January, 2010

Issue #4

A Brief History of the U.S. Marshals Service
by Craig Jones

On September 24, 1789, just thirteen years after the Declaration of Independence, the United States Congress approved Senate Bill Number 1 known as the Judiciary Act. This act created a charter for the Federal Judicial System, and also specified what role the government would play in the district and circuit courts throughout the United States. As a result of this act, there became a need to fill newly created positions such as Federal Judges, District Attorneys, Court Clerks and U.S. Marshals and Deputy U.S. Marshals. Section 27 of the Judicial Act specified “that a Marshal shall be appointed in and for each district for a term of four years, but shall be removable from office with pleasure, whose duty it will be to attend the district and circuit courts when sitting therein, and also the Supreme Court in the district in which that court will sit and to execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and he shall have the power to command all necessary assistance in the execution of his duty, and to appoint as shall be occasion, one or more deputies.” It was George Washington who named the first 13 individuals, one for each of the 13 colonies, to fill the vacancies for the newly created Marshal and Deputy Marshal positions.

Prior to the creation of the new charter in 1789, the county Sheriff was the person responsible for serving warrants, making arrests and enforcing the law as set forth by the Royal Governors of the Colonies under the previous British Monarchy. In the beginning, the primary duties of a U.S. Marshal and Deputy U.S. Marshal were to serve subpoenas, summonses, writs and warrants. Other responsibilities included making arrests and guarding federal prisoners. The duties of present day Marshals include apprehending wanted fugitives, providing protection for the Federal Judiciary, transporting federal prisoners, protecting endangered federal witnesses and the handling of assets seized from criminal activities. During the period of 1790 to the beginning of the Civil War in 1861, U.S. Marshals were given the task of carrying out death sentences for the Federal Courts, conducting the Federal Census every 10 years, and breaking up counterfeit operations which were prevalent during this time period.

In 1850, Congress passed the Fugitive Slave Act which required that slaves captured in free states were to be returned to their owners in the slave states. The U.S. Marshals were called upon to deliver the captured slaves to their masters as part of their regular job duties. There are many documented cases where Northern abolitionists interfered on behalf of the fugitive slaves and caused the U.S. Marshals much grief. Slaves were many times rescued from the hands of the U.S. Marshals and whisked away to Canada where they had no jurisdiction. These incidents along with Northern hatred for the “peculiar institution” of slavery, helped to fuel the fire that started the Civil War. During this time, the term “posse” came to be a synonym with the U.S. Marshals. During the rounding up of fugitive slaves, the Marshals were given the power to enlist and deputize any able bodied man over the age of 18 to assist in enforcing the law.

Although U.S. Marshals are not commonly spoken of as participating in the Civil War, it is well documented that when Abraham Lincoln was elected, he was tipped off that an assassination attempt might be made on his life. A U.S. Marshal by the name of Ward Hill Lamon was appointed to accompany Lincoln on the train from Springfield, Illinois to Washington, D.C. and act as his personal bodyguard. This may have saved Lincoln’s life at that time. When South Carolina seceded from the Union, President Lincoln sent Marshal Lamon to meet with Governor Pickens to request that Major Robert Anderson be allowed to evacuate Fort Sumter unharmed. The Governor refused to honor the request and on April 12th, 1861, the Civil War began as Fort Sumter was bombarded by Confederate Forces and Major Anderson was forced to surrender. Marshal Lamon continued as Lincoln’s unofficial bodyguard for the duration of the war, but, at the request of Lincoln, was sent to Union occupied Richmond, Virginia on April 13th, one day before his assassination. The rest is history. Most people do not realize that Lincoln had a U.S. Marshal as his personal bodyguard, but, unfortunately, was not there to protect him at Ford’s Theatre on that fateful day.

From 1865 to 1900, U.S. Marshals spent much of their time apprehending outlaws in the wild West. On July 1, 1870, The U.S. Marshals Service was placed under the supervision of the Department of Justice. The U.S. Marshals and their Deputies were given the task of upholding the law and maintaining order in many of the newly created states, including Indian Territory (now the State of Oklahoma). Judge Isaac Parker was appointed Judge for the Federal District Court of the Western District of Arkansas- Fort Smith, in 1875 by President Ulysses S. Grant. Although Judge Parker sentenced 160 men to death by hanging, only 79 men were actually sent to the gallows. These men were rounded up and brought in by U.S. Marshals and their Deputies. One of the more famous people to be executed at Fort Smith was Cherokee Bill for a crime spree involving bank robbery and murder. A few of the Marshals who lost their lives under Judge Parkers jurisdiction were: Deputy Marshal Jim Guy and three possemen against the Pink-Lee Gang at Delaware Bend, Indian Territory; Deputy Marshal William Kelley and two possemen during a prisoner escape at Eufaula, Indian Territory; and Deputy Marshals Ham Hueston and Lafe Shadley against the Dalton-Doolin Gang in Ingalls, Indian Territory. Among the more famous U.S. Marshals of the Old West were the Earp Brothers- Virgil, Morgan and Wyatt, along with Doc Holliday who all participated in a gunfight at the OK Corral against the Clantons and the McLaurys in 1881.

During the first World War, U.S. Marshals helped protect the U.S. Citizens at home. In the 1920’s, U.S. Marshals were used to assist in breaking up of prohibition operations and bootleggers as a result of the 18th Amendment. When prohibition ended, U.S. Marshals were assigned to bailiff duties to the Courts. Several years passed until 1956 when the Executive Office of U.S. Marshals was created. During the 1960’s, U.S. Marshals are best remembered for helping to enforce Civil Rights for James Meredith, a black man enrolled at the University of Mississippi. The Marshals provided security for Meredith for a whole year until the protests were brought under control. They were also involved in numerous incidents in helping enforce the Civil Rights Act of 1964. The U.S. Marshals Service (USMS) was established to oversee District U.S. Marshals in 1969 and in 1970 the Organized Crime Control Act authorized U.S. Marshals to protect government witnesses and their families who testify against organized crime, terrorists and drug traffickers in Federal Court. Additional responsibilities include relocating and giving new identities to these individuals when necessary. By 1985, U.S. Marshals were managing seized assets and forfeited properties from law enforcement and U.S. Attorneys. They are wholly responsible for disposing of these properties. The Justice Prisoner and Alien Transportation System (JPATS) was created in 1996 and given to the U.S. Marshals to assist in managing illegal aliens and transporting them back to their respective countries. In more recent years, Operation FALCON (Federal And Local Cops Organized Nationally) was created in 2005 to assist local law enforcement in apprehending fugitives who have outstanding Federal warrants. This has been very successful and to date has helped apprehend over 55,000 fugitives and felons. The U.S. Marshals have provided safety and protection for U.S. Citizens for over 230 years and have made invaluable contributions to the American Judicial System. Their courage and sacrifices are not forgotten!

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