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Chapter XXVIII
- 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 than 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
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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.
For some time these 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,
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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 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 the 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,
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the execution of the order devolved on 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 for
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).
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 services
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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 wishes of civil officers to whom they were referred 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 all 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 the 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
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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.)
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.
(Telegram.)
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.
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(Telegram.)
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:
(Telegram.)
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.
(Telegram.)
Returned at eleven-thirty this morning.
Miles, Maj.-Genl. Commanding.
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(Telegram.)
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 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 that 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.
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.
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(Telegram.)
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.)
The mob of several thousand are moving east along
Rock Island nearer center of city, overturning cars, burning stationhouses, and destroying property.
There is a report that the mob intend sacking some of the principal buildings 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?
(Telegram—Confidential.)
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
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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.)
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.
(Telegram.)
In accordance with the orders of the War Department, the troops were sent to
Blue Island, stock-yards,
Grand Crossing,
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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 a 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.
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
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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 certainty permit discrimination between guilty participants and those who are mingled with them from curiosity and without criminal intent.
The 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 ninetyfour,
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and of the independence of the
United States the one hundred and nineteenth.
(General orders, no. 6.)
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
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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:
(General orders, no. 23.)
Headquarters of the army, adjutant-General's office,
Washington, July 9, 1894.
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 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
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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:
(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 orders 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
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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:
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 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.
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
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‘called into 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 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 and laws
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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.
Tle 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 the civil officers resume their functions.
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
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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 in 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 press reporters that a grand conclave at
Denver that night was to consider a proposition to order out all the train-men on
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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.
The following are in substance the orders sent on July 6 and 7, by the
President's direction, to all the department commanders ill 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 conveying troops could be moved.
No serious opposition or resistance was offered anywhere.
(Telegram.)
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 11 of the act approved July 2, 1864, constituting the
Northern Pacific Railroad ‘a post route and military road subject to the use of
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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.’
(Telegram.)
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.
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
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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 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 be 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 of the independence of the
United States the one hundred and nineteenth.
