Arizona weekly citizen., 1882-05-14

United States, just as the State cOnsti
 tutions provide that the governor of (
 State shall do, shall take care that the
 laws of the United States are faithfully
 executed, and he is Commander-in-Chie
 of the Army, &c. Then come the variou,
 statutes on the subject beginning at tue
 beginning of the century. but all crys
 talized now in section 529S of the Re vised Statutes on this subject, outside oi
 a statute to which l shall presently al Jude:
 SEC. 52as. Whenever. by reason of unlawful | 0bstructlOns, combinations. or assemblages Oi
 persons or rebellion against the authority of ihs l Cove nment of the Unrted states. It shall i'e- 1 rome impracteahle. n the judgment of the l President. to enforce. by the ordinary cOnrse Oi l iudicial proceedings, the laws of the United Stttes within any state or ierritory it shall be
 lawful for tho President tO call forth the militia of any or all the States. and tO employ such parts of the land and naval forces of the Unite,l States | as he may deem necessary io enforce the faithful eEecGtlOn of the laws "f the United States. or t0 l suppress such rebellion. in wha ever State or | Territory thereof the laws of { Uni'el States l may be forcibly opposed, or the execution there l of fDrclbly Obstructed.
 A subsequent section provides that Tn that case he shall issue X proclamation commanding these evil-dispOsed assem- blages and people to keep the peace and go home and mind their own business, the ordinary riot act as we should call 1t m our State operations. Then comes the act to which the President refers about the posse comitatus, contained m the Army appropriation bill of June IS, lS1S, section l5, which Is this:
 | From and after,ths passage O this act it shall | not he lawful to employ any part Of the Ar"'y Oi | the Uuited States, posse comitafus. or oth- | erNlse, for ths purpose of executing the laws | except in such ctseS and under such ctrcum~taH- | res a- such employment Oi sad force may be ex- pTe-sly authorized by the Con -ututlon or by act | of Congress.
 | When that act was passed, the con- stitutiOn and act of Congress l have previously read standing just as they do now, made the provision that l have read which in clear and explicit terms, as the committee think, authorize the President to use the Army and the | Navy, all the military force of the ! United States, and the militia as well, | to enforce the laws of the United States Iu the Territory of Arizona if the state | of disturbance there, in his judgment, k such that the ordinary process of iudIcial ne end. OF conrsSes if ihey 'o sss adequate | we do not want any Legislation either to | authorize the governor to raise vOlun- l teers or to spend money, or for any | other purpose. IT they are not, the law | in explicit terms authorizes this to be | done, and the act of 1878 does not | prohibit but expressly recognizes the fact that wh,re an act of Congress has | authorized this in express terms, 1t still 1 may be done.
 | The posse comitatus clause referred | to arose out of an implied authority to | the marshals and their subOrdinates | executing the laws to call upon the ! Army just as they would upon by ! stauders who. if the Army responded, would have command of the Army or so | much of 1t as they had, just as they | would of the bystanders, and would | direct them what to do. In these cases | the President of the United StateS | having the power of employing any part | of the Army from three soldiers to three | thousand to assit the execution of the | laws in the Territory of Arizona, retains the dominion over this Army himself | and the soldiers under the command of their own officers to aid the civil authorities, instead of being under the command of the marshal of the Terri tory.
 l It appears to us, therefore, clearly and we all agree upon the subiect-that | there Is no need, for the purpose named | in the message of the President of the | United States, to change the law upon the subject. The technical posse comi- tatus which is not expressly authorized | by law can be dispensed with, tie Pres ident, as IS perhaps best in these far-of | places, retaining the command of the troops by his own officers. who are pr. haps quite as safe a depository of such power as the Marshal himself. He directs them to resist all this unlawful. ness, merely first giving notice to these
 people that there IS not going to be any
 more of 1t allowed.
 So we think that the President t armed with ample power for this emer gency alr ady, and that 1t Is not neces | saTy that legislation should be had. I repeat that we make this report orally for the reason that We had not time to draw it up in writing.
 MT. GARLAND. Mir. President, as this IS a very impOrtan. matter, q matte l which touches upon statutes Ot Congress
 I wish to make very few suggestion,
 in addition to the report made by the
 Senator from Vermont, the chairman O the Committee on the JudicIary, iuas !
 sented.
 In October, 1878, inc then Attorney
 General, m an opinion to Presideu
 Hayes, had occasion to construe the diff
 ferent statutes referred to by the Seua
 tor from Vermont, and be reached a con
 clusion which l think IS correct, anl
 which supports the report made by thu Senator from Vermont. It IS to be fOun,
 in the sixteenth volume of Opinions O
 Attorney page 162 and follow inc. After referring to the fact that il
 using the military force of the Unite,
 States as a posse under tbe act of t., 24th of September, 1879, and then tn,
 sections of the Revised Statutes 52S'
 and $500. the Attorney General says:
 In this state of legislation am of opiui. n ths the ru- shal cannot he aided by the ilitar
 forct-s of tke United Staies as posse in the e1
 it now Spp-ars- This s.Hie of facts ~i ill. hoWev
 CT. e1ghle the forces tO be used for the enforce l uenr of the laws fl the Pr s.dent sh~ll deeu
 proper 10 take csrtain additional steps. ard i resis. auce to the laws shall thereafter continue Then be quotes the provisions of sec
 tions 529S and 53O0 and continues: IT. therefore the facts now present. a cas
 which, in the judgmsat oF the Preside1f. justif
 him in go doing. he may issue his p-oclanatio ! commanding the Insurgent- 70 dIsperse and rt gre Ueacranll 10 Ilelr httllNe ttHfiae W1fHf united tune. and fl they shaI' fail Co do SO
 will ;hen be lawful for him to employ such part
 os the land forces Of the United states as he ma deem necessary to enforce tbe laws of the Unite . l States
 Under these different sections of tn statutes, If the President is satisfied tha
 there IS trouble there which cannot b put down by the ordinary civil processei [ he may, under section 590O, issue hi
 proclamation for those resisting tn , laws to disperse. If they fail to do tha ; he may then call on the military force
 That Is the unanimous opinion of tn b com mittee, and t gives him all the pow } CT that IS necessary now in the trouble in Arizona.
 l. was in view of this report that u l President issued the proclamation