184 MILITARY AID TO THE CIVIL POWER Federal laws have repeatedly been modified or entirely repealed. The Government may be proceeded against by the people so long as they proceed in an orderly manner through the ballot or through their legally elected representatives. But they may not use violence or advocate its use. The Constitution, so long as it remains in effect, is the supreme law of the land, and, together with the federal statutes written in accordance therewith, must remain inviolate until modified or changed in the manner that the people themselves have prescribed. b. Radical organizations are divided into two broad classes, political and industrial. The former seek to influence the government by obtaining control of its political machinery, the latter by obtaining control of industry. Certain of the so-called radical organizations within the United States profess to adhere to the ballot as their weapon of attack, and many of their members loyally supported our Government in its prosecution of the World War; but they are nevertheless associated with the ultra-radical element in such way as to constitute a menace. c. Those ultra-radical organizations, both political and industrial, which advocate the use of force and violence to overthrow the existing government, or the taking away of private property from one class without due process of law and giving it to another, must be classed as illegal, not because the ends sought are necessarily improper, but because the means to be employed are repugnant to the Constitution and laws of the United States. DOMESTIC DISTURBANCES 185 SECTION II Instances of Use of Federal Troops in Domestic Disturbances In general The Dorr Rebellion Disturbances in Kansas, 1854-58 Labor strikes in 1877 Railroad strike in Chicago in 1894 Use of federal troops in San Franciso in 1906 Disturbances in West Virginia, 1921 Paragraph 3 7 8 9 10 3. IN GENERAL.-From the adoption of the Constitution to the present time, federal troops have been used in the suppression of domestic disturbances on more than a hundred separate occasions. Scarcely had the Constitution been adopted and an act passed authorizing the President to call out the militia when necessary to enforce the laws, when it became necessary for the President himself to head a military force to put down the Whiskey Rebellion. Many occasions for the use of the militia arose prior to 1808, during which year the President was authorized to use the land and naval forces of the United States in those cases where it was lawful for him to use the militia. Frequent occasions for the employment of the federal forces continued to arise thereafter, but it is neither necessary nor practicable to review them all. An examination of a few well selected cases will be sufficient to show the development that has taken place and to indicate the present policy of our Government. 4. THE DORR REBELLION.-a. The Dorr Rebellion, which occurred in Rhode Island in 1842, gave rise to the celebrated case of Luther vs. Borden (7 Howard, 1), in which the Supreme Court of the United States handed down several decisions that have gone far to shape the policy of our Government in cases of domestic civil disturbances. b. Many people in Rhode Island were dissatisfied with the government as regulated by the charter granted by 186 MILITARY AID TO THE CIVIL POWER Charles II in 1663. Attempts to secure reform having failed, a mass meeting was held in Providence in July, 1841, at which the assembling of a constitutional convention was authorized. This convention assembled and drafted a constitution which was submitted to popular vote in December, 1841, and it was claimed that a majority of the male population of voting age ratified it. In the meantime the "Charter Party," the adherents to the old order of things, had held a convention and submitted to popular vote a constitution which was rejected. In April, 1842, the opponents of the "Charter Party" called a general election under the new constitution which had been adopted. The election was held and a full board of officers was chosen, one of whom, Thomas Dorr, was named governor. The new government organized. About this time the "Charter Party" called upon the President of the United States for aid, but received the reply that, since no actual force had been used by the new government, he believed the danger to be overestimated. c. On the 18th of May, a body of men under Dorr assembled at Providence and attempted to seize the State arsenal, but this force dispersed upon the approach of Governor King with a party of militia. Dorr now left the State, and set about organizing an armed force for the purpose of moving against the then existing government of Rhode Island. When Governor King learned of Dorr's intentions, he again appealed to the President, who informed him that measures had been taken to ascertain the extent of the danger confronting the State government and that, if it was found that aid was necessary, it would be rendered in the manner prescribed by law. On June 23d, Dorr appeared within about ten miles of Providence with a force of about 1000 armed men. Governor King reported the condition of affairs to the President and again asked for troops, but President Tyler invited his attention to the fact that the legislature of Rhode Island was at that time in session and, therefore, that the Governor did not have authority to request aid, that being the function of the legislature when that body was in session or could be convened in time. On DOMESTIC DISTURBANCES 187 June 25th, the Rhode Island Legislature declared martial law and made provision for calling out about 3000 militia. This is believed to be the only instance in our history of a declaration of martial law by a legislature. d. In the meantime, it was represented that the earlier call of the Governor had been made in pursuance of the direction of the Legislature and, the present meeting of the Legislature being merely an adjourned one, the State, therefore, had complied with the law. President Tyler, who was keeping himself personally informed as to affairs in Rhode Island, sent the Secretary of War there on June 29th with instructions to honor any requisition that the Governor might make for troops and, if necessary, to call on the Governors of Massachusetts and Connecticut for such additional militia as might be needed to put down the rebellion. The Secretary carried with him a proclamation signed by President Tyler, which proclamation he was to release if circumstances warranted. There was no occasion for issuing it because Dorr's forces did not reassemble. e. Later, Dorr returned to the State, was tried on a charge of high treason, convicted, and sentenced to imprisonment for life. f. The case reached the Supreme Court of the United States through consideration of the act of the lower courts in which an action for trespass was brought by one Martin Luther, one of Dorr's adherents, against Luther M. Borden, a militiaman, who at the command of his captain had broken and entered Luther's house for the purpose of searching for and arresting Luther, who, it was believed, was concealed in the house. The decision of the court will be referred to later. 5. DISTURBANCES IN KANSAS, 1854-58.-a. The act of May 31, 1854, providing for the erection in the mid-continent of two immense territories, Nebraska and Kansas, and permitting the inhabitants of these territories to decide for themselves whether slavery should or should not exist within their limits, was the occasion for a political struggle which forms a very interesting chapter in our history. 188 MILITARY AID TO THE CIVIL POWER b. Almost immediately after the passage of the act, emigrants began to move to those territories from both slave and anti-slave states, and the time soon came when the inhabitants had to align themselves on one side or the other of the slavery question. c. In October, 1854, A. H. Reeder, who had been appointed governor of Kansas, arrived at Fort Leavenworth and took steps to organize a territorial government. An election, held in March, 1855, disclosed a large pro-slavery majority. Conflicts between the governor and the territorial legislature arose, and culminated in his attempt to move the seat of government to an obscure settlement on the Fort Riley reservation. Reeder was thereupon removed from office and Wilson Shannon of Ohio was appointed gov ernor. d. Shortly after the arrival of Shannon, the anti-slavery citizens assembled in convention, framed a constitution making Kansas a free-labor state, and on this demanded admission into the Union. In November, 1855, Governor Shannon reported to the President that he was satisfied that a secret military organization had been formed having for its object a forcible resistance to the laws; that prisoners were being forcibly taken from the sheriffs; that cattle were being killed; that property was being destroyed; that women and children were being driven out of the territory; that he had directed that all available militia be sent to the assistance of the sheriff, and that he must have federal troops to avoid bloodshed. e. President Pierce at once replied that all the power vested in the Federal Executive would be used to preserve order and enforce the laws, and that measures would be taken to call out the troops. A week later Governor Shannon sent a copy of this reply to Colonel Sumner, then commanding at Fort Leavenworth. Colonel Sumner declined to send troops until he had received direct orders to do so. f. Before the end of January, 1856, the situation had become acute. The President was advised that a force of armed men, with several pieces of artillery, was about to enter Kansas from Missouri with the avowed intention of |