U.S. Marshals Service

The U.S. Marshals Service was established through the Judiciary Act of 1789, which was signed into law by President George Washington. The same act established the federal judicial system. The first duties of the Marshals Service were to support the federal courts within their districts and to carry out the orders issued by the president, Congress, or federal judges. These duties remain in effect today. Originally, as part of their activities U.S. Marshals were expected to serve writs, summonses, subpoenas, and warrants as well as handle prisoners. Additionally, they controlled payments for salaries, fees, and expenses for the judiciary and associated trials as well as ensured the security of prisoners, the appearance of witnesses, and the availability of a jury pool. The Marshals Service was also involved with a variety of local-level activities on the behalf of the federal government when no provisions had been made on a local level for the collection of taxes or the enforcement of the law. The members of the Marshals Service in these early days were truly civil servants.

As the nation grew, so too did the duties of the Marshals Service. At the same time the influence of the service lessened in the East as cities developed and local law enforcement agencies were put into place, the western frontier was expanding. Without formal governance, the new territories lacked effective and efficient means of law enforcement. Without law enforcement, settlers were not likely to inhabit these territories. Therefore, as the United States expanded westward, it was the U.S. Marshals Service and its deputies that made settlement possible. Later, when the U.S. Army began to build forts in the new territories, the Marshals Service continued to move further west, aiding both the Army and the settlers.

The classic conception that most Americans have of a marshal and his deputies in the “Wild West” is relatively accurate. The marshals had the final word on the execution of the law in all territories of the [Page 989]United States. They had jurisdiction over the judicial districts they served as well as such areas as “Indian country,” where there were no other federal officials of any kind.