Forty-Six Years in the Army by John McAllister Schofield (best ebook reader under 100 .TXT) 📕

"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."

  "(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.

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 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.

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,