Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-11
EMPLOYING FEDERAL TROOPS

EMPLOYING FEDERAL TROOPS.
President Grant has received, recently,
two pointed rcbukes in quarters from
which he had least reason to expect it.
If there is any one thing on which he has
specially prided himself, says the Balti-
more Gazette, it has been the alacrity
with which he has responded to the call
of the Radicals for the services of Fede-
raj troops. He has not been fortunate in
their use. Indeed, We may say he has
been quite otherwise. But the will to
work mischief was his, and whatever
credit he deserves for prostituting his
high office to partisan uses, we hope
will accrue to him. Lieut.. Ger.
Sherman is of opinion that he de-
serves no credit at all ; that United
States soldiers have certain well defined
duties to perform, and that when en-
ployed Is sdomGstic police, it should only
be on the call of the State authorities and
in subOrdination TO the civil tribunals.
Lieut. Gen. Sherman thinks, how
ever, that the troops may, in emergencies,
he summoned by the courts. Maj. Gen.
Hsllcck takes even tirmer and stronger
ground than Lieut.. Gen. Sherman. He
emphatically repudiates the employment
of the military in local civil troubles; de-
clares that they ought never be allowed to
act except when called out Gin the man
ner prescribed by law and that, even
when their services are required to enforce
the collection of the revenue, they should
not be ordered out unless the requisi!ion
be fortified by sfiidavits, or other legal
proofs lie saws:
''As the practice now is, the revenue
officer is the sole judge of the necessity of
military guards and escorts. Moreover, a
large portion of the cost of revenue seiz-
ures is now paid out of the military APP
preparations, which expense would other
wise he deducted from the property con-
demned before the products of the sale
could be divided between the Treasury
and the revenue officer who made the
seizure. Where United States Marshals
and Assistant MaIshals call for military
aid TO execute the process of the courts,
there should he an order of the court au-
thorizing such acquisitions, on the ground
that no proper civil posse comitatus could
be obtained.
''Such restrictions in the use of military
force in civil matters would, in my Opm-
ion not only effect large saving in mill
tary expenditures, but would relieve army
officers from much of the responsibility
which they are now obliged 10 incur ID
the performance of disagreeablc duties,
which can hardly be said to legitimately
belonged to the military service. 1t may
be proper to remark, in this place, that
have been assured by Federal civil officers
that The use of troops in executing Judi
cial processes, and enforcing the revenue
and other civil laws, seems 10 in
crease rather than diminish the apparent
necessity of using such force. 10 civil
matters the badly disposed become more
and more exaspcrated at being coerce by a
force which they think has been uncOn-
stitutionslly employed against them, and
he better disposed relax their efforts to
punish local crimes, on the plea that this
duty now dcvolves on the military only.
Hence, in the case of robbery, or
murder, there is a call for Federal troops
to arrest and guard the criminals. 1t is,
therefore, question, well worthy of con-
sideraiiOn, whether the military power,
in civil cases, should not be limited to
few well defined cases, such as riots and
instructions, which cannot be suppressed
ly local and State authorities.