The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-11-30

WIN lnara. hnaad the result predicted In my
;a,,nrt ~ one year ago. Although the people
~ pTavas have not been exempt from these In
cusons during the yhh anG % atroo
&c. rsf thav have been fewer in number than
sinrIng any year for long period, and within
tha mast four months almost perfect quiet mas
snn,rroo1paiied A considerable Mexican force has
paen sent TO the vicinity of the border to ope-
rate against the bands Of Indians lhfestng
that region, and the avowed purpose OF the
Mevica1, government is to put stop TO raids
upon our people and territory.
THE EMPLOYMENT or TROOPS As A POSSE
COMITATUE.
The fifteenth section of the act Of Congress
of June IS, 1878, provides that
From and after the passage Of this act 1t shal
not ba lawful to employ any part OF the army Of
the United Hiates9 as posse HonltGts, or other-
wise for the purpose vi executing ing laws. eX-
neDt In such cases and under Sucn clfcum-
sfannea ae such employment OF said force may
be expressly authorized BY the. constructor or
by act of Congress:
In my Judgment it is important either that
this provision be repealed, or that tsle num-
shall he "expRessly authorized be very m UGH
enlarged. In many portions OF our western
Territorins. and even In some portions OF the
newer States. resoute desperate, with @
few followers, can defy the officers OF the law
and any local posse that can be organized
During the year numerous attacks have
been made upon the mail-coaches in New
Mexico and Arizona, for purposes OF robbery
and plumber; and while ] have been q the
,onnfon that the malls Of the United States
may be defended by the use Of troops, / have
been obliged to give instructions that they
cannot. without disregarding the act of Con
gress, be employed to aid the officers of the
law In capturing the robbers after they have
committed the crime, In doing sothey Would
act as posse comttetets, and this Is nowhere
bv law Expressly authorized" In the new
nnd sparsely populated regions of the West,
TO say to robbers and thieves that they shall
not be taken on any writ unless the sheriff
and his local posse Ia able to capture them,
Without aid from the soldiers, is almost to
grant them immunity from arrest. In those
new regions the army Is the power chiefly re-
lied upon by the law-ahiding people for pro-
lection. and chiefly feared by the lawess
cIasses Numerous instances might be cited,
but the recent occurrences in Lincoln county,
n M. constitute O striking example. Inc III
ability of the officer In command OF the troops
in that vicinity to aid the officers OF the law
i'm making arrests was one OF the principal
causes which led to the most disgraceful
scenes of riot and murder, amounting In fact
to anarchy. This state Of things continued
until a case could be made for declaring the
district In insurrection, after which O procla-
nation of warning was Issued by the Presl,
dent the troops were called into action, ana
at once restored quiet.
I am clearly of the opinion that the Presl-
dent should DC left free to embioy the ma
tional forces in aid OF the process OF the red
eral courts whenever ne shall deem lt neces-
sary; but if such use is to be limited to cases
where, as declared by the act above quoted.
it sis erpressiH authorized by the constitution
or by act Of Congress- then 1t is respect
fully submitted that Congress should give
very careful attention to the enumeration and
specification Of the cases in which such use
OF troops Is to be permitted
,,rr rr,Y, or- v1rrrnu FEWER s1rEFERFRs
For n statement in detail concerning the
issue by my order of ratiOns to yellow fever
sufferers in the Southern States refer to the
report Of the Commissary General OF Subsist
ence. IT will be seen from that report that
while there was no statute to authorize the
orders given in the premises, they were not
unprecedented; similar action having been
taken by the government, through this de-
partment. on several previous occasions. Ii,
however, no such precedent had been found.
think the circumstances of the case would
have fully Justified the action taken.
So terrible was the suffering OF many COM
munities, SO alarming the restitution and
want oecasioned by the cessation Of business,
transportation and travel, that it became a
duty OF both government and people, made
imperative by the law of humanity, to extend
ali possible relief The fearful ravages Of this
terrible disease constituted an extraordinary
calamity which required that aid should be
granted. In ordering the Issues In question,
however, thought it necessary to adopt as a
rule for my guidance that government aid
should not be extended except In cases Of
great emergency, and when no other mode OF
relief was possible. and that rule has been
strictly adhered to. In additiOntO the issue
of rations, as shown by the report of the Com
missary General, tents were issued as loan,
rs follows:
August 15-1ono common tents to Memphis.
August 2o-2oo common tents to Vicksburg.
August 21--2O0 common tents to Grenada
August 24-3Oo common tents to Memphis
September 7-25 common tents to Natchez.
September ali hospital tent to Donaldson
vile,
nOoga.
Also small supply of medicines was issued
to Grenada. [ respectfully recommend that
a Joint resolution e passed by Congress ap
proving and legalizing these issues.
I would recommend to Congress the careful
consideration of the question whether such
emergencies in the future may not be provi-
ted for by law, by comforting authority to act
upon the President. II it be practicable the
law should be SO framed as never to leave an
executive officer under the necessity OF acting
outside Of the statutes.
In this connection have further to report
that by means raised from private contrib
utors, the steamer John M. Chambers was
chartered, loaded with supplies and medicines
for the relief of the sufferers, and sent from
St Louis, down the Mississippi river, upon
made for Oh officer Of the army to command
the expedition, First Lieut.. Hiram FL. Benner'
of the Eighteenth Infantry, and Second Lieut..
Charles $. Hall. of the Thirteenth Infantry
volunteered for that hazardous duty, and in
Its performance the former lost his life, hay
ing died of yellow fever, at Vicksburg, on the
seventeenth day Of October last.
Lieut. Benner was q man Of high character,
and a young officer of uncommon merit He
leaves q widow and two infant children; and
it Is respectfully submitted that Congress
should, without delay, take such action as
will recognize and give proper expression to
the nations gratitude for tho self-sacriicing
heroism which characterized his conduct and
led to the sacrifice of his life. | earnestly
recommend the passage of an act granting a
pension to his widow.
AUTHORIZATIONS, EXPENDITURES AND EST
MATES.
The expenditures. under the War Depart
ment, for the fiscal year ending June 80, 1877.
were $2,6ls,SSS 50 loss than those for the
previous fiscal year, and the expenditures for
the year ending June 80, 1878, were $A,324, -
734 81 less than those for 1877.
The estimates for the fiscal year ending
June 80 1880, as presented by chiefs OF bu-