The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1878-07-18
THE ARMY'S USES.
Gen. sherman,s Definitions.


Gen. Sherman, in general order, in
vites the attention of all officers of the
army to the section in the Army Appro-
priation bill providing that cit shall not
be lawful to employ any part of the
army as posse c0ma6tatus or otherwise
for the purpose of executing laws, ex-
cept in such cases and under such cir
cumstances as such employment of said
force may be expressly authorized by the
constitution or by act of Congress. The
order contains the provisions of the con-
stitution and the acts of Congress under
stood as intended to be exempt from the
operation of above section, and author
izing the employment of the military
forces for the purpose of executing the
laws, namely:
1. The fourth article of the constitution, de-
claring that the United States shall guarantee
to every State in this Union republican form
of Government, and shall protect each of them
against invasion, and on application of the Leg
lslature or OF the Executive when the Leglsla-
ture cannot be convened), against domestic
violence.
2. The Civil-Rights law (sections 1884 and
1889, and /, 1891 of the Revised Statutes), which
makes it lawful for the President to employ
such part of the land or naval forces, Or of the
militia, as may be necessary to aid in the execu-
ton of judicial processes, as shall be neces-
sary to prevent violation and enforce the due
execution of civil rights.
g. The Elective Franchise law (section
2.0O2), prohibiting the presence of troops near
the polls unless it be necessary to repel armed
enemies of the United States, or to keep peace
at the polls
The Indian laws (sections 2, $50, 2,151 and
2,l52, r. s., which authorize the apprehen-
| siCc Of every person who may be in Indian
country in violation of law; the examination
| and seizure of stores, preventing introductions
| of persons or property into Indian country
| contrary to law, and also in destroying and
| breaking up any distillery for manufacture of
ardent spirits set up or continued within Indian
country.
5. Section 2,46O of the Revised Statutes,
authorizing the President to employ military
force to prevent Telling, cutting down. or other
destruction of timber of the United States in
Florida and to prevent the transportation Or
| carrying away of any such timber as may al
ready be felled or cut down, and to take such
other and further measures as may be deemed
advisable for the preservation of the timber of
the United States in Florida.
6. Section 5,207, of the Revised Statutes,
makes it lawful for the President. Or such per-
SON as ne shall empower for that purpose, to
employ such part of the land or naval forces
of the United States, or of the militia thereof,
as shall be necessary to compel any foreign
vessel to depart the United States in all cases in
which by the laws of nations or treaties of the
United States she ought not to remain within
the United States.
7. Section 5,297 of the Revised Statutes,
which makes it lawful for the President, in
case of any insurrection in any State against
the Government thereof, on application of the
Legislature of such State or of the Executive
when the Legislature cannot be convened, to
call forth such number of militia of any other
State or States, which may be applied for, as
he deems sufficient to suppress such insurrec-
ton ; or on like application to employ for the
same purposes such part of the land Or nava
| forces of the United States as he deems neces.
sary and sections 5,298 and 5,316, authorizing
the President to employ troops and to enforce
laws whenever by reason of unlawful obstruc-
lions or assemblages of persons, or rebellion
against the authority of the Government Of
the United States, the execution of the laws is
INSTRUCTED.
8. Section 5,577, authorizing the President,
at his discretion, to employ the land and naval
forces Of the United States to protect the rights
of the discoverer of a guanO island, Or of
his widow, heir, executor, administrator, or as
sign.
The order concludes as follows "Officers
of the army will not permit the use of troops
under their command to aid civil authorities as
| posse cOn1itdtots, or in the execution of laws
except as authorized in the foregoing enact
ments When applications for the use of
troops for these purposes are received they
must be forwarded through the military chan
mel to the Adjutant General for the considera-
| ton and action of the President"