The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1878-12-05
The NATIONS SERVANTS.
Government Departments and Bureaus.
of the Annual Reports.
THE WAR OFFICE.

Annual Report OF Secretary McCrary.
The Secretary Of War, in his report, reviews
the operations of the army for the year, and
quotes portions of the reports of Gems Sher-
men and Sheridan in regard to the condition of
the service, it's requirements, and it's numerical
inadequacy to perform the duty required Of it
He describes the embarrassment of the army at
present under the posse-comitatus clause in the
last appropriation BILL and asks that Congress
either repeal the clause and allow the President
and Secretary of War to use the army as au-
thorlzed by the constitution, or interpret the
meaning of the clause SO that it may be clear in
what service the army can perform without vio-
lating it's provisions. If the clause is not re-
pealed, he wants Congress to enumerate the
cases IN which the army may be used tosuppress
disturbances in response to the call of the civil
authorities. He recites the lawlessness in New
Mexico, Texas, and elsewhere, which could not
be suppressed by the civil authorities, and
which might have been prevented had not the
army been prohibited from interference.
With great delicacy Secretary McCrary treats
the Indian question, and, while he describes
what has been done by the military in respect
to the hostile Indians, he does not join in the
controversy between officers Of the army and
the Indian service about the cause of outbreaks
or alleged insuficiency of the Indian manage
ment, nor does he allude in any way to the pro
position for the transfer of the Indians from
the care of the Secretary Of the Interior to his
own. ,f-af
One of Secretary McCrarys hobbies is the
education of the rank and file of the army, and
the establishment and maintenance of schools
for soldiers He discusses this subject at
length, describes what has already been done,
and what he proposes to do.
He asks that Congress legalize his action in
furnishing supplies to the yellow-fever suffer
ers, and that the army be reimbursed for such
supplies. He also asks the passage of a bill
giving pension to the widow Of Lieut.. Benner,
who died while in command of the yellow-fever-
relief boat, as she is not entitled to pension I'M
der the law, her husband not having died in the
performance of military duty.
In regard to the uses of the army, the Secre-
tary Of War says:
"The fifteenth section of the act of Congress of
June 49, 1878 provides that from and after the pass
age of the not be lawful to employ any part
of the army of the United States posse cOa1jtts
or otherwise for the purpose of executing the laws
except in such and under such circumstances
as such employment of such force may be expressly
| authorized by the constitution by act of Con
gress. In my judgment it is important either that
this provision be repealed that the number of
cases in which the use of the army shall be ex-
pressly authorized be very much enlarged. In
many portions of our Western Territories, and
in some portions of the newer States resolute
of the law and any local posse that be organ
lied. During the year numerous attacks have
been made upon mail coaches in New Mexico
and Arizona for purposes of robbery and
plumber, and, while have been of the opinion that
the mails of the United States may be defended by
the use of troops, have been obliged to give in
structions that they cannot without disregarding
the act of Congress be employed to aid officers OF
the law in capturing robbers after they have COM
mitted crime. In doing so they would act as
posse cont0as, and this is nowhere by law express
ly authorized. In the new and sparsely- populated
regions of the West to say to robbers and thieves
that they shall not be taken any writ unless the
Sheriff and his local posse is able to capture them
without aid from the soldiers is almost to grant them
immunity from arrest. In these new regions the
army is the power chiefly relied upon by the law
abiding people for protection, and chiefly feared
by the lawless classes. Numerous instances
might be cited, but the recent occurrences
in Lincoln county, New Mexico, constitute a
striking example. The inability of the officer
in command of the troops in that vicinity to aid
officers OF the law in making arrests of the
principal causes which led to the most disgracefu]
scenes of riot and murder, amounting in fact, to
anarchy. This state of things continued until a
could be made for declaring the district in in
surrection. after which proclamation of warning
was issued by the President the troops called
into action and at once restored quiet. clearly
of the opinion that the President should be left free
to employ the national forces in aid of the processes
OF Federal Courts whenever he shall deem it neces
sary. But if such is to be limited to such cases
where, as declared by the act above quoted it is
expressly authorized by the constitution or by act
of Congress, then it is respectfully submitted that
Congress should give very careful attention to the
enumeration and specification of the cases in which
such use of ss1e troops is to be permitted"