The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-11-19
The Posse Comitatu. Law.

Everything indicates that determined
effort will be made the coming winter TO
repeal the posse cOD,adtus legislation OF last
June. Mr.. q. w. MCCRARY has already
made known his purpose TO attack II in his
December report, and to demand It's repeal
ON the ground that IL works great public
injury. We also find the few instances
notably the three occurring in Arkansas,
Texas, and New Mexico-in which the posse
comddtus clause OF the Army bill has seemed
TO create a hardship, carefully laid at length
before the public, and the hardship ex-
aggcrated.
Tho fifteenth section Of the Army Appro-
priation bill, as it passed Congress, Is as
follows:
From and after the passage Of this 1t shall not be
lawful 10 employ any part of the army Of the Cnltod
States as poser oBte otherwise the purpose Of
executing the laws except such and under
circumstances as such employment Of said may
expressly authorized by the Constitution, or by act OF
Congress
To enforce this prohibition 1t was further
declared that none OF the money appro-
priated by the bill should be used to pay
any expenses incurred in employing troops
In violation Of this section, and that any
person wlfully violating it should be pun
ished, on conviction, by a fine not exceeding
$4,000 or imprisonment not exceeding two
years, or by both These severe penalties
have been efIectual.
Whatever the practical results Of this
statute in individual cases, the principle OF
It's strong, yet moderate and carefully
guarded provisions, should be maintained.
1t was, in fact, one Of the few conspicuous
friumphs OF constitutional doctrine gained
during the last session Of Congress- and it
was with no extravaganza that Mr., HEWITT
exclaimed on its passage: 1--WE have this
day secured TO the people Of this country
mo same great protection against a stand
ing army which cost a struggle Of two hun
ured years for the Commons Of England 10
secure for the British people"
Nevertheless, We find HAYEs's War Secre-
tary making known his purpose to attack
the posse comddtus law at its very founda-
ton, and 10 claim that the intent Of the
founders Of tins Constitution was 10 employ
the army to keep the peace and prevent VIZ
lonce in cities and communities Thus Mr..
McCRARY proposes TO relterate the false
theory Of his report Of year ago, that
"our fathers who framed the Constitution,
doubted the wisdom Of relying upon the
militia for the suppression OF domestic vo-
lence and so provided for the employment
OF Federal troops for this purpose"-a doc
trine which led him 10 urge upon Congress,
In tho same report, tho great value Of
strong Federal force stationed in the Vi
entity OF our great cities"
No doubt few exceptional instances have
occurred in which civil authorities have
vainly sought 10 escape the fruits Of their
own negligence by calling on the army 10
perform duties now prohibited under
tho posse cOnRatus statute. But not
one instance has occurred justifylng its
repeal. In Arkansas, a military os.
cort was recently demanded to helI
arrest murderer; in Texas, troops
were asked to help arrest persons accused
oil violating the neutrality laws. The re