United States. Marshal (New Mexico)

In 1851, when New Mexico became a territory of the United States, the U.S. Marshals were established as the main form of government rule. The history of the U.S. Marshals in New Mexico and the Southwest in general is distinct, owing to several socio-cultural and geographic factors. Sparsely settled villages among barren deserts and mountains, peoples accustomed to Mexican justice which was based on Roman rather than English legal structures, and indigenous populations accustomed and receptive mainly to their own laws, posed difficult challenges for establishing a uniform body of law to be disseminated and followed by the peoples of New Mexico. The U.S. Marshals wrestled with these problems until about 1861, by which point, they managed to lay a foundation of federal law enforcement in the Southwest, albeit this was met with resistance from native populations who were unwilling to yield to American domination. From 1882-1896, New Mexico underwent considerable but troubled growth, evidenced by the construction of railroads, the influx of new settlers, an expansion of the economy, demands of Hispanos for more equitable treatment, the integration of Indian populations into the mainstream federal justice system, and renewed congressional interest in frontier reforms. These reforms included reducing liquor traffic among Indians, as well as acquiring inexpensive public lands for sale to soon to be citizens; the need to resolve the Spanish land grant issue; and adopting a middle class moral code, especially the practice of monogamy. The U.S. Marshals were entrusted with carrying out these reforms, which often led them into dangerous situations such as breaking up rings of illicit whiskey sellers and capturing murderers who were carrying out assassinations of sheriffs and other law enforcers. A war against lawlessness ensued in the late 1880s, which in due course, helped the marshals and the U.S. Government create faith in the judicial system, and establish New Mexico's U.S. Marshals as recognized and respected law enforcers. During the two world wars, the U.S. Marshals were viewed as the protectors of the home front against enemy aliens, spies, saboteurs, and slackers played an important part in the apprehension, internment, and overseeing of enemy aliens in camps at Santa Fe and Fort Stanton. While the establishment of the U.S. Marshals in New Mexico followed a distinct historical trajectory directed by the uniqueness of the Southwest, they eventually acclimated to their socio-cultural and geographic environment and helped bring the frontier into the American mainstream judicial system.

Badge, circa 1890's, from US Marshal's website

The United States Marshals Service was created by the first United States Congress through the Judiciary Act of 1789. As President George Washington set up his administration and the first Congress began passing laws, they discovered that there was a gap in the representation of the federal government’s interest at the local level. The United States Marshals Services was created to fill that gap and support the federal government’s interests throughout the different regions. The marshals served the government primarily by providing support to the federal courts by serving subpoenas, summonses, writs, warrants, making arrests, and overseeing the apprehension of and care for federal prisoners. The U.S. Marshals duties have traditionally included protecting federal judicial officials (judges, attorney, and jurors); apprehending federal fugitives; ensuring the safety of witnesses; managing and disposing of seized and forfeited properties acquired by criminals through illegal activities; registering and transporting enemy aliens in times of war; and protecting the American border. The responsibilities of the U.S. Marshals have always been diverse, for they served both as law enforcers and as administrators. Presidents rely on the U.S. Marshals to intervene and maintain civil order, and to serve as the strong arm of the federal courts. When domestic conflicts are beyond U.S. Marshals control, the President will call in the army as a last resort to establishing civil obedience. Thus, among their many other duties, U.S. Marshals serve as the barrier between civilian government and military rule.

Throughout their history, the U.S. Marshals possessed relative independence in performing their duties, having no headquarters or central administration to supervise their work until 1956 when the Executive Office of the U.S. Marshal was created. Until that time, the U.S. Marshals answered to the U.S. Attorney General and the corresponding offices of the Department of Justice and the Department of Treasury.

United States Marshal in New Mexico: In 1851, when New Mexico became a territory of the United States, the U.S. Marshals were established as the main form of government rule. The history of the U.S. Marshals in New Mexico and the southwest in general is distinct, owing to several socio-cultural and geographic factors. Sparsely settled villages among barren deserts and mountains, peoples accustomed to Mexican justice which was based on Roman rather than English legal structures, and indigenous populations accustomed and receptive mainly to their own laws, posed difficult challenges for establishing a uniform body of law to be disseminated and followed by the peoples of New Mexico. The U.S. Marshals wrestled with these problems until about 1861, by which point, they managed to lay a foundation of federal law enforcement in the Southwest, albeit this was met with resistance from native populations who were unwilling to yield to American domination. Marshals also dealt with conflict between Anglos and Hispanos. The elite Hispanos were offended by the manner in which the government was being established in Santa Fe, as appointed civil servants were Anglos who viewed Hispanos as "depraved," and "lawless" desperadoes, or "demented and besotted brutes." The judicial system in the frontier was one of the weakest links of frontier government, as the President appointed territorial justices who did not serve their districts faithfully and who served without regard for the desires of the residents. To offset this problem, the New Mexico legislature conferred upon probate judges, jurisdiction normally reserved for federal courts. The U.S. Marshals helped the courts by opening each session of federal court, and ensuring their smooth operation. The marshals were responsible for renting courtrooms and contracting with local sheriffs for jail space. Eventually, a federal prison was constructed in New Mexico, but collaboration with local sheriffs continued to be important.

From 1882-1896, New Mexico underwent considerable but troubled growth, evidenced by the construction of railroads, the influx of new settlers, an expansion of the economy, demands of Hispanos for more equitable treatment, the integration of Indian populations into the mainstream federal justice system, and renewed congressional interest in frontier reforms. Owing to these changes, the many duties of the marshals of New Mexico in the 1880s and 1890s were instituted to be on par with reform minded congressional policy, the main purpose of which was to prepare the "lowly territorials" for statehood. These reforms included reducing liquor traffic among Indians, as well as acquiring inexpensive public lands for sale to soon to be citizens; the need to resolve the Spanish land grant issue; and adopting a middle class moral code, especially the practice of monogamy. The U.S. Marshals were entrusted with carrying out these reforms, which often led them into dangerous situations such as breaking up rings of illicit whiskey sellers and capturing murderers who were carrying out assassinations of sheriffs and other law enforcers. A war against lawlessness ensued in the late 1880s, which in due course, helped the marshals and the U.S. Government create faith in the judicial system, and establish New Mexico's U.S. Marshals as recognized and respected law enforcers. Subsequently, the Marshals saw an increase in business, leading to increased salaries for clerks, the marshal, and his deputies, and also led to changes in requirements of skills for deputy marshals. This also led to increased instances of nepotism. By 1912, the U.S. Marshals office was recognized and accepted as a law enforcing body in New Mexico, though it was not without its problems. Abuse of power exposed the office to ridicule. However, for the most part, New Mexico deputy marshals "worked so diligently that the backlog of court business hanging for years disappeared from the dockets." Under U.S. Marshal Creighton M. Foraker, the "New Mexico marshalcy reflected efficiency and the beginnings of a merit system." Starting with Foraker, deputy marshals were full time employees in New Mexico, allowing for them give their full attention to carrying out the orders of the federal government. A comradeship was also established between the marshalcy and county offices, further contributing to a more or less smooth operation of federal business. Moreover, citizens in remote districts began pleading for the help of deputy marshals, though in most instances their requests were denied because they fell outside of the marshals’ jurisdiction.

During the two world wars, the U.S. Marshals were viewed as the protectors of the home front against enemy aliens, spies, saboteurs, and slackers. Concurrently, they were entrusted to uphold other laws, such as prohibition laws, along with duties they normally performed. This was no different for the marshals in New Mexico, who played an important part in the apprehension, internment, and overseeing of enemy aliens in camps at Santa Fe and Fort Stanton. While the establishment of the U.S. Marshals in New Mexico followed a distinct historical trajectory directed by the uniqueness of the Southwest, they eventually acclimated to their socio-cultural and geographic environment and helped bring the frontier into the American mainstream judicial system.

Sources: United States Marshals of New Mexico and Arizona Territories, 1846-1912 by Larry D. Ball 1978, University of New Mexico Press. US Marshal's website