the exigencies of the case,
I am embarrassed by lack of authority to deal with them effectually.
The punishment of crimes committed within Arizona should ordinarily,
of course, be left to the Territorial authorities; but it is worthy
consideration whether acts which necessarily tend to embroil the United
States with neighboring governments should not be declared crimes
against the United States. Some of the incursions alluded to may perhaps
be within the scope of the law (U.S. Revised Statutes, sec. 5286)
forbidding "military expeditions or enterprises" against friendly
states; but in view of the speedy assembling of your body I have
preferred to await such legislation as in your wisdom the occasion may
seem to demand.

It may perhaps be thought proper to provide that the setting on foot
within our own territory of brigandage and armed marauding expeditions
against friendly nations and their citizens shall be punishable as an
offense against the United States.

I will add that in the event of a request from the Territorial
government for protection by the United States against "domestic
violence" this Government would be powerless to render assistance.

The act of 1795, chapter 36, passed at a time when Territorial
governments received little attention from Congress, enforced this duty
of the United States only as to the State governments. But the act of
1807, chapter 39, applied also to Territories. This law seems to have
remained in force until the revision of the statutes, when the provision
for the Territories was dropped. I am not advised whether this
alteration was intentional or accidental; but as it seems to me that the
Territories should be offered the protection which is accorded to the
States by the Constitution, I suggest legislation to that end.

It seems to me, too, that whatever views may prevail as to the policy
of recent legislation by which the Army has ceased to be a part of the
_posse comitatus_, an exception might well be made for permitting
the military to assist the civil Territorial authorities in enforcing
the laws of the United States. This use of the Army would not seem to
be within the alleged evil against which that legislation was aimed.
From sparseness of population and other circumstances it is often quite
impracticable to summon a civil posse in places where officers of
justice require assistance and where a military force is within easy
reach.

The report of the Secretary of the I