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.