‘called into service’ of the United States
It was ‘the duty of the military forces to aid the United States
Again, ‘it is expected the State
and municipal governments will maintain peace and good order. . . . Should they fail or be overpowered, the military forces 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 interruptions 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