AKMY OF THE UNITED STATES. 



31 



where, as declared by the act above quoted, it "is 

 expressly authorized by the Constitution or by acts 

 of Congress," then it is respectfully submitted that 

 Congress should give very careful attention to the 

 enumeration and specification of the cases in which 

 such use of troops is to be permitted. 



The proclamation of the President, spoken 

 of by the Secretary of War, in which Lincoln 

 County, New Mexico, was declared in a state 

 of insurrection, and an opening thus made for 

 the use of the army in the suppression of civil 

 disturbances, was as follows : 



Whereas, It is provided in the laws of the United 

 States that whenever, by reason of unlawful combi- 

 nation or assembly of persons, or a rebellion against 

 the authority of the Government of the United States, 

 it shall become impracticable, in the judgment of 

 the President, to enforce the ordinary course of ju- 

 dicial proceedings or the laws of the United States 

 within any State or Territory, it shall be lawful for 

 the President to call forth the militia of all the States, 

 and to employ such part of the land and naval force 

 as he may deem necessary, to enforce the execution 

 of the laws, or to suppress such rebellion in what- 

 ever State or Territory thereof the laws of the United 

 States may be forcibly opposed, or the execution 

 thereof forcibly obstructed ; and 



Whereas, It has been made to appear to me that, 

 by reason of unlawful combinations and assemblages 

 of persons in arms, it has become impracticable to 

 enforce, by the ordinary course of judicial proceed- 

 ings, the laws of the United States witliiu the Terri- 

 tory of New Mexico, especially within Lincoln Coun- 

 ty, and that the laws of the United States have been 

 therein forcibly opposed and the execution thereof 

 forcibly resisted ; a'nd 



Whereas, The laws of the United States require 

 that whenever it may be necessary, in the judgment 

 of the President, to use the militia for the purpose 

 of the faithful execution of the laws of the United 

 States, he shall forthwith, by proclamation, com- 

 mand such insurgents to disperse and retire peace- 

 ably to the irrespective abodes within a limited time : 



Now, therefore, I, Eutherford B. Hayes, President 

 of the United States, do hereby admonish all good 

 citizens of the United States, and especially of the 

 Territory of New Mexico, against aiding, counte- 

 nancing, abetting, or taking part in such unlawful 

 proceedings ; and 1 hereby warn all persons engaged 

 iii or connected with said obstruction to the laws to 

 disperse and return peaceably to their respective 

 abodes on or before October 13th, instant. 



In witness whereof, I have hereunto set my hand 

 and caused the seal of the United States to be affixed. 



Done at the city of Washington, this 7th day of 

 October, in the year of our Lord 1878, and of the in- 

 dependence of the United States the one hundred 

 and third. R. B. HAYES. 



By the President : F. W. SEWAKD, Acting Secretary 

 of State. 



The following is the letter of the Secretary 

 of War addressed to General Sherman relative 

 to the above proclamation : 



WAR DEPARTMENT, [ 

 WASHINGTON, October 8th. 



GENERAL: The President has issued a proclama- 

 tion, declaring that by reason of unlawful obstruc- 

 tion, combinations, and assemblages of persons, the 

 laws of the United States within the Territory of 

 New Mexico, and especially in Lincoln County there- 

 in, can not be enforced by the ordinary course of ju- 

 dicial proceedings, and commanding the persons 

 comprising such combinations or assemblages to dis- 

 perse and repair peaceably to their respective abodes 

 before 12 o'clock, noon, on the 13th instant. This 

 proclamation is preliminary to the employment of 

 the troops of the United States to preserve the peace 



and enforce the laws in case the disturbances and 

 unlawful combinations continue after the time named. 

 The President therefore directs that you instruct the 

 proper military officer that after the time above men- 

 tioned haa expired he will proceed to disperse by 

 military force all such unlawful combinations or as- 

 semblages of persons within said Territory, and that 

 he will, by the use of such force, and so long as re- 

 sistance to the laws shall continue, aid the Governor 

 and authorities of the Territory in keeping the peace 

 and enforcing the laws. 



I have the honor to remain your obedient servant. 

 GEOEGE W. McCEAEY, Secretary of War. 



To General W. T. SHERMAN. 



The orders were accordingly given to the 

 Brigadier-General commanding the Military 

 Department of Missouri to employ, if neces- 

 sary to enforce the conditions announced by 

 the President, the forces under his command 

 at the time and for the purposes indicated. 



During the prevalence of the yellow fever in 

 the Southern States, the War Department sent 

 forward rations, tents, and some medicines to 

 the destitute in New Orleans, Memphis, Grena- 

 da, and Chattanooga. 



For the improvement of rivers and harbors, 

 for the promotion of the general commerce of 

 the country, the sum of $5,015,000 was granted 

 for 1877, nothing for 1878, and $5,015,000 was 

 asked for 1879. 



The Quartermaster's Department moved du- 

 ring the year 79,260 passengers, 11,400 beasts, 

 and 1Q9,261 tons of military material. There 

 are in the office of the Quartermaster-General 

 twenty four thousand claims and accounts un- 

 settled, calling for $13,000,000. 



The work upon the seacoast defenses, owing 

 to the lack of appropriations, has been limited 

 to the care and preservation of the works. 

 The system governing the construction of the 

 works of defense was elaborated and adopted 

 in 1869, the main features of which are the use 

 of heavy earthen barbette batteries, protected 

 by high traverses, and arranged for guns and 

 mortars of large caliber, to be supplemented in 

 the future by guns of the heaviest modern cali- 

 ber, and of obstructions in the channels (mainly 

 electrical torpedoes) to prevent vessels from 

 running past the batteries. The Chief of En- 

 gineers recommends, in addition to complet- 

 ing the open batteries already partially con- 

 structed, the conversion of some of the case- 

 mated forts for the reception of guns of the 

 largest caliber behind armor-plates of iron. 

 The trials and experiments with the torpedo 

 defense have continued at Willett's Point with 

 satisfactory results. The battalion of engineers, 

 under the law reducing the army, has been 

 fixed at 200 enlisted men. This number is 

 thought to he too small for the efficient per- 

 formance of the duties required of them. 



On October 1st there were in store as a re- 

 serve supply only 22,585 arms of the latest 

 model. The Hotchkiss gun has been approved 

 by the board of officers convened by order of 

 the Secretary of War for the purpose of rec- 

 ommending a magazine gun for the military 

 service. 



