1. united states marshals are the ministerial officers of the united states courts. their duties and responsibilities are very similar, and nearly identical with the duties and responsibilities of sheriffs in the courts of the several states. they are appointed by the president and senate, for a term of four years. they appoint their own deputies, and their compensation consists of fees instead of a salary; and depends entirely upon the amount of business they have to transact. there is a marshal in every judicial district in the united states, and there are fifty-nine of these districts in all. every state forms at least one district, while the larger states are divided into two or three.
2. a district court is held in every district; and it is the marshal’s duty to attend the sittings of these courts, and also those of the united states circuit courts, when they happen to sit in his district. the marshal for the district of columbia must also attend the sittings of the supreme court, and execute its precepts. we have said that they are the ministerial officers of the united states courts; for it is their duty to serve all writs and precepts emanating from them, whether of a civil or criminal character; and to execute the judgments and decrees of these tribunals; and for this purpose they are authorized by law, (if necessary,) to command such assistance as they may need in the execution of their duties. before they enter upon the duties of their office, they must be bound[441] to the united states for the faithful performance of them, and must solemnly swear to do them, without malice or partiality; and that they will take only lawful fees. they are also held answerable for the delivery to their successors of all prisoners who may be in their custody at the time of their removal, or at the expiration of their term of office.
3. they also have the custody of all vessels and goods seized by any officer of the revenue. it is their duty also to summon, and to pay jurors and witnesses in behalf of any prisoner to be tried for a capital offense, under the laws of the united states. in the remarks made under the head “census,” we stated that it was made the duty of the marshals to superintend and direct the enumeration of the people; and to collect such statistical facts as the law requires. this they do through deputies, whom they appoint for that special purpose.
the united states marshal is also required, on the first day of january and july of each year, to make a return of all the fees and emoluments of his office to the secretary of the interior; and if they amount to more than $6,000 per year, he must pay the surplus into the treasury of the united states.
