Services of the Army During the Labor Strikes of 1894--Military
Control of the Pacific Railways--United States Troops in the City
of Chicago--Orders Sent to General Miles, and his Reports--The
Proclamation of the President--Instructions to Govern the Troops
in Dealing with a Mob--The Duties of the Military Misunderstood--
Orders of the President in Regard to the Pacific Railways.
In 1894 the vast development of railroad communication between the
Mississippi valley and the Pacific Ocean, and the similar building
of new cities and founding of industrial enterprises in the region
between the Rocky Mountains and the Pacific, both in anticipation
of the future development of the country rather then in response
to any demand then existing, having been substantially completed,
or suspended for an indefinite time, a large amount of capital so
invested was found for the time unproductive, and a great number
of laborers were left in the Pacific States without any possible
employment. The great majority of these laborers were, as usual,
without any accumulated means to pay their transportation to any
other part of the country, and hence were left to drift as they
might toward the East, subsisting by whatever means they could find
during their long tramp of many hundreds of miles. Similar and
other causes had produced at the same time industrial depression
throughout the country, so that the unfortunate laborers drifting
eastward were only an additional burden upon communities already
overloaded with unemployed labor. Thus the borrowing of foreign
capital to put into unprofitable investments, and the employment
of great numbers of laborers in making premature developments, met
with the consequences which are sure to follow disregard of natural
laws. The management of the Pacific railroads did not appear to
appreciate the wisdom of mitigating, so far as was in their power,
the evil which had resulted from their own policy, by giving free
transportation to the laborers who had been stranded on the Pacific
coast. Hence all the transcontinental roads were soon blocked by
lawless seizures of trains, and suffered losses far greater than
they saved in transportation. Indeed, the requisite transportation
of destitute laborers eastward would have cost the roads practically
nothing, while their losses resulting from not providing it were
very great. Every possible effort was made for a long time to deal
effectively with this evil by the ordinary course of judicial
proceedings; but such methods proved entirely inadequate. The
government was finally compelled, in consequence of the almost
total interruption of interstate commerce and of the transportation
of the United States mails and troops, to assume military control
along the lines of all the Pacific roads, and direct the department
commanders to restore and maintain, by military force, traffic and
transportation over those roads.
MILITARY CONTROL OF THE PACIFIC RAILWAYS
For some time those lawless acts did not seem to result from any
general organization. But they gradually developed into the
formidable character of a wide-spread conspiracy and combination,
with recognized general leaders, to obstruct and prevent the due
execution of the laws of the United States respecting transportation
and interstate commerce. The principal center of this conspiracy,
and by far the most formidable combination, was in Chicago, where
the greatest material interests, both public and private, were at
stake, though many other important railroad centers and many thousand
miles of road were involved. There the insurrection was so great
in numbers and so violent in its acts as to require the most prompt
and energetic action of a very large force to suppress disorder,
protect public property, and execute the laws. The city police
were utterly powerless in such an emergency, and deputy United
States marshals, though employed without limit as to numbers, were
no more effective. The State militia were not called out in time
to meet the emergency. Hence nothing remained but for the National
Government to exercise the military power conferred upon it by the
Constitution and laws, so far as the same were applicable.( 1)
Fortunately, the acts of Congress passed in pursuance of the
Constitution, although never before made effective in a similar
case, were found to give ample authority for the action then
required. Fortunately, also, the wise foresight of the government
in establishing a large military post at Fort Sheridan, near Chicago,
made a regiment of infantry, a squadron of cavalry, and a battery
of artillery immediately available for service in that city. But,
unfortunately, the commanding general of that department was absent
from his command, where superior military capacity was so much
needed at that time. Although the troops west of the Mississippi
had been engaged for a long time, under the President's orders, in
overcoming the unlawful obstruction of railroad traffic above
referred to, the general appears not to have anticipated any
emergency which would in his judgment require or justify such use
of troops in his own department, and hence remained in the Eastern
States, where he had gone some time before. From this it resulted
that when the troops at Fort Sheridan were ordered into Chicago,
the execution of the order devolved upon subordinate officers, and
the troops were so dispersed as to be unable to act with the
necessary effect.
It having become apparent that the services of troops would probably
be required in the city of Chicago, and in anticipation of orders
from the President, instructions were telegraphed on July 2 to the
commanding general of the Department of the Missouri to make
preparations to move the garrison of Fort Sheridan to the Lake
Front Park in the city. The reply of his staff-officer, Colonel
Martin, showed that the department commander, Major-General Miles,
was not in Chicago, and the adjutant-general of the army did not
know where he was, but, after several inquiries by telegraph,
learned that the general had started that afternoon from Long Island
for Washington instead of Chicago. The next day (July 3), in the
President's room at the Executive Mansion, in reply to my suggestion
that his presence was needed with his command, General Miles said
he was subject to orders, but that in his opinion the United States
troops ought not to be employed in the city of Chicago at that
time. No reply was made by the President or the Secretary of War,
who was also present, to that expression of opinion, but the
President approved my further suggestion that General Miles should
return at once to his command. The general started by the first
train, but could not reach Chicago in time to meet the emergency.
It became necessary in the judgment of the President to order the
Fort Sheridan garrison into the city in the afternoon of the same
day (July 3).
UNITED STATES TROOPS IN THE CITY OF CHICAGO
The instructions given the day before about moving the troops to
Lake Front Park were not complied with. From that point they could
most readily have protected the sub-treasury, custom-house, post-
office, and other United States property, and also have acted in
a formidable body at any other point where their service might
properly have been required. But instead of that, the troops were
so dispersed that they could not act with much effect anywhere,
and could give no protection whatever to the vast amount of United
States property exposed to destruction. This error appears to have
resulted in some measure from the too great deference paid by
commanding officers to the advice or wisdom of civil officers to
whom they were referred to for information, and much more from lack
of knowledge of the lawful relations existing between the national
troops and the civil authorities in this country, although those
relations had been plainly defined in an order dated May 25, quoted
below. Like ignorance in respect to the proper tactical methods
of dealing with insurrection against the authority of the United
States caused halting and ineffective action of the troops. To
correct this error and make known to all the rules which must govern
United States troops in like emergencies, the subjoined order,
dated July 9, was issued. The extracts from correspondence quoted
below, indicate the nature of the errors above referred to, and
their correction some time after the arrival of General Miles in
Chicago.
The garrison of Fort Sheridan proved sufficient, notwithstanding
the first faulty disposition and action of troops, to hold the mob
in check until reinforcements arrived from distant stations and
the State troops were brought into effective action. Finally, the
proclamation of the President of the United States, quoted below,
which was issued at the moment when ample military forces had been
placed in position to enforce his constitutional mandates, very
quickly terminated all forcible resistance to the execution of the
laws of the United States. The same result, though perhaps with
greater destruction of life and far less destruction of property,
would probably have been accomplished in a single day by the Fort
Sheridan garrison alone, acting in one compact body, according to
the tactics prescribed for such service. If a like occasion ever
again occurs, the action of the troops will doubtless be governed
by such tactics. Delay is too dangerous in such cases.
"(Telegram.)
"Headquarters of the Army, Washington, D. C., July 2, 1894.
"To the Commanding General, Department of the Missouri, Chicago,
Illinois.
"You will please make all necessary arrangements, confidentially,
for the transportation of the entire garrison of Fort Sheridan--
infantry, cavalry, and artillery--to the Lake Front Park in the
city of Chicago. To avoid possible interruption of the movement
by rail and by marching through a part of the city, it may be
advisable to bring them by steamboat. Please consider this matter,
and have the arrangements perfected without delay. You may expect
orders at any time for the movement. Acknowledge receipt, and
report in what manner the movement is to be made.
"J. M. Schofield, Major-General Commanding."
"(Telegram.)
"Chicago, Illinois, July 2, 1894.
"Adjutant-General U. S. Army, Washington, D. C.:
"Confidential despatch this date received at three-thirty P. M.
Arrangements can be made to bring troops from Sheridan to Lake
Front Park by steamer, but there would be difficulty in disembarking
them there, as the Van Buren street viaduct has been torn down;
and, besides, transportation from barracks to pier at Sheridan
would necessarily be slow. They can be brought from Sheridan to
Lake Front direct by rail, and disembark on grounds, thus avoiding
marching through city. Suggest the latter plan as best, especially
as rail transportation is now at the post sufficient to bring the
whole command--infantry, artillery, and cavalry--as soon as they
can be loaded on cars at that point.
"Martin, Asst. Adjt.-Genl.
"(in absence of Major-Genl. Comdg.)."
UNITED STATES TROOPS IN THE CITY OF CHICAGO
"(Telegram.)
"Washington, D. C., July 3, 1894, four o'clock P. M.
"To Martin, Adjutant-General, Hdqrs. Dept. of the Missouri, Chicago,
Ills.
"It having become impracticable, in the judgment of the President,
to enforce, by ordinary course of judicial proceedings, the laws
of the United States, you will direct Colonel Crofton to move his
entire command at once to the city of Chicago, leaving the necessary
guard at Fort Sheridan, there to execute the orders and processes
of the United States court, to prevent the obstruction of the United
States mails, and generally to enforce the faithful execution of
the laws of the United States. He will confer with the United
States marshal, the United States district attorney, and Edwin
Walker, special counsel. Acknowledge receipt, and report action
promptly.
"By order of the President:
"J. M. Schofield, Major-General."
"(Telegram.)
"Chicago, Ills, July 4, 1894.
"Adjutant-General U. S. Army, Washington, D. C.:
"At ten-fifteen this morning Colonel Crofton reports his command
in the city; located, infantry at Blue Island and Grand Crossing,
cavalry and artillery at stock-yards; cannot learn that anything
definite has been accomplished, but there has been no active trouble.
People appear to feel easier since arrival of troops. General
Miles is expected to arrive in city within an hour or at twelve.
"Martin, Asst. Adjt.-Genl."
"(Telegram.)
"Chicago, Ills., July 4, 1894.
"Adjt. Genl. U. S. Army, Washington, D. C.:
"Returned at eleven-thirty this morning.
"Miles, Maj.-Genl. Commanding."
"(Telegram.)
"Chicago, Ills., July 4, 1894.
"Adjutant-General U. S. Army, Washington, D. C.:
"Cavalry and artillery moving to the stock-yards were delayed by
obstructions placed upon the track, also cars being overturned on
track and the threatening mob in the vicinity. A report is received
that a mob of about two thousand men has gathered near Blue Island
and threatened to take that place at four o'clock this afternoon.
It is occupied by four companies of infantry. At the request of
U. S. Marshal Arnold, troops had been located at Blue Island, the
stock-yards, and the crossing at Forty-seventh street of the Lake
Shore and Rock Island railroads before my arrival, and others are
desired at South Chicago. I have directed all commanding officers
not to allow crowds or mobs to congregate about the commands in a
menacing or threatening manner, and to keep out pickets and guards;
and, after due warning, if the mobs approach the commands in a
threatening manner, they must be dispersed, even if firearms have
to be used. A large number of men in the city are wearing white
ribbon, the color ordered by Debs to indicate their allegiance to
his orders. Owing to the feeling of feverish excitement in the
city, and the large number of unoccupied, the condition of to-day
is more critical than at any other time. Most of the roads are
moving mail and passenger trains. All of the roads will attempt
to move their trains to-morrow morning. Sufficient number of men
are available and anxious to work to take the place of all the
strikers, provided proper protection can be given them. Seven
roads have moved a few cars of perishable freight. All the troops
from Sheridan are occupied, and I renew my recommendation that the
garrison be very largely increased at once to meet any emergency
that may arise. The effect of moving troops through the country,
especially from Kansas to Chicago, at this time would be desirable.
"Nelson A. Miles, Major-General Commanding."
Additional troops were concentrated in Chicago as rapidly as they
could be transported, until the force there aggregated about two
thousand men. More were in readiness to move if necessary.
ORDERS SENT TO GENERAL MILES, AND HIS REPORTS
"(Telegram.)
"Chicago, Ills., July 5, 1894.
"Adjutant-General, U. S. A., Washington, D. C.:
"Owing to the excellent discipline and great forbearance of officers
and men, serious hostilities were avoided yesterday; several small
fights and affrays occurred. Matters look more favorable to-day,
although interference exists on five roads. All railroads are
endeavoring to move freight and mail trains.
"Miles, Major-General Commanding."
"(Telegram.)
"Chicago, Ills, July 5, 1894.
"Adjutant-General U. S. Army, Washington, D. C.:
"The mob of several thousand are moving east along Rock Island
nearer center of city, overturning cars, burning station-houses,
and destroying property. There is a report that the mob intend
sacking some of the principal building near Rookery Building to-
night. The riot will soon embrace all the criminals of the city
and vicinity. Unless very positive measures are taken, the riot
will be beyond the control of any small force. Has the government
any additional instructions?
"Nelson A. Miles, Major-General Commanding."
"(Telegram--Confidential.)
"Chicago, Ills, July 5, 1894.
"Adjutant-General, U. S. Army, Washington, D. C.:
"While most of the roads are moving passenger and mail trains,
nearly all the freight trains are interfered with, and but very
few are moving. This morning a mob of over two thousand men gathered
at the stock-yards, crowded among the troops, obstructed the movement
of trains, knocked down a railroad official, and overturned some
twenty freight-cars on the track, which obstructs all freight and
passenger traffic in the vicinity of the stock-yards, and thereby
the transit of meat-trains to different parts of the country, as
well as the passenger traffic of the Rock Island Railroad. The
mob also derailed a passenger-train coming into the city on the
Pittsburg, Fort Wayne, and Chicago Railroad, and burned switches,
which destroys track. The injunction of the United States Court
is openly defied, and unless the mobs are dispersed by the action
of the police, or they are fired upon by United States troops, more
serious trouble may be expected, as the mob is increasing and
becoming more defiant. Shall I give the order for troops to fire
on mob obstructing trains?
"Miles, Major-General Commanding."
The following extracts from correspondence and orders, and the
proclamation of the President, with the foregoing explanation,
sufficiently indicate the methods by which the unlawful combination
in Chicago was suppressed:
"(Telegram.)
"Headquarters of the Army, Washington, D. C., July 5, 1894, 10:15
P. M.
"To Major-General Miles, Headquarters Department of the Missouri,
United States Army, Chicago, Illinois.
"In view of the situation in Chicago, as reported in your despatches
to the adjutant-general this evening, it is your duty to concentrate
your troops so as to enable them to act effectively either in
execution of the orders heretofore given, or in protecting the
property of the United States, as in your judgment may be necessary.
In any event, the troops should not be scattered or divided into
small detachments, nor should they attempt to do service in several
places at the same time, which their numbers will not enable them
to do effectively.
"The mere preservation of peace and good order in the city is, of
course, the province of the city and State authorities.
"J. M. Schofield, Major-General Commanding."
ORDERS SENT TO GENERAL MILES, AND HIS REPORTS
"(Telegram.)
"Chicago, Ills., July 6, 1894.
"Adjutant-General, U. S. A., Washington, D. C.:
"In accordance with the orders of the War Department, the troops
were sent to Blue Island, stock-yards, Grand Crossing, and Forty-
ninth street, at the request of the U. S. marshal. This disposition
was made before my arrival yesterday. The roads were obstructed
in several places by mobs; the largest and most violent gathered
near the stock-yards at noon, and gradually moved east along the
line of the Rock Island road, overturning cars, burning station-
house, roundhouse, and other property. The mob was estimated at
ten thousand men, three miles long and half a mile wide; it moved
steadily north until after dark, destroying property and setting
fires, and the cry of the mob was "To hell with the government!"
It reached Eighteenth street after dark, and then dispersed. While
this threatening movement was in action I withdrew some of the
troops on the outskirts of the city, and in the evening the battery
and one troop of cavalry, 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. During the afternoon,
night, and this morning I have concentrated nine (9) companies
infantry, troop cavalry, and the battery of artillery on the Lake
Front Park. This includes troops from Leavenworth and Brady.
During last night a proclamation was issued by the mayor directing
the police to disperse mobs and prevent the lawless from interfering
with railroads. If this order is executed there will be no further
trouble. One engineer has been stoned to death. During the night
a dozen fires were started in different places, but destroying very
little property, except the principal buildings of the World's Fair
and more than a hundred cars; this morning a mob has gathered near
the stock-yards in as large numbers as yesterday at this time; they
threatened to hang U. S. marshals and policemen. The law-breakers
constitute a very small percentage of the people. The mass of the
people desire the maintenance of law and order. The action of the
Chief Executive has given universal satisfaction.
"Miles, Major-General Commanding."
THE PROCLAMATION OF THE PRESIDENT
"By the President of the United States of America.
"A Proclamation.
"_Whereas_, by reason of unlawful obstructions, combinations, and
assemblages 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 assemblages; and I hereby
warn all persons engaged in, or in any way connected with, such
unlawful obstructions, combinations, and assemblages, 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 participants
and those who are mingled with them from curiosity and without
criminal intent. They only safe course, therefore, for those not
actually unlawfully participating is to abide at their homes, or
at least not to be found in the neighborhood of riotous assemblages.
"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 assaults 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 attitude 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
municipal governments will maintain peace and good order within
the territory of their jurisdiction. Should they fail or be
overpowered, the military forces will assist 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 assist in maintaining the civil government and the authority of
the municipal, State, and Federal governments in preserving peace
and good order.
"By command of Major-General Miles:
"J. P. Martin, Assistant 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 circumstances 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 circumstances 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
assemblages 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 municipal governments will
maintain peace and good order . . . . Should they fail or be
overpowered, the military force will assist 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 Constitution 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 Constitution 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 Constitution and laws.
Under the Constitution 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 passage 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 incumbent 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 massacre 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 passage 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 assemblages 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, constituting 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
assemblages 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
assemblages, 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.
"Done at the city of Washington, this ninth day of July, in the
year of our Lord one thousand eight hundred and ninety-four, and
in the independence of the United States the one hundred and
nineteenth.
"Grover Cleveland.
"By the President:
"W. Q. Gresham, Secretary of State."
[( 1) See the report of Attorney-General Olney, December 1, 1894,
p. 31.]