The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-07

question as to whether any disturbance
exists or not I'm any part OF the country
this assumption means that the f&ecu-
tive can send Federal troops into any
| community In the United States at his
pleasure and keep them there as long as
n tnHt rs the law. then the principle or
local lf-government. either never did ex-
ist I'm this country. or else has been de-
I stroyed for no community can be said
TO possess local self-government, II the
Executive can. at his pleasure. send mill
tary forces TO patrol II, under pretence
OF enforcing some law. The kind Of local
self-goyernment that could exist under
these circumstances, can be found In
any Of the monarchies Of Europe. and Is
| not In harmony with the spirit Of our
| institutions.
HIS DISCUSSION or THE LAW.
Second: 1t Is also n fundamental prin-
| ciple in our Government that except In
! times OF war the military shall be subor-
! dnate to the civil authorities. In har-
mony with this provision the State troops
when ordered out act under and with
the civil authorities. The Federal troops
you have ordered 10 Chicago are not under
the civil authorities. and are In no way
responsible TO them for their conduct
Ihey are not even acting under the
United States marshal, or any Federal
officer Of the State. but are acting direct
~ under military orders issued from
military headquarters at Washington and
IN so far as these troops act at all, II is
military movement
Third The statute authorizing Fed
eral troops 20 be sent into States in
certain cases, CONCENTRATES that the State
troops shall be taken first This provi-
sion has been Ignored and II is assumed
mat the Executive is not bound by II.
Federal Interference with Industrial dis !
turbances In the various States Is certain ,
~ a new departure and II opens up so |
large field that IL will require n very !
little stretch Of authority 10 absorb 10 |
itself all the details Of local Government. |
THE PRINCIPLE INVOLVED.
Fourth. You say that troops were or
dered into Illinois upon the demand Of the
Post-Ofiice Department and upon repre-
sensations Of the judicial officers OF the
United State that process Of the courts
could not be served. and upon proof
that conspiracies existed. We will not |
discuss the facts. but look for n moment
at the principle involved I'm your state
ment. All Of those officers ar. appointed
by the Executive. Most Of them can be
removed by him at win. They are not
only obliged TO do his bidding. but they
are In fact part Of the executive. II
several Of them can apply for troops
one alone can. so that under the law, as
you assumed IL 10 be. an executive, !
through any one Of his appointces. can
apply 10 himself 10 have the military |
sent into any city or number OF cities and
tatons or showing as he sees ft 10 make.
In fact IL will be immaterial whether
lie makes any showing at all or not. for
he Executive Is the sole judge, and no.
'ody else has any right 10 interfere or
ven inquire about II. Then the Executive
an Tass on his own application-his will
eing the sole guide. lie cSn hold the up
'icatiCn 10 be sufficient and order the
roops TO az many places as he wishes,
hd put them in comma nd OF any one he
hOoScs and have them act, not Under the
ivl officers either Federal or State, but
CT directly under military orders from
Washington, and there Is not in the Con- ,
utution or laws OF the land. whether
'iitten or unwritten. any limitation or 9
estraint upon his power. His Judgment y
nat Is. his VIII, Is the sole guide and d
being purely matter Of discretion his
ecision can never be examined or ques- O.
oned This assumption as to the power {
( the Executive is certainly new. and / h
submit that II IS not the | d
Nv OF the land. The jursts have told Z
S that this Is a government OF law and "
OF a government by the caprice of in ! II
lvlduals, and further. that instead of | q
eng autocratic, II was a government Of 7
mited power. Yet the autOcrat OF Russia "a
)uld certainly not possess or claim TO il
jssess greater power than is possessed f.
y the Executive OF the United States. if I,
)ur assumption IS correct.
THE POWER OF THE ExrcUTrvr. p
Fifth. The Executive has the command. "
II only Of the regular forces OF the T.
nited states, but of the military forces /
all the states. and can order them 20 H.
~ place he sees fit TO, and as there -.
e always more or less local disturb -
ices over the country, IL will be an ~
sy matter. under our construction Of D.,
. law for an ambitious Executive 10 ~
der out the military forces of all Of >"
Q states and establish al once a mill te
~ government The only choice of -.
lure IN such movement could come -
ON rebellion. and with such vast ~
Hilary power at command. this could III
ably be crushed, for. as a rule, soldiers
III obey orders
AS for the situation in Illinois. that is
no consequence now, when compared I'll
IN the far-reaching principle involved.
ne according 10 my advices. Federal
pops nave now been on duty for over
o days. and, although the men were CO.
ave ana the officers valiant and able -.
their very presence proved TO he "'i
1tant, because II aroused the indisna- Op
n OF large class Of people. who while Ell
holding law ana ordff. had been taught cit
believe In local self-eoyernment. and dr.
aretore resented what they regarded II
an unWarranted Interference IL
hasmuch as the Federal trOops can tin
nothing but what the state troors int
n 90 there. and believing that the shi
ite Is ample able 10 take care Of the TO
uation, and 10 enforce the law. and VII
ieving that the ordering out OF the ern
deIal troops was unWarranted. ! again lee
( their withdrawal cir
oigned) JOHN i. ALTGELD.