Lawlessness In Arizona. Message From The President Of The United States, In Relation To Disorders And Lawlessness In Arizona

ARTHUR, CHESTER A. [PRESIDENT]

Publication: Government Printing Office, 1882, Washington

47th Congress, 1st Session, House of Representatives, Ex. Doc No. 188. 3 pp. removed from bound volume. Transmits letters from President Chester A. Arthur who writes that he is "advised that an alarming state of disorder continues to exist within the Territory of Arizona, and that lawlessness has already gained such head there as to require a resort to extraordinary means to repress it." The Governor of the Territory…"reports that violence and anarchy prevail, particularly in Cochise County, and along the Mexican border; that robbery, murder, and resistance to law have become so common as to cease causing surprise; and that the people are greatly intimidated and losing confidence in the protection of the law. Much of this disorder is caused by armed bands of desperadoes known as cowboys, by whom depredations are not only committed within the Territory, but it is alleged predatory incursions made therefrom into Mexico." President Arthur request of Congress a posse comitatus from the Army to help quell the violence and restore order. The Posse Comitatus Act, enacted in 1878, forbade the use of the US Army, as a posse comitatus or for law enforcement purposes without the approval of Congress. In addition, there is a letter dated March 31, 1882, from Arizona Territory Governor F. A. (Frederick Augustus) Tritle written from Tombstone on March 1882 to President Arthur making the request for help. Finally a letter dated April 11, 1882, from General William T. Sherman to the Hon. B. H. Brewster, Attorney-General of the United States is also printed. General Sherman writes the Attorney General telling him of the trouble in the Territory and states the Army could handle it if it were not for posse comitatus, which he feels should be repealed, especially in the Territories. He goes on to state that if Congress will not repeal that law promptly, he advises the adoption of Governor Tritle's plan as telegraphed in his message to the President on March 31, of the appropriation of $150,000 to enable him to hire suitable posse to aid the sheriff and marshals in preventing stage robberies, and smuggling, cattle stealing, etc. It is idle to expect of the miners and scattered ranchmen the difficult and dangerous service of posse to arrest desperate cattle thieves, smugglers, and robbers, well mounted and well armed, with thorough organization and sympathy of some of the people.

Inventory Number: 53078