my.
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
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