Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-07-11
POSSE COMITATUs."
Gen. Tecumseh Explains When Troops
Can Be Used Under the Recent Act of


Congress.
WASHINGTON, July 10.-Gen. sherman in a
general order invites the attention of all off
GERS of the army to the section of the army
appropriation bill, providing that sit shall not
be lawful to employ any part of the army as
posse conaitatus, otherwise, for the purpose of
executing the laws, except in such cases and
under such circumstances such employment
of said force may be expressly authorized by
the constitution or by act of Congress-" The
order contains the provisions of the constitu-
tion and acts Of Congress understood as in
tended to be exempt from the operation of the
above section and authorizing the employment
of military force for the purpose of executing
the laws named.
First-The fourth article of the constitu-
ton, declaring that the United States shall
guarantee to every State in the Union Repub-
lican form of government, and shall protect
each of them against invasion, and on the APP
plicauion of the legislature or of the executive
| (when the legislature cannot be convened)
against domestic violence.
| Second-The civil rights law (sections l 1884
| 1 1888 and 1891 of the revised statutes) which
makes it lawful for the President to empl oy
such part of the land or naval forces, or of the
military, as may be necessary to aid in the ex-
ecution of judicial process, as shall be neces-
| sary to prevent violation and enforce the due
execution of civil rights.
| Thi cd-The elective franchise law, (section
| the polls, unless it be necessary to repel armed
| enemies of the United States, or to keep the
peace at polls.
Fourth-The Indian laws, (sections 2,15O,
2,15l, and 2,152, revised statutes,) which au-
thorize the apprehension of any person who
| law, the examination and seizure Of stores
preventing the introduction of persons or pro ,
| erty into the Indian country contrary to law,
| and also in destroying and breaking up any
distillery for manufacturing ardent spirits, set
up or continued within the Indian country.
Fifth-Section 2, 400 of the revised statutes
authorizing the President to employ the mill
tary force to prevent telling, cutting down, OF
other destruction of timber of the United States
| in Florida, and to prevent transportation OF
carrying away of such timber may already
be felled, or cut down, and to take such other
and further measures as may be deemed advis-
able for the preservation of timber of the
| United States in Florida.
Sixth-Section 5 ,289 of the revised statutes
makes It lawful for the President, or such per
son as he shall empower for the purpose, tc
employ such part of the land or naval forces
OF the United States, of the militia thereof
as shall be necessary, to compel any foreign
vessel to depart from the United States, in all
cases which, by the law Of nations, or treaties
OF the United States, ought not to remain
within the United States.
Standardization 5 1897 of the revised statutes
which makes it lawful for the President in case
of instruction in any State against the gov
eminent thereof, on application of the legisla,
ture OF such State, of the executive when
the legislature cannot be convened, tc
cali for such number of militia OF
any other State, or States, which may BIZ
applied for as he deems sufficient to suppress
such insurrection, Or on like application, t.
empty for the same purposes such part of the
land or naval forces of the United States as he
deems necessary, and sections $685. $3.50 anc
53l6, authorizing the President to emplo,
troops to enforce the laws whenever by reason
OF unlawful distractions or emblages Of
persons or rebellio0 against the authority Of
the government of the United States the execu
ton of the laws is INSTRUCTED.
Eighth-Section 5,577, authorizing the Presi
dent at his discretion to employ the land and
naval forces of the United States to protect th,
| rights of the discoverer of guano island, or Of
his widow, heirs, executors, administrators OF
assigns.
The order concludes as follows: Officers of tn.
army will not permit the use of troops under
their command to aid the civil authorities as ;
posse coneitatus, or in execution of law, except
as authorized in the foregoing enactments
Where applications for use Of troops for thes,
purposes are received, they must be forwarded
through the military channel to the adiutan
general for the consideration and action of tn,
President.