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for on January 19, 1880, he addressed a letter to the Secretary of State asking that:

"The proclamation of the President of October 7, 1878, declaring martial law within the Territory of New Mexico be withdrawn."

To this the Secretary of State, on February 3, 1880, made the following reply:

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The proclamation referred to is the proclamation of preliminary warning contemplated by section 5300 of the Revised Statutes, and can not properly be considered a proclamation 'declaring martial law;' it does not suspend or authorize the suspension of the writ of habeas corpus, and it may in the absence of any further Executive proclamation be assumed to have fulfilled the purpose for which it was made at noon the 13th day of the same month, that being the time fixed by the President within which 'all persons engaged in or connected with said obstruction of the laws' were required ‘to disperse and retire peaceably to their respective abodes.""

30. INFLUENCE OF THIS UPON THE FORMULATION OF PLANS.-a. The fact that the President's proclamation under Section 5300 does not declare martial law, and the further fact that federal troops operating under either Section 5297 or 5298 are not operating under a martial law situation, are of vital importance to the commander or staff officer who may be charged with the formulation of plans for the suppression of internal disorders. Such plans should not look to the appointment of Army officers to take over the positions and functions of local civil officials, but should be designed with a view to supporting or reinstating and sustaining the proper local officials. The local government may be so shattered that for a brief period the will of the military commander may be almost the only law in the area. During this period he may command the area much as he would a military post or camp or the immediate theater of active military operations, and he may do whatever he considers proper and necessary in the direction of carrying out his mission. He may establish guards, feed civilians, etc., or even remove civilians from a prescribed area where such measure is considered necessary, but, unless the situation is so serious as to call for the establishment of martial law, he may not take over the administration of the local government.

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b. It may be urged that in a number of cases some or all of the local civil officials of the disturbed area will themselves be a part of the disturbing element, and that they should therefore be removed from office and others appointed to fill their places. They may have been arrested and placed in confinement and thereby rendered unable to perform their civil functions. The answer is that there will always be a civil official of the State or locality who has the power of removal and appointment, and he should be appealed to; but the power of such removal and appointment does not and can not reside in the military commander.

c. The purpose of both Sections 5297 and 5298 is to restore civil authority to the full exercise of its functions. as early as possible. This fact clearly points to cooperation with and maintenance of the civil authority as the proper military policy. Such policy in no way implies the subordination of the military to civil officials. It will rarely, if ever, be the case that civil authority will be absolutely powerless when it has the support of the United States military forces, and if the civil authorities are inclined to do their duty, as they usually are, it should be the policy to maintain the civil courts, whether of a State or of the United States, in the exercise of their powers, to give them every protection necessary, to make arrests for crime if the marshals or sheriffs are unable to do so, to turn the offenders over to the proper court for trial, to guard prisoners, both those who are accused of crime and those who have been convicted, when the proper civil authorities are unable to do so, and to arrest and hold suspected persons. Such policy will in almost any case soon put down the lawless element and restore the civil authority. In fact, with the exception of the Civil War, and possibly the Whiskey Insurrection in Washington's administration, there has not been a domestic disturbance in the United States that could not be quelled in the manner indicated. So long as disturbances usually arise from industrial grievances and not from purposes to overthrow the government, there will be so many law abiding citizens and friends of government, even in the most dis

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turbed localities, as to make it practicable to restore order by these methods.

d. Of course, there can be no serious objection to the preparation of additional plans for the exercise of martial law or military government in the extremely doubtful event that the situation should become so grave as to justify either of these measures, but such plans should be given only secondary consideration.

SECTION VI

Employment of Federal Troops to Aid
United States Civil Authorities

How United States civil authorities obtain the assistance of
federal troops

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Steps necessary before the aid of federal troops can be furnished under Section 5298

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Situations under Section 5298 compared with those under Section 5297

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31. How UNITED STATES CIVIL AUTHORITIES OBTAIN THE ASSISTANCE OF FEDERAL TROOPS.-The aid of federal troops may be furnished under Section 5298, R.S., either pursuant to a request therefor from federal civil officials, or without such request, provided the President is placed in possession of information such as to convince him that the employment of federal troops is necessary and justifiable under the circumstances. It is not necessary that the President state the source of his information. Such information will usually come from postal or railway mail authorities, from United States courts, from attorneys and marshals

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or other civil officials of the United States, or even from State officers or any other citizens. It is only necessary that the President regard himself as reliably informed that the conditions mentioned in Section 5298 exist.

32. STEPS NECESSARY BEFORE THE AID OF FEDERAL TROOPS CAN BE FURNISHED UNDER SECTION 5298.—a. These are not unlike those required in furnishing aid to State civil authorities under Section 5297, but omitting the first step. That is, there must be:

(1) A decision by the President that the case is a proper one for the employment of federal troops.

(2) A proclamation by the President reciting the situation and the law provided in such cases, and commanding the insurgents to disperse and retire peaceably to their respective abodes within a specified time.

(3) Orders by the President to the Secretary of War or a proper military commander for such employment of federal troops as he may deem necessary for the purpose, and

(4) Proper and formal instructions from the President to the commanding officer of the troops for his guidance and conduct during the period he is engaged in such service.

b. It must be remembered that we are speaking of employment under Section 5298, and this should not be confused with employment for the general purposes of selfdefense, protection of property of the United States, etc., in which case the troops may operate without a proclamation by the President, and may even be ordered out initially by a subordinate commander, without reference to the President, as will appear later.

33. SITUATION UNDER SECTION 5298 COMPARED WITH THOSE UNDER SECTION 5297.-a. The situations are similar, in that:

(1) Both fall short of amounting to martial law situations, so neither calls for the administration of the local government.

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(2) The aid to be given civil officials in either case is that of brushing aside interference so they will be able to resume the performance of their proper functions.

(3) The burden of preparing in peace time the necessary plans for suppressing the disorders will, in either case, fall principally upon corps area commanders and their staffs.

b. The situations are different, in that:

(1) A request for federal aid is required by law in one case, in the other it is not.

(2) The corps area commander would communicate in one case with the governor of the State or a designated representative of the governor, and with a United States marshal or other designated federal civil official in the other.

(3) The troops would cooperate with State civil officials and assist in enforcing the processes of State courts in one case, and with federal civil officials and assist in enforcing the processes of federal courts only in the other.

34. INFLUENCE OF THESE DIFFERENCES UPON COMMAND AND STAFF FUNCTIONS AND OPERATIONS.-It will at once be perceived that very little difference is indicated as to the actual fighting or tactical handling of the troops in the two situations. There are some differences of procedure, however, and differences in the plans to be prepared, that will now be considered.

35. PRESIDENT'S PROCLAMATION.-a. Let us suppose that a great railroad strike, such as that at Chicago in 1894, has resulted in obstruction to the United States civil authorities, and that it has assumed proportions which are beyond their control; that the situation has been laid before the President, and that he has directed a brigadier general of the War Department General Staff to proceed to the scene of the disturbance and render a report thereon; that this officer's report has been submitted, and, considered in connection with other reports, has satisfied the President that the situation is such as to warrant the aid of federal troops; and that the President has issued orders to the Secretary of

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