b'EARLY U.S. MARSHALS NOT HEROESBy Bill Roberts Reprinted from The TravelerE arly U.S. marshals were a far cry from the image portrayed through the years by Hollywood. They were mostly aged political cronies of Senators and Congressmen back east who were appointed to the post of a top federal lawman in Arizona Territory by Presidents as a political favor.By many in the territory, the U.S. marshals were considered carpetbaggers and mere political hacks, interested in protecting those of their own political party more than they were in upholding the law of the land. They were poorly paid, making some $200 per year at a time when the editor of The Miner in Prescott thought $2,500 annually would have been an equitable wage.Small wonder that these federal lawmen at times absconded with funds meant for payment of jurors and at other times found it impossible to enforce U.S. laws in the territory due to lack of funds.Native American MassacresU.S. Marshal Milton B. Duffield was born in 1810 inwere no jails. He had to keep any lawbreakers in eitherLost Prosecution PapersWest Virginia. That made him 53 years old when he wasthe military guardhouses or chain them to a tree or aAn interesting situation arose in the territory as Marshal appointed federal marshal for Arizona Territory. Duffieldbuilding. His first task was to conduct a census of theDuffield enforced the Confiscation Acts to the hilt only was well connected in Washington. He was associatednew territory. An untimely Indian uprising made takingto learn that the Territorial Government had suspended with Kansas Senator Samuel Pomeroy in Presidentthe first census somewhat more than a routine task.all proceedings based on the Confiscation Acts. Seems Lincolns plan to create a colony for former slaves inWhile in Prescott the census job became more difficultterritorial Attorney General Gage had a mishap while Central America. That plan failed and Pomeroy asked thefor Duffield when somebody, perhaps a Confederatecrossing a river and all of the papers pertaining to such President to appoint Duffield as U.S. marshal of Arizonasympathizer, stole the marshals horse. The marshal,prosecutions were lost. Marshal Duffield was then Territory. The first federal marshal in the new territory,angered by this affront to his authority and dignity,reduced to merely watching the known Confederates Duffield was a fanatical unionist in a territory whereposted a small reward. The census was completed butin Tucson, where he had made his headquarters. This many citizens had supported the Confederacy and wereDuffield did not consider that job his first priority. Toresulted in a fight between the marshal and one of anti-union, particularly in the area of Tucson. him, zealous enforcement of the Confiscation Acts wasthe subjects of his spying on the streets of Tucson. his most important task. This priority put him at oddsAccording to Duffield, he won the fistfight and then Pioneer Charles Poston, the territorys delegate tonot only with his boss, Attorney General Bates butsent a derringer pill after the Confederate who had Washington, said Duffields appointment would benefitwith the territorial governor Goodwin. The governorconfronted him, a man named Colonel Kennedy. the African element in the territory. Poston whowanted to unify the territory by mollifying the former opened and operated a silver mine near Tubac in theConfederates who resided in various areas of theDuffields extreme hatred of rebels was widely known. The Tucson area in the late 1850s knew that in some mineswilderness and who were a powerful force in Tucson. marshal placed himself in the southern part of the state in the area 25% of the miners were African Americans.in the haven of rebels. He appointed three deputies to Since Duffield was known to be openly keeping a womanhelp him enforce federal laws in the rest of the territory. of mixed blood in Tucson in addition to his Anglo wifeAmasa Dunn, a carpenter in Prescott, became a deputy who lived elsewhere, Poston apparently thought hisU.S. marshal in the First Judicial District. Gilbert W. sympathies would be with the African American miners.Hopkins became the deputy in the Second Judicial This open living arrangement by the new U.S. marshalDistrict. Hopkins was an engineer for the Maricopa did not endear him to those citizens of Tucson who heldMining Company. Charles A. Phillips was Duffields Confederate sympathies. deputy during the census and served as a deputy marshal in the Third Judicial District. Due to the extremely low Confiscation Actspay of deputy U.S. marshals, it was necessary for these Duffield found there were a few U.S. laws to enforce infederal lawmen to stay active in their businesses or the new territory but that the ones there were appealedprofessions and work part-time as lawmen.to his radical unionism. Congress had passed, in 1861 and 1862, the Confiscation Acts which allowed for theDuffield was reappointed as U.S. marshal for the federal government to seize the property of Confederatesterritory in 1866. He did not last long in his second and Confederate sympathizers. These laws appealed toterm, resigning a few months later due to the low salary. Duffields personal taste for justice. After all, ConfederatesThe Miner noted that Duffield would not have lasted were guilty of treason against the Union and in his view,as long as he did at the job if he had not had a small and the view of Congress should be punished. income from a couple of mines he owned and operated.U.S. Attorney General Bates had more moderate views,Departure Not Regretted shaped in his home state of Missouri, a border state, andMore than a low salary contributed to Duffields delayed the harsh imposition of the Confiscation Acts,resignation. He had managed to alienate many in seeking the use of discretion in their implementation.Washington and in the Arizona Territory as well as in Duffield did not hold the views of his boss the attorneythe U.S military during his short tenure as the territorys general. first federal marshal. By 1865 he had lost the support of Charles Poston, who asked the President to consider When Duffield arrived in Arizona Territory in 1864,replacing Duffield with King Woolsey. He had been a he soon learned his job was not an easy one. ThereMilton B. Duffiled continued on page 2018 January 2020'