Forty-Six Years in the Army Part 33

"A Proclamation.

"Whereas, by reason of unlawful obstructions, combinations, and a.s.semblages of persons, it has become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within the State of Illinois, and especially in the city of Chicago, within said State:

"And whereas, for the purpose of enforcing the faithful execution of the laws of the United States and protecting its property and removing obstructions to the United States mails, in the State and city aforesaid, the President has employed a part of the military forces of the United States:

"Now, therefore, I, Grover Cleveland, President of the United States, do hereby admonish all good citizens and all persons who may be, or may come, within the city and State aforesaid, against aiding, countenancing, encouraging, or taking any part in such unlawful obstructions, combinations, and a.s.semblages; and I hereby warn all persons engaged in, or in any way connected with, such unlawful obstructions, combinations, and a.s.semblages, to disperse and retire peaceably to their respective abodes on or before twelve o'clock noon on the ninth day of July instant.

"Those who disregard this warning and persist in taking part with a riotous mob in forcibly resisting and obstructing the execution of the laws of the United States, or interfering with the functions of the government, or destroying or attempting to destroy the property belonging to the United States or under its protection, cannot be regarded otherwise than as public enemies.

"Troops employed against such a riotous mob will act with all the moderation and forbearance consistent with the accomplishment of the desired end; but the stern necessities that confront them will not with certainly permit discrimination between guilty partic.i.p.ants and those who are mingled with them from curiosity and without criminal intent. They only safe course, therefore, for those not actually unlawfully partic.i.p.ating is to abide at their homes, or at least not to be found in the neighborhood of riotous a.s.semblages.

"While there will be no hesitation or vacillation in the decisive treatment of the guilty, this warning is especially intended to protect and save the innocent.

"In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be hereto affixed.

"Done at the city of Washington, this eighth day of July, in the year of our Lord one thousand eight hundred and ninety-four, and of the independence of the United States the one hundred and nineteenth.

"Grover Cleveland.

"By the President: "W. Q. Gresham, Secretary of State."

"(General Orders, No. 6).

"Headquarters Department of the Missouri, Chicago, Illinois, July 9, 1894.

"To all United States troops serving in the Department of the Missouri.

"The acts of violence committed during the past few days in obstructing the mail-trains and post-roads; the blocking of the interstate commerce; the open defiance and violation of the injunction of the United States Court; the a.s.saults upon the Federal forces in the lawful discharge of their duties; the destruction, pillage, and looting of the inland commerce property belonging to citizens of the different States, and other acts of rebellion and lawlessness, have been of such a serious character that the duties of the military authorities are now clearly defined.

"The proclamation of the President, the commander-in-chief of the land and navy forces and the State militia when called into service, is understood by the military to be in the interests of humanity and to avoid the useless waste of life, if possible. It is an executive order for all law-abiding citizens to separate themselves from the law-breakers and those in actual hostility to the action of the United States Court and the laws of the National Government. He has defined the att.i.tude of these law-breakers to be that of enemies of the government, and hence it is the duty of the military forces to aid the United States marshals to disperse, capture, or destroy all bodies of men obstructing the mail-routes and in actual hostility to the injunction of the United States Court and the laws of the United States.

"This does not change the relations of the Federal officials with those of the local authority, as it is expected that the State and munic.i.p.al governments will maintain peace and good order within the territory of their jurisdiction. Should they fail or be overpowered, the military forces will a.s.sist them, but not to the extent of leaving unprotected property belonging to or under the protection of the United States.

"The officer in the immediate command of troops must be the judge as to what use to make of the forces of his command in executing his orders, and in case serious action be required and there be time, he will communicate with his next superior for his instructions.

"The earnest efforts of the law-abiding citizens have done much to improve the condition of affairs during the last few days, and I earnestly request all law-abiding citizens to do whatever is possible to a.s.sist in maintaining the civil government and the authority of the munic.i.p.al, State, and Federal governments in preserving peace and good order.

"By command of Major-General Miles: "J. P. Martin, a.s.sistant Adjutant-General."

"(General Orders, No. 23) "Headquarters of the Army, Adjutant-General's Office, Washington, July 9, 1864.

"The following instructions are published for the government of the army: "A mob forcibly resisting or obstructing the execution of the laws of the United States, or attempting to destroy property belonging to or under the protection of the United States, is a public enemy.

"Troops called into action against such a mob are governed by the general regulations of the army and military tactics in respect to the manner in which they shall act to accomplish the desired end. It is purely a tactical question in what manner they shall use the weapons with which they are armed-whether by the fire of musketry and artillery, or by the use of the bayonet and saber, or by both, and at what stage of the operations each or either mode of attack shall be employed.

"This tactical question must necessarily be decided by the immediate commander of the troops, according to his best judgment of the situation and the authorized drill regulations.

"In the first stage of an insurrection lawless mobs are frequently commingled with great crowds of comparatively innocent people drawn there by curiosity and excitement, and ignorant of the great danger to which they are exposed. Under such circ.u.mstances the commanding officer should withhold the fire of his troops, if possible, until timely warning has been given to the innocent to separate themselves from the guilty.

"Under no circ.u.mstances are the troops to fire into a crowd without the order of the commanding officer, except that single sharp- shooters, selected by the commanding officer, may shoot down individual rioters who have fired upon or thrown missiles at the troops.

"As a general rule, the bayonet alone should be used against mixed crowds in the first stages of a revolt. But as soon as sufficient warning has been given to enable the innocent to separate themselves from the guilty, the action of the troops should be governed solely by the tactical considerations involved in the duty they are ordered to perform. They are not called upon to consider how great may be the losses inflicted upon the public enemy, except to make their blows so effective as to promptly suppress all resistance to lawful authority, and to stop the destruction of life the moment lawless resistance has ceased. Punishment belongs not to the troops, but to the courts of justice.

"By command of Major-General Schofield: "Geo. D. Ruggles, Adjutant-General."

INSTRUCTIONS IN DEALING WITH A MOB

"(General Orders, No. 15) "Headquarters of the Army, Adjutant-General's Office, Washington, May 25, 1894.

"The following instructions are issued for the government of department commanders: "Whenever the troops may be lawfully employed, under the order of the President, to suppress 'insurrection in any State against the government thereof,' as provided in section 5297 of the Revised Statutes; or to 'enforce the execution of the laws of the United States' when 'by reason of unlawful obstructions, combinations, or a.s.semblages of persons' it has 'become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States,' as provided in section 5298 of the Revised Statutes, the troops are employed as a part of the military power of the United States, and act under the orders of the President, as commander-in-chief, and his military subordinates. They cannot be directed to act under the orders of any civil officer. The commanding officers of the troops so employed are directly responsible to their military superiors. Any unlawful or unauthorized act on their part would not be excusable on the ground of any order or request received by them from a marshal or any other civil officer.

"By command of Major-General Schofield: "Geo. D. Ruggles, Adjutant-General."

It appears to have been thought in Chicago that "the request of the United States marshal," with whom the commanding officer of the troops had been directed to "confer," was equivalent to "orders of the War Department," notwithstanding the order of May 25, above quoted, strictly prohibiting any such use of the troops. Hence the faulty disposition of the troops which was corrected when the mob was approaching the heart of the city. Then "some of the troops on the outskirts of the city" were withdrawn, and "in the evening the battery and one troop of cavalry" were moved "to the Lake Front Park, for the purpose of attacking the mob should it reach the vicinity of the government building between Adams and Jackson sts." And during the afternoon and night of the 5th and morning of the 6th an effective force was concentrated on the Lake Front Park, forty-eight hours after the time when the orders from Washington indicated that the Fort Sheridan garrison should be at that place.

THE DUTIES OF THE MILITARY MISUNDERSTOOD

On July 9, the day after the President had issued his proclamation, it appeared in Chicago that "the duties of the military authorities are now clearly defined." The President's proclamation was "understood by the military to be in the interests of humanity," and to concern, in some way, "the State militia," as if they had been "called into the service" of the United States. It was "the duty of the military forces to aid the United States marshals." Again, "it is expected the State and munic.i.p.al governments will maintain peace and good order ... . Should they fail or be overpowered, the military force will a.s.sist them . . "-and this notwithstanding the well-known law on that subject to which allusion was made in the despatch of July 5 from the headquarters of the army.

The President's proclamation was strictly limited to "the purpose of enforcing the faithful execution of the laws of the United States, and protecting its property, and removing obstructions to the United States mails," for which purpose the proclamation stated "the President has employed a part of the military forces of the United States"-not is about to employ, but has employed, under specific orders, which were telegraphed to Colonel Martin on July 3, to do certain things which were precisely the things specified in the proclamation of July 8, and not "to aid the United States marshals" in doing those things or any others. Yet it was not until July 9, six days after the order to Colonel Martin, that those duties became "clearly defined," and then they were misunderstood in the very essential particulars above specified.

The lawless interruption of traffic on the Pacific roads had continued from the latter part of April till early in July,-two months and a half,-in spite of all the efforts to enforce the laws, in each special case, by the ordinary course of judicial proceedings. Yet as soon as full discretionary authority was given to the several department commanders to act promptly as each emergency might require, all obstruction to the operations of the Pacific railroads rapidly disappeared.

The ordinary course of judicial proceedings is generally far too slow to produce satisfactory results when military force is required. Fortunately the Const.i.tution and laws of the United States do not require such ineffective mixture of civil and military methods. When the civil power ceases to be effective and the President is required to exercise his authority as commander-in-chief of the army, his acts become purely military, untrammeled by any civil authority whatever. This is perhaps one of the strongest and most valuable provisions of the Const.i.tution and laws-one which, if generally known, is most likely to deter the lawless from any attempt to act in defiance of the judicial authority of the United States. The General Order No. 15, issued at the time herein referred to (May 25, 1894), was based upon the foregoing interpretation of the Const.i.tution and laws.

Under the Const.i.tution and existing statutes of the United States it is not proper to use the troops, either in large or small numbers, to "aid the United States marshals." When the civil officers, with their civil posse, are no longer able to enforce the laws, they stand aside, and the military power, under the orders of the commander-in-chief, steps in and overcomes the lawless resistance to authority. Then the civil officers resume their functions, to make arrests of individuals, hold them in custody, and deliver them to the courts for trial. It is not the duty of the troops in such cases to guard prisoners who are in the custody of civil officers; but it is the duty of the troops, if necessary, to repel by force of arms any unlawful attempt to rescue such prisoners. This distinction should be clearly understood by all army officers, and it is of universal application. The duty of the army is, when so ordered by the President, to overcome and suppress lawless resistance to civil authority. There military duty ends, and civil officers resume their functions.

THE DUTIES OF THE MILITARY MISUNDERSTOOD

The distinction between the authority of the United States and that of the several States is so clearly defined that there can be no possible excuse for ignorance on that subject on the part of any officer of the army. But the relation between the civil and the military authorities of the United States had not been clearly defined, after the pa.s.sage of the "Posse Comitatus Act," until the order of May 25, 1894, was issued. But that can hardly excuse continued ignorance of the law a month or more after that order was issued; and it is worthy of note that at least one department commander showed himself familiar with the law before the order was issued, by correcting the mistake of a subordinate, which called attention to the necessity of issuing some such order.

Of course that order had the sanction of the President, after consideration and approval by the Attorney-General, before it was issued.

The acts of Congress creating the Pacific railroads and making them military roads justify and require that the government give them military protection whenever, in the judgment of the President, such protection is needed. It is not inc.u.mbent on the commander- in-chief of the army of the United States to call on civil courts and marshals to protect the military roads over which he proposes to move his troops, whether on foot or on horseback or in cars. It appears to have been almost forgotten that the transcontinental railroads were built, at great expense to the national treasury, mainly as a military bond between the Atlantic States and the Pacific States, and that this is by far their most important service, and this explains the meaning of the language employed by the acts of Congress creating them.

At the time of the ma.s.sacre of Chinese laborers at Rock Springs, Wyoming, during President Cleveland's first administration, I was ordered by the President to go to that place from Chicago and suppress that violation of the treaty obligations between this country and China. On my arrival at Omaha, I was informed by the press reporters that a grand conclave at Denver that night was to consider a proposition to order out all the train-men on the Union Pacific Railroad the next morning, for the purpose, as I understood, of preventing the pa.s.sage of my train. I told the reporters they might telegraph those people in Denver, but not for publication, that I was traveling over a military road, on military duty, under orders from the commander-in-chief of the army; that interference with that journey would be regarded by me as an act of war, and would be so treated. I heard no more on that subject. That interpretation of the Pacific Railroad acts was suggested several times, but never officially accepted until 1894.

ORDERS OF THE PRESIDENT

The following are in substance the orders sent on July 6 and 7, by the President's direction, to all the department commanders in the country traversed by the Pacific railroads, and the President's proclamation which followed two days later, under the operation of which traffic was resumed throughout all that vast region of country as rapidly as trains carrying troops could be moved. No serious opposition or resistance was offered anywhere.

"(Telegram.) "Headquarters of the Army, Washington, July 7, 1894.

"Brigadier-General Otis, Commanding Department of the Columbia, Vancouver Barracks, Washington: "In view of the fact, as substantiated by communications received from the Department of Justice, from military official reports, and from other reliable sources, that by reason of unlawful obstructions, and combinations or a.s.semblages of persons, it has become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States, and to prevent obstructions of the United States mails, and interruptions to commerce between the States, on the line of the Northern Pacific Railroad, and to secure to the United States the right guaranteed by section II of the act approved July 2, 1864, const.i.tuting the Northern Pacific Railroad 'a post route and military road subject to the use of the United States for postal, military, naval, and all other government service,' you are directed by the President to employ the military force under your command to remove obstructions to the mails, and to execute any orders of the United States courts for the protection of property in the hands of receivers appointed by such courts, and for preventing interruption of interstate commerce, and to give such protection to said railroad as will prevent any unlawful and forcible obstruction to the regular and orderly operation of said road 'for postal, military, naval, and all other government service.'

"J. M. Schofield, Major-General Commanding."

"(Telegram) "Headquarters of the Army, Washington, July 7, 1894.

"Brigadier-General Otis, Commanding Department of the Columbia, Vancouver Barracks, Washington: "The order of the President sent you this morning by telegraph is the same in substance as one sent last night to General Merritt, the purpose being to extend military protection over the entire line of the Northern Pacific Railroad from St. Paul to Puget Sound. In the movement of the troop-trains along the line of the road in the execution of this order, the Department of Justice will furnish a sufficient force of marshals to make arrests and hold prisoners subject to the orders of the United States courts. You will please concert with General Merritt by direct correspondence the necessary exchanges of guards upon moving trains at the military posts in your department and in his, nearest to each other, so that the troops may return to their proper stations without unnecessary delay.

"J. M. Schofield, Major-General Commanding."

"By the President of the United States of America.

"A Proclamation.

"Whereas, by reason of unlawful obstruction, combinations, and a.s.semblages of persons, is has become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States at certain points and places within the States of North Dakota, Montana, Idaho, Washington, Wyoming, Colorado, and California, and the Territories of Utah and New Mexico, and especially along the lines of such railways traversing said States and Territories as are military roads and post routes, and are engaged in interstate commerce and in carrying United States mails:

"And whereas, for the purpose of enforcing the faithful execution of the laws of the United States, and protecting property belonging to the United States or under its protection, and of preventing obstructions of the United States mails and of commerce between the States and Territories, and of securing to the United States the right guaranteed by law to the use of such roads for the postal, military, naval, and other government service, the President has employed a part of the military forces of the United States:

"Now, therefore, I, Grover Cleveland, President of the United States, do hereby command all persons engaged in, or in any way connected with, such unlawful obstructions, combinations, and a.s.semblages, to disperse and retire peaceably to their respective abodes on or before three o'clock in the afternoon on the tenth day of July instant.

"In witness whereof, I have hereunto set my hand, and caused the seal of the United states to he hereto affixed.