Year: 1870

Annual Report of Maior-Cseneral Halleck,
Commander of the Military Division of the
sOuth.


The annual report of General Halleck, as
Commander of the Military Division of the
South, will accompany the report of General
BelkLap, Secretary of War. The report is dated
October "a, and, after giving the limits of the
division and the troops therein states that
Georgia on the 4th of January last was remanded
to the condition of military district, and Gene
raj Terry was placed in command.


AS he was specially instructed from the War
Department aud by the President, General Hal
leek did not deem himself authorized to inter-
fere with General Terry, and he says his
administration of civil affairs has in no way
been subject to his directions.


He says, In regard to Texas that, with the
exception of the Indian troubles, the State has
been remarkably quiet and prosperous. He says
the discipline of the troops during the year
has been excellent, and that their supplies were
satisfactory except scothing, which is almost
universally complained of. On the important
question regarding the relation between the
civil authorities and the military, General Hal


1t will be seen by the reports of the Depart
ment Commanders that but few cases had oc-
cured where the military have been required to
interfere in civil matters except to assist
revenue officers in the performance of their
duties. respectfully repeat the recommends
ton of my last annual report that military
officers should not interfere in local civil
troubles unless when called out in the manner
prescribed by law, and that the requisition of
revenue officers should be accompanied by afi.
dayits, or some other proof that the case comes
within the provisions of the law authorizing or
requiring military interference. AS the prac-
tice now is, the revenue officer is the sole
judge of the necessity of military guards aud
escorts. Moreover, a large portion of the cost
of revenue seizures is now paid out of the mill
tcTy appropriations, which expense would
otherwise be deducted from the property con.
demned before the products of the sale could
be divided between the Treasury and the reye
nue. officer who made the seizure. Where the
United States Marshals and Assistant Marshals
call for military aid to execute the process of
the courts, there should be an order of the
court authorizing such acquisitions, on the
ground that no proper civil posse cOnlitdtus
could be obtained. Such restrictions in the
use of military force in civil matters would,
in my opinion, not only effect large
saving roiaro in military expenditures but
of the responsibility which they are now obliged
to incur in the performance of disagreeable
duties which can hardly be said to legtimately
belong to the military service 1t may be pro
per to remark in this place that have been
assured by Federal civil officers that the use of
troops in executing judicial processes, aud en-
forcing the revenue and other civil laws seems
to increase rather than diminish the apparent
necessity of using such force. In civil mat
tiers the badly-disposed become more and more
eXasperated at being coerced by force
which they think has Eeen uncOnstitutionally y
employed against them, and the better-disposed
relax their efforts to punish local crimes on the
plea that this duty now devolvess on the mill
tary only. Hence, in the case of a robbery or
murder there is q call for Federal troops to
arrest and guard the criminals. 1t is, there
fore, question well worthy of consideration
whether the military power, In civil matters,
should not be limited to few wel-defned
cases, such riots aud Instructions, which
cannot be suppressed by local and State autho-
rites.


The report closes as follows:-


Although no very important military opera
tons have transpired in the division during the
past year, the industry and capacity of the De-
partment Commanders have been severely taxed
in executing the laws of Congress and settling
apparent conflicts of authority between militia
and civil officers 1t is very creditable to then
to be able to say that they have performed these
embarrassing duties in such manner as to re
ceive the approval OF their superiors, and Il
give general satisfaction to the people of thi
states in their respective commands.