VI. Political disturbances in Louisiana, 1866–1876 .. Riots at New Orleans, 1866............. Outrages in Franklin County, 1868 Riots at New Orleans, 1871-1872 The affair of January 4, 1875.... VII. Political disturbances in Arkansas, 1874. VIII. Political disturbances in South Carolina........ Disorders at Columbia........... Disturbances in various States.. X. Disturbances in the Territories, 1878–1894.. Lawlessness in New Mexico, 1878 Disorder at Hastings, Nebr., 1879 EMPLOYMENT OF TROOPS IN THE ENFORCEMENT OF THE LAWS. [The small letters in the body of the text refer to notes at the bottom of each page, the small figures to documents in Part XIII.] Whenever, in the judgment of the President, it becomes necessary to use the military forces under this title, the President shall forthwith, by proclamation, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time. (Sec. 5300, Rev. Stat.) It is unlawful to employ any part of the Army of the United States, as a posse comitatus 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 any person wilfully violating this provision will be deemed guilty of a misdemeanor, and, on conviction thereof, will be punishable by a fine not exceeding $10,000 or imprisonment not exceeding two years, or by both such fine and imprisonment." (563, Army Regulations, 1901.) The provisions of the Constitution and of acts of Congress understood as intended to be excepted from the operation of the act of June 18, 1878 (20 Stat. L., 145), authorizing the employment of the military forces for the purpose of executing the laws, are as follows (564, Army Regulations, 1901): ARTICLE IV OF THE CONSTITUTION. § 4. The United States shall guarantee to every State in this 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 legislature can not be convened), against domestic violence. REVISED STATUTES OF THE UNITED STATES. CIVIL RIGHTS. SEC. 1984. The commissioners authorized to be appointed by the preceding section [sec. 1983] are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall a Sec. 15, act June 18, 1878. execute all such warrants or other process as the commissioners may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land and naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued. SEC. 1989. It shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as may be necessary to aid in the execution of judicial process issued under any of the preceding provisions, or as shall be necessary to prevent the violation and enforce the due execution of the provisions of this title. SEC. 1991. Every person in the military or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section [abolishing peonage]. INDIANS. SEC. 2118. Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands. SEC. 2147. The Superintendent of Indian Affairs, and the Indian agents and subagents, shall have authority to remove from the Indian country all persons found therein contrary to law; and the President is authorized to direct the military force to be employed in such removal. SEC. 2150. The military forces of the United States may be employed in such manner and under such regulations as the President may direct— First. In the apprehension of every person who may be in the Indian country in violation of law; and in conveying him immediately from the Indian country, by the nearest convenient and safe route, to the civil authority of the Territory or judicial district in which such person shall be found, to be proceeded against in due course of law; Second. In the examination and seizure of stores, packages, and boats, authorized by law; Third. In preventing the introduction of persons and property into the Indian country contrary to law; which persons and property shall be proceeded against according to law; Fourth. And also in destroying and breaking up any distillery for manufacturing ardent spirits set up or continued within the Indian country. SEC. 2151. No person apprehended by military force under the preceding section shall be detained longer than five days after arrest and before removal. All officers and soldiers who may have any such person in custody shall treat him with all the humanity which the circumstances will permit. SEC. 2152. The superintendents, agents, and subagents shall endeavor to procure the arrest and trial of all Indians accused of committing any crime, offense, or misdemeanor, and of all other persons who may have committed crimes or offenses within any State or Territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may authorize. The President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes. |