden."1 By the act of February 27, 1813, the foregoing provision is extended to the several territories of the United States.2 These officers are appointed by the president, by Appoint and with the advice and consent of the Senate. The term of their office is four years; but they are removable from office at pleasure.3 ment and tenure of office. the office of attorney tempora But in case of a vacancy in the office of district Vacancy in attorney in any circuit, the judge of such circuit district may fill such vacancy, and the person so appointed may be shall serve until an appointment shall be made by rily filled the president, and the appointee shall be duly quali- judge. fied, and no longer.* by circuit The scope and general nature of the duties of this officer are sufficiently indicated by his official designation, and the summary description of them contained in the original act above recited. But by subsequent legislation his duties have been more particularly defined, and, for the purpose, especially, of insuring promptitude, efficiency and fidelity on his part, many regulations have been prescribed for his guidance and direction in their performance. His correspondence with the government is conducted mainly through the solicitor of the treasury, whose office was created by the act of May 29, 1830,5 and To receive who, by that act, was invested with the powers tions from and charged with the duties of the agent of the treator of the 'Ch. 20, § 35: 1 Stat. at Large, p. 73. Ch. 35: 2 Stat. at Large, p. 806. Act of May 15, 1820, ch. 102, § 1: 3 Stat. at Large, p. 582. 4 Act of March 3, 1863, ch. 93: 12 Stat. at Large, p. 768. instruc-i the solici treasury, and report to him. Ch. 107: 3 Stat. at Large, p. 592. |