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314

MILITARY AID TO THE CIVIL POWER

No. 55

FORM FOR PROCLAMATION CALLING NATIONAL GUARD AND

NATIONAL GUARD RESERVE INTO FEDERAL SERVICE

A PROCLAMATION
BY THE PRESIDENT OF THE UNITED STATES

Whereas, the laws of the United States provide that whenever the United States is invaded or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable with the regular forces at his command to execute the laws of the Union, it shall be lawful for the President to call forth such number of militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose, through the governor of the respective State or Territory, or through the commanding general of the militia of the District of Columbia, from which State, Territory, or District such troops may be called, to such officers of the militia as he may think proper,

And, whereas the President is unable with the regular forces at his command to execute the laws of the Union, Now, therefore, I

President of the United States, by virtue of authority vested in me by the Constitution and the laws of the United States and through the governors of the respective States and Territories and the commanding general of the militia of the District of Columbia, do call into the service of the United States as of and from the day of

all members of the National Guard and of the National Guard Reserve of the United States, except such officers and enlisted men of the National Guard and National Guard Reserve as have been or may be specially notified by my authority that they will not be affected by this call.

The members of the National Guard and National Guard Reserve affected by this call will be concentrated at their respective armories and await the orders of the War Department.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this

day of

in the year of our Lord, one thousand nine hundred and

and of the independence of the United States of America the one hundred and

BY THE PRESIDENT:

Secretary of State.

APPENDICES

318

No. 56

FORM FOR LETTER OR TELEGRAM TO GOVERNORS CALLING

NATIONAL GUARD INTO FEDERAL SERVICE

Honorable.......

Governor of

My dear Governor:

Having in view the necessity of affording a more perfect protection against possible interference with postal, commercial, and military channels, and instrumentalities of the United States in the State of and being unable with the regular troops available at his command to insure the faithful execution of the laws of the Union in this regard, the President has thought proper to exercise the authority vested in him by the Constitution and laws to call out the National Guard necessary for the purpose. I am, in consequence, instructed by the President to call into the service of the United States forthwith, through you, the following units of the National Guard of the State of

which the President desires shall be assembled at their respective armories and await the orders of the War Department. (Insert units designated.)

Secretary of War.

No. 57

FORM FOR GENERAL ORDER ORDERING ORGANIZED RE

SERVE UNITS OR PERSONNEL INTO ACTIVE DUTY

War Department,
Washington, D. C.,

GENERAL ORDERS

No.........

1. By direction of the President and pursuant to the authority vested in him by the Joint Resolution of Congress, approved Organized Reserve units and members of the Officers' and Enlisted Reserve Corps will be ordered to active duty as follows:

a. All Organized Reserve units and all members of the Territorial Assignment Group, Officers' Reserve Corps, not assigned to Organized Reserve units will be ordered to active duty by their respective corps area of department commanders in such order and upon such dates as are deemed expedient by them in the execution of their mobilization plans.

b. All members of the Officers' and Enlisted Reserve Corps, not embraced in the above categories, will be ordered to active duty by The Adjutant General in such order and upon such dates as are deemed expedient by the War Department.

2. All directives issued by The Adjutant General or by corps area or department commanders, in compliance with the above, will state that such unit or units, and such personnel, are ordered to active duty “By direction of the President.'

BY ORDER OF THE SECRETARY OF WAR:

Chief of Staff

316

MILITARY AID TO THE CIVIL POWER

No. 58

FORM FOR PROCLAMATION UNDER R.S. 5301

A PROCLAMATION
BY THE PRESIDENT OF THE UNITED STATES
Whereas, on the

day of..

nineteen hundred and the President of the United States in view of unlawful obstructions, combinations, and assemblages of persons against the authority of the Government of the United States in the city of State of

Counties of the State of (State of .) (States of

..) and in pursuance of the provisions of the laws of the United States authorizing the calling forth of the militia and the employment of the land and naval forces to suppress such obstruction to the laws and such unlawful combinations and assemblages, did, in pursuance of the laws of the United States, issue a proclamation commanding obedience to the law and desistance from taking part in any such unlawful obstructions, combinations, and assemblages, and commanding 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 day of nineteen hundred and

; and Whereas, the President has employed a part of the land and naval forces and has called forth the militia to suppress such combinations against the laws of the United States, and to cause the laws to be faithfully executed; and

Whereas, the said insurgents have failed to disperse by the time directed by the President, and insurrection against the Government of the United States now exists in the said City (Counties) (State) (States) and in the Counties of

State of

(State of (States of

..), Now, therefore, I,

President of the United States, do declare that the inhabitants of the City of

State
Counties in the State of

-) (State of (States of

.) are in a state of insurrection against the United States, and that all commercial intercourse between the said City (Counties) (State) (States) and the inhabitants thereof, and the citizens of other parts of the United States is unlawful, and will remain unlawful until such insurrection shall cease or has been suppressed, and notice thereof has been duly given by proclamation; and all products, goods, chattels, wares, and merchandise coming from the said City (any of the said Counties) (said State) (any of said States) into other parts of the United States, or proceeding to the said City (any of said Counties) (said State) (any of said States) without the license and permission of the President through the Secretary of the Treasury, will, together with the vessel or vehicle containing the same, be forfeited to the United States.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this

day of

nineteen hundred and

and of the independence of the United States the one hundred and

BY THE PRESIDENT:

Secretary of State.

APPENDIX D

Forms, Etc., Relating to Martial Law

Page 317

No. 59. Form for President's proclamation declaring martial law.
No. 60. Order announcing martial law in theater of active military

operations..
No. 61. President's proclamation authorizing suspension of privilege

of writ of habeas corpus..

318

.318

No. 59

DECLARATION OF MARTIAL LAW
Whereas war exists between the United States and

and; Whereas the county (city) of

in the State of is within the theater of actual hostilities which render impossible the proper and unobstructed exercise of the jurisdiction of the courts in said county (city), and;

Whereas for the due and successful prosecution of said war by the United States and for the safeguarding of the military forces of the same and for the protection of persons and property within said county (city) which the civil authorities are powerless to protect, and for the due re-establishment of law and order therein, it is necessary that military authority be asserted over all persons and property within said country, (city); Now, therefore, I.

President of the United States, acting as Commander-in-Chief of the Armies and military forces of the United States, do hereby assume military command of and over the said county (city) of

and all property therein, and all civilians or other persons therein or which or who may hereafter come into said county (city) and I do hereby declare and proclaim that martial law exists therein.

And I do hereby admonish all persons in said county (city) to abstain from all words or acts which might be injurious to the military force of the United States or might embarrass or interfere with its operations or which might give aid or comfort to the enemy or which might retard the functions of the courts and I further admonish them to yield prompt and precise obedience to all orders, rules, and regulations which the local commander of said military force or any one thereto duly authorized by him may from time to time give or establish; hereby warning all persons who may do or say anything injurious to said military force or interfere with its operations or give aid or comfort to the enemy or who may violate the military orders, rules, or regulations given or established as aforesaid, that prompt and exemplary punishment will be visited upon them and that the pains and penalties consequent upon such acts or words cannot safely or properly be limited, and will not be limited to such pains and penalties as are fixed by

municipal or other law heretofore and normal and peaceful times prevailing in said county (city), and I do warn all persons who violate the laws now in force in said county (city), that they will be arrested and detained by the military forces until their cases can be otherwise disposed of.

318

MILITARY AID TO THE CIVIL POWER

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the City of Washington this

day of

in the year of our Lord

and of the independence of the United States the one hundred and

BY THE PRESIDENT AND COMMANDER-IN-CHIEF OF THE ARMIES AND MILI

TARY FORCES OF THE UNITED STATES.

Secretary of War.

No. 60

ORDER ANNOUNCING MARTIAL LAW IN THEATER OF ACTIVE

MILITARY OPERATIONS (G. O. No. 24 issued by Brigadier General Bragg at Pensacola, Fla., 20 April, 1861.)

I. All intercourse hereafter with Santa Rosa Island, Fort Pickens, or the United States fleet is strictly prohibited.

II. Martial law is declared to exist and will be rigidly enforced on all territory within five miles of the lines of this army.

No. 61

PROCLAMATION AUTHORIZING SUSPENSION OF PRIVILEGE

OF WRIT OF HABEAS CORPUS

(Issued by President Lincoln, 10 May, 1861.)

A PROCLAMATION

Whereas an insurrection exists in the State of Florida by which the lives, liberty and property of loyal citizens of the United States are endangered; and

Whereas it is deemed proper that all needful measures should be taken for the protection of such citizens and all officers of the United States in the discharge of their public duties in the State aforesaid:

Now, therefore, be it known that I, Abraham Lincoln, President of the United States, do hereby direct the commander of the forces of the United States on the Florida coast to permit no person to exercise any office or authority upon the islands of Key West, the Tortugas and Santa

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