| OCR Text |
Show THE AEIinr AS A POSSE COMITATES. The army appropriation bill passed at tho late seaBion of congress contained con-tained a clause prohibiting the use of the military forcea of the United Statea except for purposes and in the cases authorized by the constitution, or by act of congress. Republicans have complained bitterly of thia clauae during the year, the general of the army and the secrctury of war have both thought proper to re(er to it in thoir annual reports, as being an unjustly restrictive provision, and the measure is likely to cccasion more or less acrimonious political discussion this winter. Republicans claim that it is a great hardship, and results in the encouragement and protection of viotenco ana wrong-doing iiniong the people, especially at the polls. Aa wo understand it, the posse comitatus clause did not change any existing law, nor was it now legislation. It eimply was intended to put 1 a stop to an illegal practice . that had grown up under republican rule. The army can now be used for all lawful purposes the same as before, be-fore, in the manner authorized by the constitution and by the laws made in pursuance thereof. The statutes having hav-ing beon flagrantly disregarded, made - tho clauso referred lo highly necessary. neces-sary. But what congress should now do is carefully revise and harmonize the laws in regard to the employment of federal troops. That the provision in ihe appropriation bill waa needed, ehows how necessary it is that the duties of soldiers and office, and of civil oilicials with respect to the mili-' tury should be belter defined and limited lim-ited than at present. The various acta of congress on the subject, passed at different times and under specially peculiar circumstances, and eome of - them under the influence and prea- euro of high partisan and sectional feeling, present a rather discordant and irregular picture of the variety and nature of the uses to which the army may be put. Some of these' lawa are cletuly not constitutional. Thia is shown by tho lact that tho posse comitatus clause- which changed no law w;w deemed a legal prohibition prohibi-tion against using the army in accordance accord-ance with certain existing statutes. One of these is the law still in the bojkd which Authorizes llin nco of I 1'eder.U troops aa a posse in aid ot Uui'.ed Statea marshals and super visors at election, and in tho enforcement enforce-ment of the KuKlux ace. To tho inability to us9 troops at the polls in tho ecutb, the republicans attribute democratic success in three or four of the states. None of these acta crude in their construction and liberty-suppressing in their natures tit Cue with precision tho circumstances cir-cumstances under which a-jd the extent to which the military shall act when called upon in aid of the civil power. Tbo matter is left almost al-most entirely to tho absolute discretion discre-tion and judgment of the army officer a grant of power not at all consistent with a civil republic. In times of war the military must necessarily act promptly and independently of the civil authority, the fuuetiona of the latter beiog temporarily suspended; but at, other limes the subordination of ihe military to the civil power is intended by the constitution and all lawful acts autfe thereunder. The constitution and laws then are the ! expounded and eu farced by the civil courts, ui.d not as taty are interpreted in orders frjm military bead quarters, and to'ditrs aud civilians are equally n quired to obvy them. Tuia is a civil and not a militaiy government, therefore tho numerous duubiiul statutes in ihe books, some giving questionable power to the army, and others as questionably depiiving the nvl.tury of, authority, should be burmoniii, and duties clearly defined. As the Liws now aro proper care cannot be t.ken to preserve the eubordinatiou ot the military to the civil arm of he cov-ernment cov-ernment in times ol the utmost quiet and peace. Under a Grant, as president, presi-dent, or a Cimerno aa secretary of war, the posse comitatus clause would amount to nothing, as either would find abundant authority for the use of tho troops lo control elections or lo answer partisan purposes. |
