The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-08-09
The Army No to be Used for Police
PURPOSES.

4
Purposes.
We have had occasion to protest against
the supposed necessity for an increase oft
Federal army as n national police for the
suppression Of internal and local disturb
'anccs. We not only contend thut every mob
Is not the domestic violence which the
Constitution authorizes the States to call
upon the Federal Government to suppress;
but we claim that In any state of things
which is less than an imminent peril to the
existence aud authority of the State Gov
eminent. the Federal Government cannot
properly interfere, because it cannot execute
the only proper mode in which such local
disturbances as ordinary riots should ever
bc suppressed. What that mode Is we shall
now proceed to state, promising that if the
existing laws Of the different States do not
provide for this method of proceeding, it is
quite time they did.
We shall take a. the model the legislation
Of a State which we need not name, but
which, being one OF the oldest States Of the
Union, had. before the existence Of the Fed
eral Constitution, an experience on the sub
jcct Of mobs which led to "a careful and safe
system Of dealing with Them by standing
provisions of law, to be executed in pre-
scribed mode. According to this system.
when riot has become so formidable and
dangerous that military means must be re-
sorted to for its instant suppression, the
troops that are to be employed are called
out by the necessary orders. A civil mag
istrate being one of several designated by
law to perform this duty, then puts him
self at the head OF the force and pro-
cccds TO confront the mob. Arrived on the
ground, he orders the mob to dispense. If
they do not obey, he may use force to dis
pcrse them II, in his judgment, 1t Is necos-
sary TO fire on the mob, he gives an order to
the military commander to fire. The latter
then orders his men to fire, and the firing
may be repeated as often as the magistrate
deems necessary. The orders Of the magis-
trate are by law complete justification for
any killing or wounding that may take
place. and no officer or soldier can there
after be required to show that he acted In
sclf-dcfence or that he was in personal dan
ger. The whole proceeding is a summary
execution Of the law in mode provided by
law. The magistrate is not obliged to wait
until he or his force is attacked by the mob.
He is there to dispense the mob instantly,
tackled His Judgment OF the necessity for
taking life, in order to cause the immediate
| dispersion Of the mob, is just as final as the
sentence Of death which Court passes upon
a convicted criminal. The law IS framed
upon the assumption that every person in
| the crowd who docs not depart within the
time allowed by the magistrate after he has
ordered the mob to dispense, Is ono OF the
rioters, and has forfeited his life, If it be-
comes necessary to take II. This Is trc-
mcndous power, but its existence and its cX-
| ercsc are deemed essential to the public
safety and all experience shows that the
trucst mercy to the greatest number re-
quires that when firing has to be resorted
t., it should be no sham work.
In some of the proceedings in the late riots
in various cities, there was n good deal of
irregular shooting by the troops after they
were attacked by the mobs. Questions have
arisen. therefore, whether the soldiers fired
in sclf-dcfencc Such questions need not be
and never should be allowed TO arise. The
soldier should never be required to show
that he acted in self-defence. Now, why are
Federal troops to be preferred on these oc-
casons to the militia II Federal troops
are present they must act under the orders
of the local magstracy. But If the local
magistrate acts upon the system we have
described, and the military force are moth
ing but the executioners of orders which the
law has empowered him to give, there Is ne
advantage in having that force made up Of
troops Of the United States. On the con
trary, il the State has its militia in such q
condition Of discipline rs II should be, it is
altogether better that its laws should be ex'
ecutei 10y its own force, If there Is ten
dency in the militia TO fraternize with tn,
moh that only shows that the militia is not
as well disciplined to its public duties rs II
ought TO be. 1t Ia no argument for calling
in the force Of another Government, to act
upon occasions which the State itself ought
to be perfectly competent to meet.
We advise all men, in their several local.
tics, instead Of using their influence to pro
mote an increase Of the Federal army, for the
sake Of having it used as a national police
to devote their energies TO the improvement
Of their militia and the provision of prope
methods tor its employment in the preser
walton of domestic peace.