Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-07-11


the four per cent. bonds to-day, seven hun
dred and eighty-fve thousand five hundred
dollars.
THE POSSE CoNIITATUs ORDER.
General Sherman, IN a general order, in
vites the attention of al officers of the army
to the section in the army appropriation bill
providing that, sit shall not be lawful to en-
ploy any part of the army as posse cOmitd-
tbs or otherwise for the purpose of ex-
ecutlng laws, except In such cases and under
such circumstances as such employment of
said force may be expressly authorized by the
constitution or by act of congress" The
order contains provisions of the constitution
and acts of congress understood as intended
to be excepted from the operation of the
above section and authorizing the employ
ment of military forces for the purpose of
executing the laws, namely:
'First-The fourth article of the constitu-
ton declaring shat the United States shall
guarantee to every State In tn Union re-
publican form of government, and shall pro-
tect each of them against invasion, and on
application OF the legislature, or of the ex
ecutive when the legislature cannot be con-
vened, against domestic violence.
Second-Tne evils rights law, sections
1884, 1899, and 1891, of the revised statutes,
which makes it lawful for tae President
to employ such part of the land or naval
forces, or of the militia, as may be necessary
to aid in the execution of the judicial pro-
cess, or as shall be necessary to prevent
violation and for a due exec ation of civil
rights.
Third-The elective franchise law, section
POOP, prohibiting the Iresence Ct troops near
the polls, unless it be necessary to repel
armed enemies of the United States, or to
keep peace at the polls
Fourth-i'he Indian laws, sections 2l50,
Psi and 2l52 of the revised sa-utes, which
authorize the apprehension cf every person
who may be In the Indian country in VIOLA
ton of law, the examination and seizure of
stores, preventing the introduction of persons
or property into the Indian country contrary
to law, and also In destroying and breaking
up any dlstllery for manufacturing ardent
spirits set up or cont nued Ii tie 1ndian
country.
Fifth-Section 2460 of the revised statutes,
authorizing the President to employ military
force to prevent the telling. cutting down, or
other destruction OF the timber of the United
States in Florida, and to prevent the trans
portation or carrying away of any such tim
ber as may already be feled or cut down,
and to take such other and further measures
as may be deemed advisable for the preserva-
ton of the timber Of the United States In
Florida.
Sixth,-Section 52S7 of revised statutes
makes it lawful for the President or such per-
son as he shall empower for that purpose, to
employ such part of the land or naval forces
of the United States, or of the militia there
of, as shall be necessary to compel any foreign
vessel to depart from the United States in all
cases which. by the laws of nations or trea-
ties of the United States, she ought not to re-
main within the United States.
Seventh-Section 1897 of the revised stat
utes, which makes it lawful for the President,
in case of Instruction in any State against
the government thereof, on application of
the legislature of such State, or of the execu-
fho no
vened, to call forth such number of militia of
any other State or States which may be ap-
piled for, as he deems sufficient to sup
press such insurrection, or, on like ap
plication, to employ for the same purposes
such part of the land or naval forces of the
United States as he deems necessary; and
sections 1898, 5299 and 5316, authorizing the
President to employ troops to enforce the
laws whenever by reason Of unlawful obstruc-
tons, or assemblages of persons, rebellion
against the authority of the government If
the United States, the execution of the laws
is DISTRACTED.
Eighth-Secton 5577, authorizing the
President, at his discretion, to employ the
land and naval forces of the United States to
protect the rights of the dscoverer of Aguano
island, or of his widow, heir, executor, ad-
mlDistrator or assigns.
The order concludes as follows: "Officers
of the army will not permit the use OF troops
under their command to aid the civil authori-
ties as posse e0nsitatus, or in the execution
of the laws, except as authorized In the fore
going enactments. When applications fl r
| the use of troops for these purposes are re-
ceived, they must be forwarded through the
| military channel to the acknowledgement for
consideration and action of the President"
ANAL CONTRACTOR ARRESTED.
Malcolm A. NJ Near was to-day arrested in
| this city charged on the oath of Joseph Bur-
roughs, CT the postotfice department., with
refusing to carry the United States mails
| from Ashford to Fort Kent Maine, after Raw
| ing been awarded the contract. This case Is
| the first one under the late act OF congress,
| the object of which was to break up straw
bidding.
HOwARDs FIGHT CONFIRMED.
The war department is in receipt of dis
patch from General Nj Dowell. confirming the
| press account of General Towards fight with
| the Indians.
| sHERMAN's VISIT TO THE CITY OF BOND
| HOLDERS.
| 1t is believed that the visit of Secretary
| Sherman to New York has reference to an
early resumption OF specie payment, and it i;
known that there has been discussion
among the prominent treasury officers here
as to the propriety of soon paying out the
smaller e Id com. The visit of Treasurer
| Gilfallen TO New York is closely related witt
that of Secretary Sherman. The secretary
will probably be absent for some time.