By Jeff Bumgarner
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Extra resources for Federal Agents: The Growth of Federal Law Enforcement in America
S. 4 The United States Congress attempted to craft laws that would assist the Marshals Service in performing its duty of preserving the Union by fighting Southern subversives. In 1861 and 1862, Congress passed two separate confiscation acts. The first confiscation act read in part:5 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if, during the present or any future insurrection against the Government of the United States, after the President of the Go West, Young Man 39 United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employé, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.
Thus, there was little need for federal law enforcement; the federal government had virtually no authority to create laws that would need to be enforced. After a half-decade of operating under this arrangement—an arrangement in which states routinely ignored the treaties negotiated by the federal government and in which federal officials could only hold their breath in hope of payment of salaries (because the federal 20 Federal Agents coffers were perpetually low)—the United States in 1789 adopted the present Constitution (without the amendments).
The gang left a trail of blood over several years of robbing banks, stagecoaches, and trains. S. S. Marshals had concurrent jurisdiction with the local authorities. S. Marshals had broad law enforcement authority. S. Deputy Marshals for the Western District of Arkansas may make arrests for murder, manslaughter, assault, with intent to kill or maim, attempts to murder, arson, robbery, rape, burglary, larceny, incest, adultery, willfully and maliciously placing obstructions on a railroad track…These arrests may be made with or without warrant first issued and in the hands of the Deputy or the Chief Marshal.