EXECUTIVE MANSION, _April 26, 1882_.
_To the Senate and House of Representatives_:
By recent information received from official and other sources I am
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, under date of the 31st ultimo, 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. I transmit his communication herewith and call especial attention
thereto.
In a telegram from the General of the Army dated at Tucson, Ariz., on
the 11th instant, herewith transmitted, that officer states that he
hears of lawlessness and disorders which seem well attested, and that
the civil officers have not sufficient force to make arrests and hold
the prisoners for trial or punish them when convicted.
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 are made therefrom
into Mexico. In my message to Congress at the beginning of the present
session I called attention to the existence of these bands and suggested
that the setting on foot within our own territory of brigandage and
armed marauding expeditions against friendly nations and their citizens
be made punishable as an offense against the United States. I renew this
suggestion.
To effectually repress the lawlessness prevailing within the Territory a
prompt execution of the process of the courts and vigorous enforcement
of the laws against offenders are needed. This the civil authorities
there are unable to do without the aid of other means and forces than
they can now avail themselves of. To meet the present exigencies the
governor asks that provision be made by Congress to enable him to employ
and maintain temporarily a volunteer militia force to aid the civil
authorities, the members of which force to be invested with the same
powers and authority as are conferred by the laws of the Territory upon
peace officers thereof.
On the ground of economy as well as effectiveness, however, it appears
to me to be more advisable to permit the cooperation with the civil
authorities of a part of the Army as a _posse comitatus_. Believing
that this, in addition to such use of the Army as may be made under the
powers already conferred by section 5298, Revised Statutes, would be
adequate to secure the accomplishment of the ends in view, I again call
the attention of Congress to the expediency of so amending section 15
of the act of June 18, 1878, chapter 263, as to allow the military
forces to be employed as a _posse comitatus_ to assist the civil
authorities within a Territory to execute the laws therein. This use of
the Army, as I have in my former message observed, would not seem to be
within the alleged evil against which that legislation was aimed.