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mations 3204, 3497, 3554, 3645, and 3795. Presidents Eisenhower, Kennedy, and Johnson declared that disorders threatened to obstruct justice, and pursuant to 10 U.S.C. 332 et seq., they ordered all those participating in such disorders to disperse. Immediately following each Proclamation, an Executive Order was issued providing for the use of Federal forces to end the disorder. The procedure used in each case was virtually identical.
It should be noted, however, that the majority of the recent examples included in this section pertain to situations where local governmental authorities themselves resisted Federal attempts at racial integration. In these cases the determination of the necessity for the use of Federal force was at the President's discretion, and power was exercised under 10 U.S.C. 332 and 333. Proclamation 3795 and Executive Order 11364, however, were issued to meet race riots in Detroit in 1967. In instances where local authorities are attempting to restore order, Federal troops may only be used at the specific request of the Governor or State legislature. In the case of the Detroit riots, Governor Romney delayed in making this request and Attorney General Clark and President Johnson scrupulously refrained from taking any action until he did. There were many subsequent situations in 1967 and 1968 analogous to that in Detroit. The procedure followed, as far as can be determined, was identical.
RELEVANT PROVISIONS OF THE UNITED STATES CODE
10 U.S.C. 331. FEDERAL AID FOR STATE GOVERNMENTS Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection. (Aug. 10, 1956, ch. 1041, 70A Stat. 15.)
10 U.S.C. 332. USE OF MILITIA AND ARMED FORCES TO ENFORCE FEDERAL AUTHORITY
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion. (Aug. 10, 1956, ch. 1041, 70A Stat. 15.)
10 U.S.C. 333. INTERFERENCE WITH STATE AND FEDERAL LAW
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution. (Aug. 10, 1956, ch. 1041, 70A Stat. 15.)
10 U.S.C. 334. PROCLAMATION TO DISPERSE
Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time. (Aug. 10, 1956, ch. 1041, 70A Stat. 16.)
Proclamation-March 12, 1799
COMBINATIONS TO RESIST THE LAWS OF THE UNITED STATES By the President of the United States
WHEREAS combinations to defeat the execution of the laws for the valuation of the lands and dwelling-houses within the United States, have existed in the counties of Northampton, Montgomery, and Bucks, in the State of Pennsylvania, and have proceeded in a manner subversive of the just authority of the government, by misrepresentations to render the law odious, by deterring the public officers of the United States to forbear the execution of their functions, and by openly threatening their lives: And whereas the endeavours of the wellaffected citizens, as well as of the executive officers, to conciliate a compliance with those laws, have failed of success, and certain persons in the county of Northampton aforesaid, have been hardy enough to perpetrate certain acts, which I am advised amount to treason, being overt acts of levying war against the United States, the said persons exceeding one hundred in number, and armed and arrayed in a warlike manner, having, on the seventh day of this present month of March, proceeded to the house of Abraham Lovering, in the town of Bethlehem, and there compelled William Nichols, Marshal of the United States, in and for the District of Pennsylvania, to desist from the execution of certain legal process in his hands to be executed, and having compelled him to discharge and set at liberty certain persons whom he had arrested by virtue of criminal process duly issued for offences against the United States, and having impeded and prevented the Commissioner and the Assessors, appointed in conformity with the laws aforesaid, in the county of Northampton, aforesaid, by threats and personal injury from executing the said laws, avowing as the motives of these illegal and treasonable proceedings, an intention to prevent, by force of arms, the execution of the said laws, and to withstand, by open violence, the lawful authority of the government of the United States: And whereas by the Constitution and Laws of the United States, I am authorized, whenever the laws of the United States shall be opposed or the execution thereof obstructed in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the Marshals, to call forth military force to suppress such combinations, and to cause the laws to be duly executed : And whereas it is in my judgment necessary to call forth military force in order to suppress the combinations aforesaid, and to cause the laws aforesaid to be duly executed: And I have accordingly determined so to do, under the solemn conviction that the essential interests of the United States demand it: Wherefore, I, JOHN ADAMS, President of the United States, do hereby command all persons being insurgents as aforesaid, and all others whom it may concern, on or before Monday next, being the eighteenth day of this present month, to disperse and retire peaceably to their respective abodes; and I do moreover warn all persons whomsoever against aiding, abetting, or comforting
the perpetrators of the aforesaid treasonable acts; and I do require all officers and others, good and faithful citizens, according to their respective duties and the laws of the land, to exert their utmost endeavours to prevent and suppress such dangerous and unlawful proceedings.
In testimony whereof, I have caused the Seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the City of Philadelphia, the twelfth day of March, in the year of our Lord, one thousand seven hundred and ninety-nine, and of the independence of the said United States of America the twenty-third.
Proclamation-April 15, 1861
MILITIA CALLED OUT TO CAUSE LAWS TO BE DULY EXECUTED
By the President of the United States
WHEREAS the laws of the United States have been, for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law:
Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventyfive thousand, in order to suppress said combinations, and to cause the laws to be duly executed.
The details for this object will be immediately communicated to the State authorities through the War Department.
I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union, and the perpetuity of popular government; and to redress wrongs already long enough endured.
I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event, the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with, property, or any disturbance of peaceful citizens in any part of the country.
And I hereby command the persons composing the combinations aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date.
Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby in virtue of the power in me vested
by the Constitution, convene both Houses of Congress. Senators and Representatives are therefore summoned to assemble at their respective chambers, at twelve o'clock, noon, on Thursday, the fourth day of July, next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand. 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 fifteenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the Independence of the United States the eighty-fifth.
Proclamation-Sept. 24, 1862
REBELS AND THEIR ABETTORS TO BE SUBJECT TO MARTIAL LAW By the President of the United States
WHEREAS, it has become necessary to call into service not only volunteers but also portions of the militia of the states by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection:
Now, therefore, be it ordered, First. That during the existing insurrection and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law and liable to trial and punishment by courtsmartial or military commissions:
Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority or by the sentence of any court-martial or military commission.
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 twenty-fourth day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh.