The Constitution requires that the United States shall protect each of
the States against invasion, “and on application of the legislature,
or of the executive (when the legislature cannot be convened), against
domestic violence.” There was plenty of domestic violence in the city
of Chicago and in the State of Illinois during the early days of
July, 1894; but no application was made to the Federal Government for
assistance. It was probably a very fortunate circumstance that the
presence of United States soldiers in Chicago at that time did not
depend upon the request or desire of Governor Altgeld.
Section 5298 of the Revised Statutes of the United States provides:
“Whenever, by reason of unlawful obstructions, combinations or
assemblages of persons, or rebellion against the authority of the
United States, it shall become impracticable in the judgment of the
President to enforce, by the ordinary course of judicial proceedings,
the laws of the United States within any State or Territory, it
shall be lawful for the President to call forth the militia of any
or all of the States, and to employ such parts of the land or naval
forces of the United States as he may deem necessary to enforce the
faithful execution of the laws of the United States, or to suppress
such rebellion, in whatever State or Territory thereof the laws of
the United States may be forcibly opposed, or the execution thereof
be forcibly obstructed”; and Section 5299 provides: “Whenever any
insurrection, domestic violence, unlawful combinations or conspiracies
in any State ... opposes or obstructs the laws of the United States,
or the due execution thereof, or impedes or obstructs the due course
of justice under the same, it shall be lawful for the President, and
it shall be his duty, to take such measures, by the employment of the
militia, or the land and naval forces of the United States, or of
either, or by other means as he may deem necessary, for the suppression
of such insurrection, domestic violence or combinations.”
II
It was the intention of the Attorney-General to suggest in these
despatches that immediate and authoritative information should be given
to the Washington authorities if a time should arrive when, under the
sanction of general executive authority, or the constitutional and
statutory provisions above quoted, a military force would be necessary
at the scene of disturbance.
On the 2d of July, the day after these despatches were sent,
information was received from the district attorney and special counsel
that a sweeping injunction had been granted against Eugene V. Debs,
president of the American Railway Union, and other officials of that
organization, together with parties whose names were unknown, and
that the writs would be served that afternoon. The special counsel
also expressed the opinion that it would require Government troops to
enforce the orders of the court and protect the transportation of mails.
Public-domain text, read in full here on John Shaqi.
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