Mr. Hoar, Attorney-General, to Mr. Barlow, United States marshal.
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.
The first seven sections of chap. 88 of the acts of Congress of 1818, (3 Stat, at Large, 447,) provide for the punishment of persons and the [Page 780] 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.
[45] 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 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. 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 may be 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.
[46] 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. 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,
Attorney-General.
Francis C. Barlow, Esq.