Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-10-16
community practical and substantial that
man is Dillon O'Brien.
TIE POSSE coMIrATUs.

THE POSSE COMITATUs.
For long time past the authorities at
Washington have been in great tribulation
ever the posse comitatus clause of the army
bill passed at the last session of Congress.
Illicit distillation of spirits has been carried
on to considerable extent in North Caro-
lima, Arkansas and Tennessee, and the rev
enue officers have had considerable diff
Guilty in suppressing the trade. Indeed, they
have not yet succeeded in their undertaking,
and may yet experience great trouble in fer
reting out and furnishing the daring moon
sinners. 1t has been the custom heretofore
to detail a company of United States troops
to capture the offenders against the law and
destroy their stills. This course saved the
revenue officers great deal of trouble. They
could claim the credit of stopping illicit dis
tillation without even SO much as raising a
hand in the work, and claim and collect
their fees without having earned them. Be-
sides, this plan relieved them from any risk
of punishment. They neither suffered from
resistance from the moonshiners, nor were
they liable for damages for the destruction
of property not contraband under the laws.
1t was, indeed, a very convenient arrange
ment for the revenue officers, but not very
convenient for the troops, who of right had
other fish to fry.
In conformity with usage, and with the
customary disposition to shirk their
duties, applications for troops to sup
press illicit distillation in the three
States above mentioned have been forward
ed to Washington, and several cabinet con-
situations have been held on the subject
Finally conclusion has been reached, the
attorney general finding that while the power
given to the civil authorities to deal with
such questions should be first exhausted be-
fore any attempt is made to employ troops,
in case the President decides that an emer-
gency has arisen which demands military
aid for the support of United States
officers, then he must proceed under section
$500, which provides that whenever, in the
judgment of the President, it becomes nee
essary to use the military forces under the
section which precedes it, he shall forthwith
by proclamation command the insurgents to
disperse and retire peaceably to their homes
within a specified time. He is further of
the opinion that the power of the civil au-
thorities in the cases under consideration
has not been exhausted, and that until that
power fails there is no authority for employ
ing the military for the purpose. Reluctant
though he is to formulate this opinion, he is
obliged to state that it is the law, and must
not be violated.
1t the posse comitatus clause of the army
bill does no other good, it will accomplish
this: 1t will impress upon our officials the
fact that if they are employed to perform a
specific service they must perform it, and
not look TO somebody else to do it for them.
If they are incapable of doing their duty
they should resign and allow the appoint
ment of some one not as ,cowardly or negli-
gent as they. twill furthermore have the
effect of teaching the revenue officers and
the people generally that civil law is gu
preme in this country. 1t has become toe
common an opinion in all parts
VI tne fepuDlc that the mill
itary power is the most important
factor in our government; and this opinion
has done more to degrade civil authority than
any other. The civil authority must begin
to make itself felt. If those charged with its
administration dc their full duty, the civil
law will be restored to its full honor, and il
will be unnecessary to call upon the military
forces to enforce the laws in any case. When
an emergency arises in which such resor,
shall be necessary, the constitution prescribes
the methods of procedure in sufficiently
clear manner. But until such an emergency
arises let the civil authorities do their full
duty, and the civil law will be duly respected
in every nook and corner in the land
Never, except in cases of the direst extrem-
ity, must the military forces undertake to en-
force the civil law.