The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-12-25

government are, first, by the peace
officers, either alone, or with a posse
oomiatus; second, by means of the
peace officers, assisted BY the militia
| which is called into service, by the
/ Governor, or other officials. as regulated
| by the law of the State; third, by these
I forces, assisted by Federal troops.
l which are brought to the assistance of
n State or Territory, by requisitiOn of
/ the Legislature or OF the executive,
when the Legisl ,ture cannot be con-
vened, in accordance with the
provisions OF Article OF the Con. titu-
ton. Federal forces and militia called
into the service Of the United States,
my enter a Safe, Of its own motion,
or even against the protest OF the ) att
70 repel invasion and 10 suppress in
surrecuOns against the federal autho-
ritv, in accordance with Article 1.
State laws regulate the employment
o, the militia in tier own affairs, but
Congress, in accordance with, It's power
TO make rules and regulations for the
government Of the army, has provided
rules for the employment OF the United
States troops. And IL has been enacted
that IN case Of a requisiiion upon the
President for assistance IN the
qnelling VI domestic violence, by
the Legislature. or tho State
executive, it shall be lawful for him
TO accede 70 the request. The Presi-
dent, therefore, is not compelled to fur
nish assistance, but may do SO within
his discre ion. And again, Congress
has vested within the judgment of the
President, the power OF employing the
Federal forces. whenever, By reason OF
unlawiu instructions, com binations. or
assem- Olages OF persons. or rebellion
against the authority of the govern
ment Of the United States, IL shall be-
come inpracticable, N the judgment Of
the President. 20 enforce, by the ordi-
nsry course OF judicial proceedings, the
laws OF the United States within any
State or. Territory. But, before using
troops for these purposes. il Is neces-
sary for the President 10 issue a procla-
nation commanding the insurgents to
disperse within limited time.
CSec's sos and 500 R.
These provisions contain The only
authorizations for the use of troops IN
quelling I'll order, except in certain
cases in the Indian Country, IN the en-
forcement Of the Civil Rights act, and
the neutrality and extraction laws,
and in the cases OF certain miscellaneous
provisions OflOcal and unimportant ap-
plication.
In this connection may be cited the
very important law OF 1878, which pro-
vided that IL should not be lawful to
employ any part of the army Of the
United States, as q pose cOmi,dtuS or
otherwise, for the purpose of executing
the 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.
and imposing a fine not to exceed
$40 900, and imprisonment not exceeding
two years. for a willful violation OF this
enactment" In construction of this
law, the Attorney-General said, There
Is found no express authority by which
the marshal may summon any military
force of the United States as & part of
the posse cOmitGtuS," but said that under
sections sos and $500, Revised
Statutes, the forces may be used for the
of the United States laws,
under the marshal, If the President
shall deem proper to make u proclama-
ton. and If resistance 10 the laws shall
continue. (l6 Opinions, Any Gen,
page 1927.
We are told by the Digest Of Opinions
any combined effort by the military
as such TO make arrests or otherwise |
prevent breaches Of the peace, or viola !
tons Of the law in civil cases, except by /
the rider OF the President must /
me- sariiy be- Illegal" In the no I
sence Of the requisite orders. he may /
not even march or array hrs command 4
for the purpose Of cxerting q moral Ell |
feet, or an effect iH f.-rgrcH. such a /
indeed could only /
the authority OF the /
United States. while Insulting the SOW
ei suity Of the State"
Therefore in view OF the authorities
and the laws quoted it would appear 10
be the correct conclusion that United i
States troops may be used in 8 Territory
Jniy b. direction Of the President
after proclamation msde. and in case
u continued opposition 10 the laws Of
ne United States, where. in the judg-
nent Of the President, the ordinary
,OuIse " judicial procedure no longer
secures their enforcement.
There : no express enactment pro-
riding for the use OF Federal troops in
domestic violence in a Ter
ltOry. in opposition TO local laws, as
here Is in the case of the States. upon
equisition OF the Legislature. But, it
: thOugnt that troops have been fur
iiShed by the President upon such
equisltioa. or that of the Governor.
where the Legislature could not be con-
-ened.t
General Hancock in his patriotic and
letter 10 General
sherman at the time OF the Hayes
rilden complication. wrote: The
rmy IS laboring under adverse disad-
antages. and. has been used I'M
lwfuliy at times, IN the Judgment of
he people, Tin mine certainly and we
ave lost 4 great deal of the kindly
ceiling which the community ut large
nee felt for US. II is time TO stop and ,
nlOad. The army will suffer !
rom its past actions if it has acted
Trongfully. Our regular army has
title hold upon the affections OF the
'eople of to-day. and the superior J
Ulcers should certainly, as far as in {
heir power, and legally, with righteous
ntent, aim 10 defend the right-to Us,
he iGlc, and the institution they repre-
ent. Il is a well meaning institution,
nd II would be wei! 4 IL should have !
n opportunity n be recognized as a
ulwark in SUPPORT OF the night, of the