George
Washington Appoints First Marshals - 1789
The
offices of U.S. Marshal and Deputy Marshals were created more than 200
years ago by the first Congress in the Judiciary Act of 1789, the same
legislation that established the federal judicial system. The Marshals
were given extensive authority to support the federal courts within their
judicial districts and to carry out all lawful orders issued by judges,
Congress, or the President.
The
Marshals and their Deputies served the subpoenas, summonses, writs, warrants,
and other process issued by the courts, made all the arrests, and handled
all the prisoners. They also disbursed the money.
The
Marshals paid the fees and expenses of the court clerks, U.S. Attorneys,
jurors, and witnesses. They rented the courtrooms and jail space and hired
the bailiffs, criers, and janitors. They made sure the prisoners were
present, the jurors were available, and the witnesses were on time.
But
this was only a part of what the Marshals did. When George Washington
set up his first administration and the first Congress began passing laws,
both quickly discovered an inconvenient gap in the constitutional design
of the government. It had no provision for a regional administrative structure
stretching throughout the country. Both the Congress and the executive
branch were housed at the national capitol. No agency was established
or designated to represent the federal government's interests at the local
level. The need for a regional organization quickly became apparent. Congress
and the President solved part of the problem by creating specialized agencies,
such as customs and revenue collectors, to levy the tariffs and taxes.
Yet, there were numerous other jobs that needed to be done. The only officers
available to do them were the Marshals and their Deputies.
Thus,
the Marshals also provided local representation for the federal government
within their districts. They took the national census every 10 years through
1870. They distributed Presidential proclamations, collected a variety
of statistical information on commerce and manufacturing, supplied the
names of government employees for the national register, and performed
other routine tasks needed for the central government to function effectively.
Over the past 200 years, Congress and the President also have called on
the Marshals to carry out unusual or extraordinary missions, such as registering
enemy aliens in time of war, capturing fugitive slaves, sealing the American
border against armed expeditions from foreign countries, and swapping
spies with the former Soviet Union.
The
Modern Marshals Service -
Changing with the Times
Just
as America has changed over the past two centuries, so has its federal
justice system-from the original 13 judicial districts to 94 districts
spanning the continent and beyond, and with tens of thousands of federal
judges, prosecutors, jurors, witnesses, and defendants involved in the
judicial process. So, too, the Marshals Service has changed dramatically!
Not in its underlying responsibility to enforce the law and execute the
orders issued by the court, but in the breadth of its functions, the professionalism
of its personnel, and the sophistication of the technologies employed.
These changes are made apparent by an examination of the contemporary
duties of the modern Marshals Service.
Books
about the United States Marshals Service:
The
Lawmen : United States Marshals and Their Deputies 1789-1989
Author: Fredrick S. Calhoun
Publisher: Smithsonian Press -1989
The Lawmen : United States Marshals and Their Deputies 1789-1989 (paperback)
Author: Fredrick S. Calhoun
Publisher: Penquin Press-1992
Too Tough To Die
Author: Robbert Sabbag
Publisher: Simon & Schuster - 1992
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