Rensselaer Union, Volume 10, Number 44, Rensselaer, Jasper County, 18 July 1878 — A General Army Order. [ARTICLE]

A General Army Order.

Waamaarox. July 10. Gen. Sherman, in a general order, invites the attention of all officers of the army to a section in the Army Ap»riation bill providing that “it not belnwful to employ any part of the army as a posse comitalus 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.” The order contains the provisions of the Constitution and acts of Congress understood as intended to be exempt from the operation of the above section, and authorizing the employment of military forces for the purpose of executing the laws, namely: 1. The Fourth Article of the Constitution, declaring that the United States shall guarantee to every State in thia Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature or of the Executive (when the Ixjjjslatnro cannot be convened) against domestic violence. 2. The Civil Rights tew (Bees. 1,984, 1,989 and 1,991 of the Revised Statutes), which makes it lawful for the President to employ such part of the land or naval forces or of militia as may be necessary to aid In the execution of a judicial process, or as shall be necessary to prevent the violation and enforce the due execution of civil 3. The Elective Franchise law (See. 2,002), prohibiting the presence of troops near the poHs. unless it be necessary to repel armed enemies of the United States or to keep the peace at the polls. 4. The Indian laws (Secs. 2160, 2,151 and 2.152, R. 8.), which authorize the apprehension of every person who may be in the Indian country in violation of law, examination and seizure of stores, preventing the introductions of persons or pmpsrty into the Indian country contrary to law, and also in destroying and breaking up any distillery for manufacturing ardent spirits, set up or continued within the Indian country. 5. Sec. 2,460 of the Revised Statutes, authorizing the President to employ the military force to prevent felling, 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 already be felled or ent down, and to take such other ana further measures as may be deemed advisable for the preservation of the timber of the United States in Florida. 6. Sec. 5,287 of the Revised Statutes, making it lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval force of the United States or of the militia thereof as shall,be necessary to compel any foreign vessel to depart from the United States in all cases which by the laws of Nations or treaties of the United States she ought not to remain within the United States. 7. Sec. 5,297 of the Revised Statutes, which makes it lawful for the President, in case of 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 the militia of any other State or States which may be applied for as he deems sufficient to suppress such insurrection, or on like application to employ for the same purposes such part of the land or naval forces of the United States as he deems necessary; and Secs. 5,298, 5,299 and 5,316, authorizing the President to employ troops to enforce the laws whenever, by reason of unlawful obstructions, or assemblages of persons, or rebellion against the 'authority of the Government of the United States, the execution of the law is obstructed. 8. Sec. 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 assigns. The order concludes as follows: Officers of the army will not permit the use of troops under their command to aid the civil authorities as a notse comilatus, or in the execution of laws except as authorized in the foregoing enactments. When applications for the use of troops for these purposes are received, they must be forwarded through the military channel to the Adjutant-General for the consideration and action of the President.