UC-NRLF 06 $B lb OtS ^ ■ REESE LIBRARY ■ UNIVERSITY OF CALIFORNIA. ^icessioiis No. SP'^'Vi. C/js.s' No. Digitized by tine Internet Archive in 2007 witii funding from IVIicrosoft Corporation http://www.archive.org/details/drillregulationsOOordwrich DRILL REGULATIONS FOR STREET RIOT DUTY, INCIvUDING IvECTURE ON RELATIONS BETWEEN MILITARY AND CIVIL ^ AUTHORITY; RIGHTS AND DUTIES OF MILITARY OFFICERS; AND METHODS OF DEALING WITH RIOTS. BRIGADIER GENERAL ALBERT ORDWAY, District of Columbia Militia. J ARMIES .T. CH:A.T»M:^IS-, FulDlislier, 916 PENNSYLVANIA AVENUE, • WASHINGTON, D. C. JuDD & Detwe:iIvER, Printers. COPYRIGHTED 1891. G9S DRILL REGULATIONS FOR STREET-RIOT DUTY. 1. The movements herein described for a battalion of four companies may be readily applied to a battalion of any number of companies, IN the; armory. 2. Not less than sixteen sharpshooters will be selected and placed under the command of the battalion Inspector of Small Arms Firing, who will post them in equal numbers in the line of file-closers of each company. These sharpshooters should be designated by a handkerchief tied around their left arm, or b}' any other device by which they may be readily distinguished. Non-combatant staff officers, colors and color guard, musi- cians, uninstructed recruits, convalescents, and a suitable detail for guard duty, will l>e designated to remain in the armory. Companies will be equalized. 3. If a crowd is assembled in front of the armory the com- manding officer will adopt such methods of egress as the situa- tion of the armor}^ and the disposition of the crowd may indicate as best. As a general rule, if the crowd is not aggressively hostile, the front and rear subdivisions of the battalion should move out from the arnior}^ door in parallel columns of twos or fours and force their way through the crowd to the opposite side of the street ; then, facing in opposite directions, force the crowd back until space is made for the next interior subdivision to march out in the same wa}-, and so on until the whole bat- talion is formed in column in the street. If the crowd is hostile and attempts to prevent the egress of the troops, proper and extreme offensive measures should be resorted to at once. IN Tun STREKT. 4. The posts assigned to field aud staff officers in ordinary drill manoeuvres being impracticable in street parades, and in- admissible when on street-riot duty, will be modified as follows : In line, the major, adjutant, and sergeant-major will post themselves at so much less than their prescribed distances as the width of the street may indicate as proper ; or, if necessary, may even retain positions corresponding to those assigned to them in column. Tn column, the major will take post at the head of the column ; the adjutant on the right of the commissioned staff; and the sergeant-major on the right of the non-commissioned staff. In columns of platoons, if the width of the street does not permit captains to take post th^-ee paces from the flank of the column, they will take such less distance as may be necessary. When a battalion on street-riot duty marches in column of companies or platoons, it wdll invariably form in " street- column " order, no matter how remote it may be from the scene of riot or apprehended danger. TO FORM STREET COI^UMN OF COMPANIES OR PI^ATOONS. 5. Being in line, or in columns of fours, the battalion will be formed into column of companies, or column of platoons, by the same commands as prescribed in the SCHOOi^ OF THE BatTai^ion, except that they will be prefixed by the command J^orm street column ■; and the movement will be executed in the same manner, except that the sharpshooters in the line of file-closers will pass around the flanks of their respective subdivisions and take post three paces from the flanks of the column, the leading sharpshooter of each flank on a line with the major, the rear sharpshooter of each flank on a line with the non-commissioned staff, and the others at equal in- tervals from front to rear. Being in street column of companies or platoons, to form line or column of fours. 6. The movements will be executed by the same commands and in the same manner as prescribed in the ScHOOi^ OF THE BatTaIvION, except that the sharpshooters will resume their posts in the line of file-closers. 7- Oil approachiug the scene of riot, or on the first symptoms of danger, and in marching through the streets during a general riot or uprising, troops will be moved habitually in the forma- tion of ' ' street square. ' ' TO FORM STREET SQUARE. From a street column of companies at full distance. 8. Being at a halt, the major commands : I. Form street square, 2. March. At the first command, the captain of the first company cau- tions it to stand fast. ^ The captain of the second company commands : 1. Right forward, 2. Twos right. The captain of the third company commands : I. Left forward, 2. Twos left. The captain of the fourth company commands : I. Forward. At the command march, which is repeated by the captains of second, third and fourth companies, the major and staff and the captain of the first company will pass around the flanks of that company and take post in the rear of it ; the non-commissioned staff and the file-closers of the fourth company will pass around the flanks of that company and take post in front of it ; the file-closers of the second and third companies will pass around the rear of their companies and take post on their inner flanks. The captain of the second and third companies will halt their companies two paces in rear of the right and left twos of the first company, and will then take post opposite the center of the inner flanks of their companies ; the captain of the fourth com- pany will halt his company two paces in rear of the first and second companies. A sufficient number of leading and rear sharpshooters on each flank will take posts, with two paces intervals, to prolong the lines of the first and fourth companies from the flanks of the square to the building lines. The re- maining sharpshooters will continue in their positions on the flanks, preferably on the sidewalks. g. If the column is marching, the captain of the first com- pany halts it at the command march, and the captains of the other companies halt them on completing the movement as described. 10. If the column is marching in quick time, and the major commands double time^ the captain of the first company cau- tions it to continue the march in quick time, and the captains of the other companies bring them to quick time on completing the movement as described. 11. If the column is marching in double time, the movement is executed in the same manner as if marching in quick time, except that the captain of the first company commands : Quick time at the first command of the major, and repeats the com- mand m,arch. 12. A battalion of three companies will execute the move- ment in the same manner as a battalion of four companies, except that the first and second platoons of the second com- pany will respectively execute the movements prescribed for the second and third companies, and the third company the movement prescribed for the fourth company, in a battalion of four companies. 13. A battalion of two companies will first form column of platoons, and then execute the movement as described in par. 17. From a street column of platoons at full distance. 14. Being at a halt, the major commands : I. Form street square, 2. March. At the first command the chief of the first platoon of the first company cautions it to stand fast ; the chief of the second platoon of the first company, and the chiefs of the two platoons of the second company, command : i. Right forward ; 2. Twos right ; the chiefs of the two platoons of the third companj', and of the first platoon of the fourth company, command : i. Left forward ; 2. Twos left ; the chief of the second platoon of the fourth company commands : Forward. At the command march, the movement is executed, and officers, file-closers, and sharpshooters take their positions in a manner similar to that described in par. 8. 15. If the column of platoons is marching, the movements will be executed in manner similar to that described in pars. 9, 10, and II. i6. A battalion of three companies in column of platoons will execute the movement in a manner similar to that described in par. 12. 17. A battalion of two companies in column of platoons will execute the movement in the same manner as the first and fourth companies in a battalion of four companies in column of platoons, the commands and movements for a second and third company being omitted. From a column of fours. 18. First form column of companies or platoons, according to the width of front desired for the square, and then execute the movement as described in pars. 8 or 14. GENERAL RUIyES FOR STREET SQUARES. 19. A street square will halt^ advance oblique, march to the rear or by the flank by the same commands and means as a column. It will change direction by moving by the flank in the desired direction, thereby making the previous flanks of the square the front and rear of the square. 20. The width of a square may be increased by reinforcing the front and rear lines of sharpshooters by sharpshooters taken from the flanks. It may be slightly reduced by breaking files from the right and left of the first company to the rear, and from the right and left of the fourth company to the front. If, however, the small size of the companies, or the narrowness of the streets, makes it necessary, the battalion should be formed in street column of platoons instead of street column of com- panies. 21. The flanks of a square may be faced inward or outward, as occasion may require, by the command : Tzvos right {or left). In passing intersecting streets the flanks of the square may be faced outward and cross the .space by side step if cir- cumstances require. TO REDUCE STREET SQUARE From, square of company front to street column of companies. 22. Being at a halt, the major commands : I. Form street column, 2. March. At the first command the captain of the first company com- mands, Foi^mrd ; the captains of the other companies caution their companies to stand fast. At the command inarch, the major and staff and the captain of the first company will pass around the flanks of that company and take their posts in front of it ; the non-commissioned staff and the file-closers of the fovirth company will pass around the flanks of that company and take their posts in rear of it ; the sharpshooters will resume the positions assigned them in par. 5. When the first company has advanced company distance, the second company will exe- cute, Left front into line -the left files lessening their oblique suflSciently to clear the flank of the third company ; when the second company has advanced company distance, the third com- pau}' will execute Right front into line, and at the same instant the fourth company will execute Forward. 23. If the square is marching, the captains of the second, third, and fourth companies halt them at the command, march, and the captain of the first company halts it on completing the movement as described. 24. If the square is marching in quick tiine^ and the major commands double time, the captains of the second, third, and fourth companies caution them to continue the march in quick time, and the captain of the first company brings it to quick time on completing the movement as described. 25. If the sqiiare is marching in double time, the movement is executed in the same manner as if marching in quick time, except that the captains of the second, third, and fourth com- panies, command : Quick ihne at the first command of the major, and repeat the command march. 26. A battalion of three companies will execute the move- ment in the same manner as a battalion of four companies, except that the first and second platoons of the second com- pany will respectively execute the movements prescribed for the second and third companies, and the third company the movement prescribed for the fourth company, in a battalion of four companies. From, square of platoon front to street cohcmn of platoons. 27. Being at a halt, the major commands : I. Fonn street colum,n, 2. March. At the first command the chief of the first platoon of the first company commands Forward ; the chiefs of all other platoons caution them to stand fast. At the command march, officers. file-closers, and shaipshooters take their position iu the man- ner described in par. 22. When the first platoon has advanced platoon distance, the second platoon of the first company and the two platoons of the second company will execute Left front into line — the left files lessening their oblique sufficiently to clear the flank of the third company ; when the second platoon of the second company has advanced platoon distance beyond them the two platoons of the third company and the first platoon of the fourth company will execute Right f'ont into line, and the second platoon of the fourth company will execute Forward 28. If the square is marching the movements will be executed in manner similar to those described in pars. 23, 24, and 25. From square of company or platoo7i front to column of fours. 29. First form street column of companies or platoons as described in pars. 22 or 27, and then column of fours as pre- scribed in School of Battai^ion. FIRE DISCIPI.INE. 30. Control of firing, which is important in all actions, is absolutely essential in street fighting. The sharpshooters will fire independently and in obedience to whatever spepal direc- tions may be given them either individually or collectivelj\ Troops must be trained to pay no attention to the firing by sharpshooters, and to fire only when and in such manner as directly ordered, and to immediately cease firing when ordered. Firing in a street should invariably be delivered kneeling and preferably by volleys. The orders to begin firing and cease firing should be given by the bugle or whistle. APPLICATION OF STREET-RIOT DRILL TO A THEEE-B ATT ALIO isr BEGIMEI^T. 31. In a three-battalion regiment each battalion will execute the movements independently. When formed in street squares the Colonel and Adjutant will take post within the square of the First Battalion, the Surgeon and the Ambulance Corps within the square of the Second Battalion, the Lieutenant Colonel and Sergeant Major within the square of the Third Battalion. Two files may be broken in the center of the interior fronts and rears oif the squares to allow ready communication from front to rear of the column. 32. If the regiment is accompanied by Artillery, or by Engi- neers, they will be posted between the First and Second Bat- talions, the interval between these battalions being increased for that purpose. To bring the artillery into action it should be unlimbered in its position, so that the horses may not disturb the infantry, and the guns run forward by hand through the square, the front and rear of the square moving to the right and left by the flanks of platoons so as to leave the square open and the front of the square into proper position to support the artillery. 33. In changing direction, when moving in column of squares, each battalion will advance to the point at which the first bat- talion changed, and will then change direction by the flank. (8) • \ LECTURE ON STREET RIOTS, LECTURE NO. 13. BY BRIGADIER GENERAL ALBERT ORDWAY, D. C. MILITIA. Street Riots. The lectures which have been dehvered to you in the regular course of instruction for this year were instituted for the purpose of instructing you in the practical duties of officers in field service, and assumed that you had been called into service by the United States to meet apprehended invasion or insurrection. There is, how- ever, another kind of service that you are more likely to be called upon to perform, and that is to aid and support civil authority in the enforcement of law or the suppression of disorder. As the performance of such duty imposes greater individual responsibility, and in- volves the necessity of knowledge of the limitations placed on military power while acting in subordination to civil authority, as well as the study of means of ap- plying military force and tactics in modes entirely differ- ent from those used in the field, it is proper to make it the subject of a separate and additional lecture. It'is the proud boast of a free people, and is the actual fact in our own country and in England, that military authority is at all times subordinate to civil authority. The reason for this may be found in the fact that it is civil authority that creates the military force; civil authoritj'' that taxes the people to sup- port it ; and that civil authority creates and maintains it for its own protection. The same reasons that make it necessary for man to hold in subjection the forces of (290) ^ OF TBE ' UNIVERSITY 291 " .^LIFORH^ nature that he summons to his assistance— like steam and electricity — ^make it essential that the civil authority- should hold in subjection the military force that it creates, as otherwise, in either case, the force may rend or destroy the power that called it into existence. The general enunciation of the constitutional princi- ple of the subordination of military power is often made, but seldom explained. I take it to mean that the military power, being subordinate, can neither in- itiate nor determine any matter ; that military power cannot declare or initiate war, nor make peace ; that civil authority alone can direct military force when it may fight, and that civil authority by declaring peace can remand the military force to its normal condition. So far as the individuals of which the military force is composed, it means that by taking on the additional character of a soldier they do not divest themselves of any of their responsibilities or duties as citizens; it ■ means that a soldier can be arrested by civil authority for the violation of criminal law^, and is only exempt from arrest by civil process under the same general principle that exempts civic officers. There are occasions, however, on which this funda- mental principle of subordination of military power is either modified or suspended. It is modified when civil authority calls military force to its aid. to the ex- tent that civil authority then limits itself to instructing the military force what it desires to have done, but does not interfere with the manner of doing it. It is sus- pended when civil authority declares martial law, and thereb}'' voluntarily surrenders for a limited time every function and power it possesses to the control of the military authority. It being evidently essential that all military officers should study the laws and precedents governing the re- 292 ^ lations between military and civil authority, and more especially necessary that officers of the volunteer militia should understand the special relations that exist when military force is called upon by civil authority to aid in the enforcement of law or the preservation of peace, I will briefly review the subject. CALLING OUT THP] MILITIA. The militia may be called out for service within its own State by such civic officers of the State as may be authorized by its laws to do so. It may be called into the service of the United States, for service in its own or any other State, by the President, in such cases as the law authorizes him to do so. The subject of this lecture does not require a detailed consideration of the questions involved in the laws au- thorizing the President to call the militia of the States into the service of the United States. The numerous statutes governing the action of the President may be summarized into three general principles : 1st. That he may call out the militia of any or all the States in case of threatened invasion. 2d. That he may call out the militia of any or all the States in case of a rebellion against the authority of of the United States, or to enforce the laws of the United States within any State. 3rd. That in case anj^ State shall apply to the Presi- dent for assistance to enforce its own laws, or, as ex- pressed in the Constitution, for protection " against do- mestic violence,'' he may call out the militia of any State or States except that of the State making the ap- plication. So far as the regular troops of the United States are concerned, they cannot act in aid of the civil authorities of a State except by the order of the President. It is 293 carefully stated in the Digest of Opinions of the Judge Advocate General that " In a case of civil disturbance in violation of the laws of a State a military commander cannot volunteer to intervene with his command with- out incurring a personal responsibility for his acts. In the absence of the requisite orders he may not even march or array his command for the purpose of exerting a moral effect or an effect in terrorem; such a demon- stration, indeed, could only compromise the authority of the United States while insulting the sovereignty of the State." Within the States their respective laws provide the mode by which and, with more or less detail, prescribe the occ8.sions on which, the civil authorities may call on the militia for aid. In some of the States only the com- mander-in-chief, the governor, can call out the militia ; in others, various county, city, or town authorities, civil magistrates, sheriffs, and other civil officers may do so ; in others, the local military commander may call out the troops if, in his own judgment, the danger appears imminent. On these points it is only necessary for officers to familiarize themselves with the laws of their respective States, so that they may know when called upon that the call is made by a legally authorized civic officer and in a legal manner. The military officer called upon cannot question the reason or the necessity for the call ; he has no alternative except to respond to it. If the offi- cer called upon by the civil authority orders the troops of his command to parade in obedience to such call, the subordinate officers and the soldiers of his command have nothing whatever to do with or question whether the call was made by a legally authorized civic officer in a legal manner. The order to them is purely a mili- tary order, and must be obeyed without question. 294 The law of the District of Columbia is short and ex- plicit. You will find it in section 45 of the Militia Law, as follows : " That when there is in the District of Columbia a tumult, riot, mob, or a body of men acting together by force with attempt to commit a felony, or to offer violence to persons or propert3^ or by force and violence to break and ' resist the laws, or when such tumult, riot, or mob is threatened, it shall be lawful for the Commissioners of the District of Columbia, or for the United States Marshal for the District of Columbia, to call on the com- mander-in-chief to aid them in suppressing such violence and enforcing the laws ; the commander-in-chief shall thereupon order out so much and such portion of the militia as he may deem necessary to suppress the same, and no member thereof who shall be thus ordered out by proper authority for any such duty shall be liable to civil or criminal prosecution for any act done in the dis- charge of his military duty." CIVIC CONTROL OF MILITIA CALLED OUT. It is important for officers to study the law and the precedents governing their relations with, and the extent or limits of their subordination to, the civil authorities, after being legally called out and having reported to them for duty. When called into the service of the United States, the third case I have previously specified is the only one which specially concerns us in discussing the sub- ject of this lecture, and that only concerns us so far as to know what relations the troops of the United States would hold, that is, what subordination they would be under, to the civil authorities of the State which had invoked their aid. In the railroad riots of 1877 the troops sent by the United States to West Virginia, Maryland, and Penn- sylvania were directed to report to and act under the 295 orders of the governors of those -States. This direct subordination to local civil authority was strongly- objected to by General Hancock, who suggested to the Secretary of War "that when State governments de- clare their inability to suppress domestic insurrection through the military channels, and call upon the Presi- dent of the United States to intervene, he should not do it through the civil powers of the States, which have already failed, but by the intervention of the Federal authorities by military force, himself exercising the control." In these views the digest of opinions of the Judge Advocate General coincide by the statement that : " A military force employed according to article IV, sec. 4, of the Constitution, is to remain under the direction and orders of the President, as commander- in-chief, and his military subordinates; it .cannot be placed under the direct orders or exclusive disposition of the governor of the State." Probably the true solution of the matter is that United States troops, or militia called into the service of the United States, on such occasions should hold the same relation to the supreme civil authorities of the State in which they are operating that in other cases the State troops would hold to the sheriff, or other civil authority of their own State, that had invoked their aid — that is, they should report to the supreme civil authority for information and instruction in the pur- poses to be accomplished ; should co-operate in every way in accomplishing those purposes, but should not and could not recognize any suggestion as orders to govern their military dispositions. When called out by the State the laws of some of the States very clearly prescribe the manner in which the civic and military officers shall respectively act when brought into conjunction. In many of the States, 296 however, their laws are . silent on this point. Where there are specific laws, every officer should become thoroughly familiar with them; where there are no specific laws, every officer should become thoroughly familiar with common law and precedent. In either case officers should not wait for the time of action to inquire what they should or may do; every officer should, by careful thought and study of supposed situ- ations, know what he would do when those situations become realities. The body of troops responding in obedience to the call of the civil authorities is not a posse comitatus, of which each individual is called out individually by the civic officers, and in which each individual is subject to the orders of the civic officer. The body of troops, so far as the civic officer is concerned, is a unit, and that unit is represented and controlled by its commanding officer. The civic officer can have no control or rela- tions with the body of troops except through their commanding officer. The only question, therefore, is to what extent the civic officer may direct or control the commanding officer of the military force that he has invoked to aid him. It may be safely accepted as a rule established both by reason and precedent, that the power or control of the civic officer ceases when he has communicated to the commanding officer of the military force the purpose that he desires to be accomplished^ and that he cannot resume control until he distinctly dismisses or remands the military force from further duty. The military officer should, therefore, on report- ing to the civic officer in response to his call or in obedience to orders of higher military authority, de- mand of the civic officer that he give him in writing the purpose or object he requires to be accomplished, and if the civic officer refuses or "is unable to give it in 297 writing, that he require him ta state it verbally in pres- ence of a proper number of witnesses. From that moment the power of the civic officer ceases, and it is for the military officer alone to determine how he will accomplish the duty required of him. General Napier expressed the matter in these words : ^^ How to use this force in his (the soldier's) trade ; but it is not his trade to decide when it should be used against his countrymen. He may play the part of a druggist, but that of the physician appertains to the magistrate." The regulations of Massachusetts cover the whole question most thoroughly, and may be safely adopted by any officer called upon to perform duty in a State in which there are no specific laws or regulations to govern his actions : " Par. 2298. The civil officer is not authorized to inter- fere in any way with the formation or details of the force, the military officer being held responsible for the success of the operations to be undertaken ; and it is for the latter, and for him alone, to judge in what manner the troops shall effect the object which the civil officer has indicated, and to direct the force in the execution of the service in which it is engaged." " Par. 2299. While the instructions of the civil officers are given in general terms to accomplish a particular purpose, and the mode and means are within the dis- cretion of the military commander, the latter, to prevent misunderstanding, should request to have his instruc- tions reduced to writing." FIRING UPON A MOB. Notwithstanding the fact that it is discretionary with a military commander how he will dispose of and use his force to accomplish the purpose for which the civil authority has invoked his aid, the act of causing or di- recting the firing on people is sufficiently serious to be worthy of special consideration. 298 It is a general rule of law that it is the right of any citizen, at any time, to use force to prevent the perpetra- tion of felony, or in endeavoring to arrest a felonious cul- prit. The amount of force he may legally use is meas- ured by the amount of resistance he meets, and if homicide becomes necessary to accomplish the purpose, law justifies the killing. ^ A riot may be defined as an unlawful assemblage of persons who use violence to accomplish their purposes. This constitutes a felony, and therefore the killing of any participant in the riot is clearly justifiable if the riot cannot be suppressed by less violent means. It is also a principle of law that '* homicide, or the taking of human life, is justifiable when necessarily committed by public officers and those acting under their command or in their aid and assistance in over- coming resistance to the execution of legal process or the discharge of any other legal duty." One eminent jurist goes so far as to make the broad statement that " if officers of the law, when engaged in the preserva- tion of the peace, find it necessary to take life, such homicide is justifiable." It is further clearly established that homicide committed in dispersing an unlawful \J assembly is justifiable. By an unlawful assembly is meant one which meets for a purpose which, if executed, would make them rioters. Though such an assembly may not have committed any overt act or violence that would constitute felony, yet if the civil authorities deem it necessary or proper to disperse the assembly, and call upon the military authorities to assist them in doing so, the law will regard as justifiable homicide the necessary killing of any participant in the assembly. The question whether a person killed was a partici- pant's settled by the rule of law that " those present at the commission of a riotous felony are principals," 299 and is put beyond all question if the proper officer has commanded the assembly to disperse before the firing was ordered. It is for this reason that in many States the law requires that the civic officer shall order the as- sembly to disperse before he turns them over to the care of the military officer; if he omits to do so, it is well for the military officer to do so before proceeding to extreme measures. It is not necessary to " read the riot act " or law; a notice or command to disperse is all that is requisite, and in emergencies even this formality may be dispensed with. • Verbal notices or orders can be heard by only a few in the front ranks of a mob, and I would suggest that it might be well to adopt a universal signal, which would be universally understood as giving notice to a mob to disperse before opening fire on it. Sounding the " long roll " on the drums would make an excellent signal for this purpose. From what I have quoted of law and legal decisions, it seems safe to assort, as a legal proposition, that if a military commander in the exercise of his discretionary power as to the means of carrying out the instructions of the civic officer deems it proper to order his troops to fire upon either a riotous or unlawful assembly, and should thereby cause the death of either participants or so-called spectators, he could not be held answerable for such result. While the taking of human life does not involve legal responsibility under the conditions I have cited, it always entails moral responsibility, and no military officer should give the fatal order until it is clearly evident that he cannot otherwise carry out the demands and instruc- tions of the civic authorities, or it is made necessary for the security of the troops under his command. When it does become necessary to fire on a mob, it is merciful 300 to make the fire short, relentless, and effective. Above all,- every soldier must remember that it should make no difference to him whether the mob is composed of millionaires or paupers, capitalists or laborers, aliens or Americans, enemies or friends and neighbors, or even if the riotous assemblage has been caused by well-founded grievances. Our duty is both simple and clear — to main- tain and enforce law without consideration of the class of people that may be resisting it, and without regard to our personal views of the injustice of the law or the jus- tice of the grievances that may arise under it. SEIZURE AND USE OF PRIVATE PROPERTY. In operations against rioters it often becomes nec- essary to convert private property to public use, or to seize and destroy it; as, for instance, to convert the nearest available means to use in making barricades ; to destroy a private building occupied by rioters ; or to seize food for the sustenance of the troops. When the danger is immediate, or the necessity so urgent that no delay is possible, the military commander should not hesitate. While he may render himself liable to civil action, there are so many legal decisions to sustain him that he need have no fear of the results, provided he has not exercised his discretionary power in a corrupt or malicious manner. The law that protects the mil- itary commander in taking human life will surely protect him in taking private property. "The Gov- ernment, not the officer, is responsible for the property taken for public use ; and a subsequent ratification of the act by the Government is equivalent to prior authority to do it." GIVING AND OBEYING ORDERS. It is prescribed by the Articles of War, and is a mili- tary axiom, that a subordinate must obey all lawful or- 301 ders of a superior. It is equally true that obedience to an illegal order of a superior will not protect an inferior against military or civil punishment for results that may follow. It is, therefore, important that you should carefully study this distinction, as it is appHcable to all phases of military duty as well as the one we are now considering. There have been many trials, both military and civic, in England and in this country involving the question of the extent of the right of a subordinate to judge of the legality or illegality of the order of a superior. Ex- tracts from some of the decisions of the highest courts and from the opinions of eminent jurists may make the point clear to you. One decision says : " The order must expressly and clearly show on its face, or in the body thereof, its illegality ; and this must appear at once to a common mind on hearing it read or given ; nor has the inferior a right to inquire of the superior the object and purpose he has in view." The reason for this is clearly stated in another decision as follows: " The first duty of a soldier is obedience, and without this there can be neither discipline nor efficiency in an army. If every subordinate ofiicer and soldier were at liberty to question the legality of the orders of the com- mander and obey them or not as they may consider them valid or invalid, the camp would be turned into a debating school, where the precious moments for action would be lost in wordy conflicts between the advocates of conflicting opinions." Therefore, as clearly stated in another decision, any ofiicer or soldier may safely act as ordered by superior authority without fear of the consequences, " except in plain case of excess of author- ity, where at first blush it is apparent and palpable to the commonest understanding that the order is illegal." It being thus evident that if any one can be held re- 302 sponsible for acts done it must be to the superior mili- tary authority that gives the order for doing them, it becomes interesting to study the precedents from which rules may be drawn by which the superior may safely govern his action ; and as a subaltern officer may at any. time be placed in a position which he will be the superior military authority present, and therefore in- . vested with the responsibility of giving orders, it is important that officers of all grades should study the questions we are now discussing. I have stated that a subordinate will not be held re- sponsible for executing the lawful orders of his superior. It is also equally true that a superior will not be held responsible for any of the unauthorized acts of his sub- ordinates. The liability of a superior officer was broadly stated by Lord Mansfield to be, that " a public officer who acts without authority, or exceeds his authority, is liable ^ * * for the act done without or in excess of his authority." The measure of an officer's author- ity may be accepted as definitely settled by the results of numerous trials in England, beginning as far back as the time of Charles II, and by many decisions of our own courts. There are two kinds of duties that a military officer may be called upon to perform — ministerial duties and discretionary duties. Ministerial duty is simply definite duty ; duty imposed by law ; duty in respect to which nothing is left to discretion ; duty which allows the offi- cer no power to judge of the matter to be done. Dis- cretionary duty has been defined by the courts to be, " when applied to public functionaries, a power or right conferred upon them by law of acting officially in cer- tain circumstances, according to the dictates of their own judgment and conscience, uncontrolled by the judgment or conscience of another." It has been clearly settled 303 by numerous decisions that an officer in the discharge of discretionary duties " is not responsible to any one receiving an injury from such act, unless the officer act maliciously and willfully wrong." It has also been set- tled by judicial decision that the duties of an officer in suppressing a mob are discretionary duties — that is, that while the law requires him to discharge the duty, it invests him with discretionary authority in doing it. While it is true, as said by the Supreme Court of the United States, that there is no case in which a public officer acting from a sense of duty, in a matter where he is required to exercise discretion, is not liable to an action for error of judgment, it is equally true, as stated by the same court, that " a public officer, invested with certain discretionary power, never has been and never should be made answerable for any injury when acting within the scope of his authority and not influenced by malice, corruption, or cruelty." This decision practi- cally covers the whole point and makes it unnecessary to quote from numerous other decisions bearing on it. The consensus of all decisions is that when an officer is placed in a position that requires him to exercise dis- cretionary power his acts "are to be presumed legal till shown by others to be unjustifiable," and that he cannot be held answerable for the effect of any act done by him through mistake of law or error of judgment. RESPONSIBILITIES AND LIABILITIES. It may seem somewhat hazardous to differ from com- monly accepted theories, but my convictions are so strong that I do not hesitate to express them, and I believe that what I have quoted from accepted princi- ples of law and from legal decisions sustain my conclu- sions. I have seen it stated by one writer that, " if assailed by force too strong for its ordinary processes, the law 304 calls force to its defense, but from its exalted throne it judges both its assailants and its defenders." I cannot agree with this writer. I believe that when law calls upon force to defend it, that law will protect those it calls to its defense so long as the means employed by force and the results of employing those means are kept within the pre-established precepts laid down by law itself. The impression is too general and has been too long uncontradicted, that a military officer puts himself in great jeopardy of civil or criminal punishment on the one hand or court-martial on the other in the discharge of duties imposed upon him by law. I cannot assent to this doctrine — ^in fact, I venture to contradict it. To admit it would paralyze the efficiency of the military force and make all their efforts weak and vacillating. The theory and tendency of all modern legislation is directly the reverse, and there are few, if any, judicial decisions to support it. The laws of Massachusetts, Connecticut, New York, Wisconsin, Alabama, the District of Columbia, and several of the other States distinctly provide that a military officer shall not be held liable to civil or crim- inal punishment for acts done in the discharge of his duty in rendering aid to the civil authorities. Undoubt- edly the laws of all the States will make similar provis- ions whenever they are revised. In those States in which no specific laws are as yet enacted the common law and legal precedent afford ample security to all officers in the discharge of their duties, and especially no subor- dinate officer or soldier need give himself the slightest concern in obeying the lawful orders of his superior. Every citizen in the ordinary routine of life is liable to arrest and trial on civil and criminal charges of which he is wholly innocent. We see this exemplified every day in the courts. What I affirm is that a military 305 ' officer is subject to no greater hazard or jeopardy in the performance of his duty than any citizen is subject to in the discharge of the ordinary duties of life. CONCLUSIONS. To impress upon your minds the principal points I have endeavored to illustrate in the preceding remarks, I will briefly summarize the following as the most im- portant for you to consider and remember in determin- ing your conduct when called into service by local civil authority : First. That a military officer upon whom demand is made by a civic officer for aid is obhged to respond to it if the demand is made in a legal manner by a civic officer authorized by law to make it. * Second. That subordinate officers and soldiers receiv- ing orders from their superiors to assemble for the pur- pose of aiding the civil authorities cannot question the legality of the call made upon their superior, but must obey the order as a military order. Third. That the military officer called upon by the civil authority or ordered by superior military author- ity, having assembled his force and reported it to the designated civic officer, should require from that officer specific information, in writing if possible, of the duty required of him. Having received that information he should, from that moment, assume supreme control of the situation, and in no event allow the civic officer to control his dispositions or permit him to give any orders or directions to the force under his command. Fourth. That superior or commanding officers will not be held responsible for any act done or order given by them, or the results following from any such act or order, provided they act according to their best judg- ment on what they suppose to be the actual facts and 20 306 are not governed by malice or corruption ; nor will they be held responsible for any unauthorized act of their subordinates. Fifth. Subordinates will not be held responsible for any act done by them under the lawful orders of their superiors. They may kill, burn, or destroy with abso- lute impunity if their superiors lawfully order them to do so. In such case the superior will be held respon- sible for the legality of his orders and the results of them. If a subordinate does an act not authorized or directed by his superior, or under an unlawful order of his superior, he may be held responsible for its results. Sixth. Remember, however, that it is better to err on the side of yielding subordination to civil authority jjather than insist on the military rights I have indi- cated, if the occasion should seem to require it, and you would not thereby jeopardize the safety of your com- mand. MILITARY VIEW OF RIOTS. Having considered the legal aspect of riots and the re- lations that exist between the military and civil author- ities in suppressing them, it remains for us to con- sider the equally important military questions involved in the methods of applying military force to this pur- pose. It is fully as important in this country to prepare for internal disorder as for external danger ; as much reason to provide for suppressing riots as to provide for coast defense. Our people seem to be wholly blind to the lessons of the past, the dangers of the present, or the possibilities of the future In 1877 an insignificant trouble at the small town of Martinsburg, in West Virginia, suddenly developed 307 proportions that overshadowed the whole country. In less than forty-eight hours fifty thousand miles of railway were inoperative and sovereign States were appealing in the most abject manner to the Federal Government for protection. Millions of dollars' worth of property were destroyed, millions of dollars' worth of human labor lost, and the fabric of lawful order re- ceived a severe blow. If all of this was done in 1877 without premeditation, and without a definite purpose in view, for which previous organization under competent leaders had been made, it is fearful to contemplate what might occur in the future. Since that time our country has been overrun by hundreds of thousands of the most criminal and ignorant classes of Europe, who can neither assimilate with our people nor appreciate or understand the meaning of our institutions or the force of our laws — men who know no law but force and can appreciate no punishment less than death. Following in the wake of this horde of immigrants have come the professional agitators, who may be called the pimps of the professional leaders, who have come to live on the tolls they levy on these ignorant people while they organize and train them for their own diabolical pur- poses. These professional leaders are by no means to be despised. They are generally men who have had a military education, have held rank and position in various armies, have had experience in war, but who through their own vices have been dismissed from all honorable service and ostracised from respectable society, and though having been reared to despise those who labor, make dupes of them that they may live upon their contributions and the possibilities of the future. If you ever have occasion to meet these men you will find that they are no tyros in the art of war and will be a match for the best intelligence we can bring 308 against them. The hand of these people is not shown in ordinary affairs, but we know enough of them, of the organizations they control, of their purposes, and of their means of accomplishing these purposes, to know that when the time comes that they consider favorable the riots of 1877 will be remembered as trifling affairs compared with what will then confront us. Any thoughtful person, and especially a military ob- server, must realize the fact that riots in the future will be more frequent and more formidable than in the past, ^ inasmuch as when honest but misguided men may be brought to the sudden frenz}^ of resisting lawful govern- ment the opportunity will be seized by the professional rioter and anarchist to accomplish their own purposes. This view is amply sustained by many facts known to the police authorities, and is clearly indicated in the brief cablegrams contained in our newspapers describ- ing recent riots in Europe. A few weeks ago the cable account of a riot in Brad- ford, England, said that the rioters not only barricaded the streets on their front, but that they also barricaded all the side streets on their flanks, and were only routed by a vigorous attack on their rear. It was certainly no novice who conducted that defense. The cablegrams of the past few days, describing riots that occurred in various cities in Europe on the first of May, though meagre in detail, contain enough to justify the same conclusion. The fearful slaughter of the brave policemen of Chi- cago in Haymarket square was only one feature of a prearranged plan that failed simply by lack of coopera- tion, and the single dynamite bomb that caused their death y^sls only one of many that had been prepared for far more serious work. Are we to hope or expect that such an attempt will never be made again, or that when 309 made the anarchists will not profit by their former failure, while we pay not the slightest attention to the lessons that the attempt should have taught us. Riots originate from various causses. They have been caused by religion, politics, race prejudices, and in later years by labor agitators. They may be either sponta- neous or incited. Nearly all the riots of former years have been spontaneous ; those of the future we may ex- pect to be premeditated and incited. From whatever cause they may originate, or whatever class of people may compose them, all riots result in forcibly resisting the enforcement of law, and therefore we can make no distinction in our treatment of them, no matter what our own religion, politics, or condition of life may be. In considering the elements of society most likely to be involved in riotous assemblages, distinction should be made between labor organizations, socialists, and an- archists. All of these terms seem foreign to our institu- tions, but nevertheless they are transplanted to our midst, and we must learn their purposes and under- stand their meaning. Labor organizations are formed with the praiseworthy purpose of ameliorating or improving the condition of laborers by peaceable and legal organizations. The good intentions of such organizations are one thing, the results that may follow are another. The power in the hands of these organizations is tremendous. It would be neces- sary to assert human infallibility to assume that this power will never be exercised to promote the fortunes or purposes of unscrupulous leaders who may get con- trol of it. We know that it has been done on some oc- casions in the past and we know that it will be more likely to occur in the future in proportion to the intro- duction of foreign labor and foreign ideas. This is indi- cated by the fact that the labor organizations, after fail- 310 ing in any other way to accomplish a declared purpose, such as increase of wages, fewer hours of work, the restoration of a discharged laboi'or, resort to a " strike " to accomplish it. Unfortunately " strikes " generally result in the employment and exercise of force. It forces the unwilling to cease labor and forcibly prevents the will- ing from assuming labor. It says to the contented laborer, who has his pleasant home that shelters his happy family partly paid for, and who is cheerfully laboring to discharge the balance of his payments, you shall not work ; and it says to the skilled laborer, who may have expended the last dollar of his savings in endeavor- ing to prolong the life of an invalid wife and in the care of his helpless children, your wife may die, your children may starve, and you may become a convict for resisting us, but you shall not work. These are not labor organi- zations or methods that any free-born American laborer can tolerate or sympathize with. They are cruel and tyrannical powers enforcing the worst form of human slavery by the exercise of brutal force. Force begets force. If the workingmen are led by unscrupulous men to adopt the methods of anarchy they should know that the elements of anarchy will seek to cooperate with them, and that they would thereby be involved in the fate that must always finally come to anarchy — ruin or despotism. It has, however, been greatly to the credit of American labor, and a hopeful sign for the future, that they are seldom found in the ranks of a mob, no matter for what grievances they may be endeavoring to procure redress. It was stated by one officer, in reference to the riots of 1877 in Pennsylvania, " that not fifteen per cent, of the railroad employes were participants or sympa- thizers." It was stated still more strongly by another officer that the mobs were " composed of roughs, tramps, unknown men, from where no one knew, and a few 311 striking railroad men." These facts should teach the lawless element among the workingmen that if they listen to the specious arguments of the anarchist they will not have the support of their intelligent fellow-workmen, and should also convince the soldier that any mob he may be called upon to face which has been organized under the plea of wrongs of labor to be redressed, in- stead of being composed of workingmen is in reality composed of at least eighty-five per cent, of roughs, tramps, thieves, convicts, and anarchists, whom he need have no compunctions in effectually eradicating. The socialists should not be confounded with the anarchists. The socialist is generally a mild sort of being, who indulges in vague theories of the proper con- r/ struction of human society. He is a dreamer, and no more to be feared than any other harmless lunatic, except so far as he may lend aid and countenance to putting his theories into active opposition to legally established government. The anarchist is the natural product of socialistic theories practically applied. He believes or asserts a belief in a condition of society in which there shall be no law or no supreme power, and in which every in- dividual shall do whatever he pleases with perfect im- punity. Even hell is assumed to have a ruler, and he is generally pictured as not only a most powerful, but a most adroit ruler. If one could imagine hell without a ruler he might form a slight conception of what this earth would be if anarchy should prevail. The anarchist is a professional rioter, and he brings to his profession all of the arts of diplomacy, the skill of science, and the knowledge of experience. If you are ever brought in contact with a mob, let us hope that the anarchists will constitute the front ranks, if not the entire body of it. What otherwise might be a duty will- then become a pleasure. 312 To solve any problem requires a statement of the defi- nite propositions on which the problem is based. The military problems arising from street riots do not admit of preconceived definite propositions, for the reason that every riot will differ in cause, composition, and pur- pose, and each of these points must be considered in determining how to deal with a riot. We might fill volumes in assuming almost every condition and com- bination of conditions that we could conceive, and then, in fact, an officer would probably be confronted by a condition wholly diff'erent from any he had studied. CHARACTER OF RIOTS. Primarily, riots may be divided into two types : One type is a spontaneous riotous assemblage, con- fined to a single locality or limited district in a city, lacking organization, and without definite purposes or recognized leadership. Such riots may be quickly sup- pressed and easily dispersed by inferior military force ; and, if the military force is under a proper and compe- tent commander, with little or no bloodshed. Fortun- ately nearly all the riots that have occurred in our country have been of this type. The other type is a premeditated and general uprising, covering, or liable to cover, the whole territory of a city ; with definite purposes and definite plans for accomplish- ing those purposes, and with its forces carefully organ- ized and skillfully led. If such a riot should assume the off'ensive, the methods of defeating it would be quickly perceptible to any military mind; but if it should assume the defensive, barricade strategic points in various parts of a large city, and occupy houses on the streets leading to its strongholds with riflemen and dynamite bomb throwers, it would task an overwhelm- ing force and great military genius to subdue it. The nearest approach in our country to this type of riots 313 have been the " draft riots " in New York city in 1863, and the " railroad riots " in 1877, which extended over many States. Fortunately, in both cases, the uprisings being either unpremeditated or prematurely begun, lacked organization and leadership. The local riot may lead to the general riot, or riots may occur which combine in all possible proportions the various elements of both. It being, therefore, evi- dently impossible to prescribe definite methods for dealing with all riots, I will limit myself to the con- sideration of a few general principles covering the two types of riot I have indicated, simply as suggestive for application according to the combination of conditions and circumstances that may confront you. THE ASSEMBLY. If the public peace is being disturbed or threatened to an extent that makes it apparently possible that the civil authorities may finally be obliged to call on the military authorities for aid, a prudent local commander will quietly, and if possible secretly, keep a sufficient force constantly on duty in the armories of his com- mand to guard them against sudden surprise and to pro- tect the assembly of his troops if call should be made. If the call for troops is made, this armory guard should at once be deployed a sufficient distance from the building to protect it on every side and prevent persons from approaching the building, except recog- nized members of the command reporting for duty. If a crowd of idle or curious citizens collects, this small guard would be sufficient ; but if it is a hostile or threat- ening crowd, the guard should be reinforced as rapidly as men reach the armory and are uniformed and armed, until it becomes sufficiently strong to hold the surround- ings of the armory up to the time that the command ^ 314 has fully assembled, made all of its preparations, and is ready to move out. In case the " call to arms " is unexpected and unpro- vided for, the police authorities should immediately send to every armory in the city detachments of police to protect them, as above described, until a sufficient number of soldiers have arrived and can be posted to relieve them. In all cities there should be two methods of calling out the troops : one, by verbal orders sent to the men individually through the non-commissioned officers of their respective squads ; the other, by a prescribed sig- nal on the fire-alarm bells, to be used in cases of sudden emergency. Uniforms, arms, and equipments should always be kept irj the armories ; otherwise individual men in uni- form, attempting to reach their armories, would be waylaid and forcibly detained or killed by the rioters. Fatigue or field dress should invariably be assumed for street-riot duty, and the commanding officer at the armory will indicate whether blankets, overcoats, haver- sacks, canteens, knapsacks, or which of them are to be worn. Every man suddenly summoned for duty should take with him from home sufficient bread and meat for one day's rations, in order to provide against the con- tingency of lack of time for the commissary officers to provide for feeding them immediately. After the troops have been assembled in the armory they should be minutely inspected to see that every man is thoroughly equipped and every rifle in perfect order. Ball cartridges should then be issued to the men. The commanding officer should also outline to his officers the nature of the duty he has been ordered to perform and the manner in which he intends to ex- 315 ecute his orders, and should give to his men some gen- eral instructions and cautions. A capable officer and such number of men as circumstances may seem to re- quire should then be detailed to remain at the armory. If a guard has been maintained at a distance from the armory, as indicated, there will be no difficulty in moving the command out of the armory and forming it on the street; but if such a guard has not been maintained, or has been forced by a hostile crowd that shows a disposition to dispute the egress of the troops from the armory , there are many expedients which will suggest themselves to any officer by which he may force the passage. Do not temporize with such a crowd or seek to evade it by some back-alley egress. Con- front the danger at once, as determined action and a severe lesson to the would-be rioters at this juncture may prevent much further trouble. STREET TACTICS. You have been accustomed to apply the word " tactics " to your drill book. This application of the word is erroneous, and it is therefore necessary for me to say that on this branch of my subject I shall use the word in its proper and broader significance, in which it may be defined as " the art of handling troops in the presence of an enemy," or the "disposition and move- ments of troops for attack and defense when in the presence of the enemy." The maneuvering of troops in the streets of a city requires some special formations not prescribed in the drill books for maneuvering troops in the open field. Many systems have been devised and advocated, but all of them are too complicated. It should be borne in mind that the troops most likely to be used in sup- pressing riots will be " raw troops," unaccustomed to 316 vi scenes of dangerous excitement or to the sensation of being fired on. To attempt complicated maneuvers with such troops would result in confusion and conse- quent disaster. There should be only one formation used in street-riot duty, and that the most simple possible, both in its ployment and deployment. The system of street drill devised by the late General W. H. Brownell, of the New York National Guard, has heretofore been the most generally adopted and accepted system. His system may be briefly outlined \J as having two principal formations. His first forma- tion is a hollow square, with the front and rear sub- divisions extending the width of the street, from build- ing line to building line; the flank subdivisions in column of fours, and with sharpshooters in the line of file-closers inside the square. His second forma- tion is simply a column of divisions with the division fronts extended or contracted so as to exactly cover the width of the street from building line to build- ing line, and with sharpshooters on the flanks in the intervals between divisions. The methods of chang- ing from one of those formations to the other, or of assuming them either from column of fours or from column of companies, and of extending or contract- ing the front, are minutely prescribed. The forma-, tion of a hollow square he describes as " simply pre- cautionary for defense while marching to the scene of trouble, and prepared for any emergency." The other formation, an ordinary column of divisions, he calls the " assaulting or fighting formation." I have already stated my objection to having more than one formation for street-riot duty ; but if we should admit that two or more formations, with all the complicated maneuvers arising from them, might be desirable, it is impossible to conceive on what reasons the application of the two 317 formations above described have been based. It seems to me that their appUcation should have been reversed, and the hollow square made the fighting formation, as it is unquestionably the stronger formation, either for defense or offense. A radical defect in both formations is that in one the sharpshooters are inside the square, and in the otlier inside the flanks of the column — in both cases about as inappropriate as would be a skirmish line in rear of a line of battle. The system further prescribes that, being in column of fighting order and pressing the mob back closely, on reaching inter- vening streets the subdivisions of the leading division will vigorously execute the '' right and left turn " re- spectively, and thereby sweep away and detach from the mob its front ranks and drive them down the side streets. Even theoretically this seems rather a weak maneuver, and I would not hesitate to predict that if attempted would result in disaster, and that the sub- divisions making the " turn," with their flanks exposed to the pressure of the mob, would be those swept away. Another system of street drill has been published by Major E. G. Sprowl, of the California National Guard. Like Brownell's tactics, it shows infinite care and prac- tical knowledge in the most minute details of drill; in fact, it is most elaborate in details. Xt provides for " street-marching order," " double-column order," "street-tcorner order," "street-fighting order," and " build- ing-attack order." These and all similar systems of street drill are ex- cellent studies for professional soldiers in the methods of attack and defense of towns and villages, and veteran troops could probably be maneuvered by them under severe fire, but they are too complicated to use in hand- ling militia the first time it is brought under fire or into the pres3nce of danger. 318 I do not claim any originality for the street drill I have prescribed for you, and it may have even more faults than I have pointed out in other systems. I am, however, somewhat confirmed in my views by the fact that while they were in manuscript, and had not been made public, the U. S. Army Tactical Board adopted almost identically the same system. In our street drill I have prescribed but one forma- tion, and that is a modification of Brownell's hollow square formation, and have made a different application of it. The modifications consist in giving the square whatever front the number of men in the leading com- pany might happen to give it, except that in no case should the front exceed the width between curb-lines of the street, and in placing the sharpshooters oustide the square instead of inside. My reasons for these modifi- cations are: that it makes no difference whether the front of the squar§ reaches the building lines or not, for it may be extended from the flanks of the leading and rear subdivisions to the building lines by sharp- shooters, who would then be available and in position for effective work ; that the front of the square should not extend beyond the curb-lines for the reason that trees, lamp-posts, projecting steps, areas, fences, and other obstructions would often make it impracticable to march the flanks of the square in column of fours on the sidewalk ; that the sharpshooters, being placed out- side the square, would naturally occupy the sidewalk, and what would prove obstructions to a column of fours would serve as a cover for them, and they could more readily cover the windows on the side of the street opposite to them or reinforce the sharpshooters in front. The formation I have described obviates all maneuvering or change of formation ; it can be used first, last, and all the time ; it is the best formation in 319 which to march through riotous districts, as it is ready for instant work; it is tlie best for fighting, as it is equally effective for attack or defense, and is equally ' ready on every side for either. Intersecting streets or open parks, on one or both sides, are easily provided for by wheeling the flanking columns of the square into line ; and above all, the formation having been once taken, there is no liability of the troops being thrown into confusion by attempts to execute compli- cated maneuvers. Troops on riot duty should move through the streets without music or colors. If the riot is local, and a con- siderable distance from the armory, the troops should be moved by the least frequented streets and in column of fours, so that they will not interrupt public traffic or create excitement. If, however, the riot is a general uprising, the troops should be moved upon whatever streets military policy may indicate, and in the forma- tion of hollow square, as described. Sharpshooters should be considered as detached from their companies, and should be placed under the imm e- diate command of an inspector of rifle practice, who will receive his instructions and orders direct from the commanding officer. The essential quality in troops that are to be used against a mob is fire discipline, and in this quality the troops of the National Guard are sadly lacking. You should make it the most important feature of your in- struction and drills. Firing must be completely under the control of the commanding officer, both as to its be- ginning and ceasing. A single shot prematurely fired is an error ; a single life unnecessarily taken is a crime. With the exception of the sharpshooters, the fire should be by volleys and delivered by ranks. As the men are trained at much longer range than would be used in the 320 streets, the fire should invariably be delivered kneeling, to avoid the tendency to fire too high. It is unneces- sary to say that blank cartridges and harmless volleys over the heads of a mob should be absolutely prohibited. The sharpshooters should fire individually and only as directed by their commanding officer. The use of sharpshooters and their desultory firing makes it still more essential that the body of the troops should be held under stringent fire discipline. Having considered the modes of forming and moving troops, we may now properly consider the modes of dispersing or attacking a mob when finally brought in contact with it. If the mob is in an open street, without barricades, and does not occupy the houses on either side of it, while its offensive strength is reduced to its limited front its defensive strength must be measured by the depth of the surging mass of impassioned rioters constituting the body of it. The appearance of a strong military force O on its front may induce the leaders of a mob to listen and heed the demands to disperse, or to endeavor to escape from the threatening Gatling guns and levelled rifles confronting them. The dense crowd in the rear, hearing and seeing nothing of what is going on in front, are heedless of danger and pressing forward, so that it is impossible for the front to give way, whether desirous or forced to do so. Even after a deadly volley is fired by the troops, the rear of the mob is still unawed and presses forward. The troops should in no case be brought into imme- diate contact with such a mob. Bayonets and " butts to the front " would be of no avail, as in such hand-to- hand fighting the troops would quickly be overwhelmed by mere weight of numbers. The offensive and de- fensive power of the inferior number of troops rests in 321 discipline and in the bullet; two hundred troops in an ordinary street would hold the defensive against a mob of any size as effectually as two thousand. The commanding officer should therefore halt his troops a suitable distance from the mob, determine what number may be necessary to hold the mob in check, and divide the balance into two detacTiments to move down the streets parallel to the one held by the mob on each of its flanks, with instructions to come in on the flanks and, if possible, the rear of the mob by alternate side streets, so as not to fire on each other. The flanking and rear detachments should begin their work first, and, when they have disintegrated the mass of the mob so that its front may be able to give way, a determined ad- vance or a single volley on its front may quickly termi- nate the work, and with much less loss of life than would otherwise be entailed. An example of the value and effectiveness of this method of attacking a mob occurred in the draft riots in New York city in 1863. On the second day of the nots an immense mob moved down Broadway with the avowed purpose of attacking police headquarters. Less than two hundred policemen were available to meet the mob, and they were placed under the command of Sergeant Carpenter, with the signifi- cant order to " make no arrests," and were sent out as a " forlorn hope." The fight is thus described : " They moved down Bleecker street towards Broadway. As they turned into the latter street, only a block and a half away, they saw the mob, which filled the street as far as the eye could reach, moving t'lmultuously for- ward. ^ * ^ The less than two hundred policemen, compact and firm, now halted, while Carpenter detached two companies of fifty each up the parallel streets to the right and left as far as Fourth street. Coming down this street from both directions, they were to strike the 21 322 mob on both flanks at the same time he charged them in front. * * * The mob, just before so confident and bold, quailed in terror and would have broke and fled at once but for the mass behind, which kept bear- ing down on them. This, however, soon gave away before the side attacks, and the 'panic that followed * * * ^ It was a great victory and decisive of all future contests." STREET STRATEGY. In the sense in which used in connection with the operations of War, strategy has but a limited application to the problems arising from street-riot duty, and none whatever in what I have designated as local riots. In general riots the same principles that govern the move- ments and disposition of large armies in the field may be applied, with such modifications as the contracted field of operations would naturally suggest. If we consider strategy to be '' the general disposition and movement of troops with the view of compassing the enemy's overthrow under conditions that will secure the most decisive results," we may accept the orders issued by General St. Arnaud to his troops during the riots in Paris in 1851 as the best instruction we have on the subject : " Concentrate the troops in masses, care for them, feed them well, keep them from contact with the people, withdraw the too feeble posts, dispense with patrols, allow barricades to be constructed ; then, the moment for action being carefully chosen, attack unex- pectedly with compact force and crush all resistance." In the few cases of general riots we have had in this country the common error has been using small bodies of troops in attempts to quell disorder at many scat- tered points. Detached combats without decisive or material results exhaust the troops and encourage the rioters. During the first days of the " draft riots " in New York city in 1863 the small available force of military and police were completely exhausted by- being sent in small detachments to every point from which rioting or disorder was reported. A crowd dispersed, a few men killed, the troops withdrawn, and the rioters immediately reoccupying the ground were the only re- . suits gained. In all large cities the strategic points in the city should be determined, studied, and known beforehand, and in case of a general uprising the troops should be concentrated at these points as rapidly as they can be as- sembled, instead of being scattered throughout the city wherever rioting may happen to be going on at the moment. By strategic points I mean those points by which, or from which, the various districts of the city can be completely isolated from each other. These points having been thus occupied, a simultaneous move- ment, with each part supporting the others, and an over- whelming attack on the most important stronghold of the rioters would probably crush the uprising com- pletely or make further operations simply similar to the pursuit and breaking up of a defeated and demoralized army. It is a common error to regard a street as a defile, and to attempt to apply the rules of war relative to the at- tack and passage of defiles. In determining the selec- tion of strategic points and the movements of troops in a general uprising, a city should rather be regarded as a broken or mountainous country, with innumerable de- files, which make parallel, flanking, and rear movements possible and easy. In occupying the strategic points selected it is well to . keep the mass of the troops concealed as much as prac- ticable until the time for action arrives, so that, their sudden appearance may be an overwhelming surprise. ^ 324 It is a commonly accepted theory that armories in cities should be constructed as fortresses. If the ar- mories were located at strategic points, this theory might be correct ; but as they are generally located by the acci- dent of convenience or value of ground, I can perceive no practical or military reason in such theory. The armories of militia are simply places of meeting, and repositories for arms and equipments. Rioters have no incentive or desire to attack or be- siege armories; their plunder lies elsewhere. They might attempt to prevent the egress of troops assembled in an armory, but in such event a fortress would be of no more account than an ordinary building. The only attempt that rioters would make on an armory would be secretly and suddenly, with a view of obtaining or destroying the arms in it before the troops assembled. Against such an attempt a fortress guarded by a janitor would be no more secure than any ordi- nary building. If the militia are in the armory, with the arms in their hands, the rioters will not attack the armory with a view of obtaining the arms. If the militia have secured their arms and left the armory, it is of no more use to the rioters than any other unoccupied building. If the rioters were defeated in the open streets and could reach these deserted fortress armories before the troops returned to them, the tables might be turned and necessitate the troops besieging them. The militia are supposed to act on the offensive and not to shut themselves up in armories to act on the de- fensive. Their offensive operations should not be weak- ened by the thought that they have convenient and safe places within which to retire if they are defeated. This point is well illustrated by the disastrous results that followed from the militia allowing themselves to be shut up in the " round-house " at Pittsburg during the 325 riots of 1877. In case of defeat they should be with- drawn to public parks and open spaces, in which they can be concentrated, easily defend themselves on all sides, and be in position to resume the offensive at the first favorable opportunity. An armory should more properly be regarded simply as a secure place to keep arms, and that security can best be obtained by heavy iron gratings to doors and windows, and by keeping the arms in a special room with heavy brick walls, floor, and ceiling, and double steel doors, constructed with a view of resisting the efforts of rioters sufficiently long to allow the alarm to be given, instead of keeping the arms in ornamental and insecure racks in the open drill-hall. In all riots the commanding officer of the military force should keep himself constantly advised of the move- ments and purposes of the rioters by means of detec- tives, or scouts in civilian's clothing. It may be assumed that the civil authorities before calling for military aid will have provided for the pro- tection of the gas and electric light works, water works, fire department houses, telegraph and telephone lines ; will have closed all liquor saloons, and will have closed and guarded all gun stores. It should be the first care of the military commander to ascertain if these pre- cautions have been taken, and if not already provided for, he should suggest that the civil force he relieves be immediately disposed for that purpose ; or, if the civil authorities are inert and inefficient, should immediately assign the necessary military force to do it. When military force has been called to aid the civil authorities, the troops should never assume the functions of the 'police unless the civil authority is completely paralyzed. The functions of the police and the mili- tary are entirely distinct, and should be kept so. As a 326 rule, it may be said that the troops should on no occa- sion act as auxiliary to the police, while the police should constantly act as auxiliary to the military for the pur- pose of making arrests or taking into custody rioters that have been seized by or surrendered to the military. ATTACK or BARRICADES. If the rioters instead of being in an open street, have been forced into or taken a purely defensive atti- tude, and entrench themselves by means of barricades, a direct attack on such barricades should never be at- tempted until all other methods of capturing them have been tried and failed, or are evidently useless to attempt. A thorough reconnoissance of the surroundings of the barricaded position should be made to determine if it is possible to attack it on the rear or flanks. It is difficult to conceive of any position in which this would not be possible ; for, if the situation demanded such ex- treme methods, houses could be destroyed to open a direct access to the flank of the position. In some cases the position might be such that, if the number of troops were sufficient to warrant it, the whole entrenched position could be cut off and isolated while the work of suppressing the riot in other portions of the city pro- ceeded. If, however, all other methods fail and a direct attack on a barricade becomes necessar}^, artillery is indispen- sable, and the rapid fire or revolving cannon, capable of an unremitting fire of small shells, are best adapted to the work. The artillery should be run as far to the front as practicable and supported by the infantry des- ignated to make the assault, who in the meantime should be kept as much under cover as possible. The artillerymen should be protected from the fire of rioters occupying overlooking houses by epaulements impro- 327 vised from the nearest available material. Sharpshoot- ers of the infantry, acting as skirmishers, should prevent any return fire from the barricade and any attempt by its defenders to repair breaches made in it. Suitable forces of infantry should then start from the first avail- able house on each side of the street and fight their way from house to house until they reach the houses flanking and overlooking the barricade. When they have reached that point the infantry that has been held in support of the artillery should make a direct assault on the barri- cade, unless it shall have been already abandoned. When barricades have been carried, the pioneers or engineer troops should immediately remove or destroy them. An enterprising commander, with a very small force of courageous men, may surprise and capture a barri- cade in the night by watching the opportunities ofi'ered through want of discipline and proper guard duty on the part of its defenders, as they might generally be caught in a condition of drunken stupor. ATTACK AND DEFENSE OF HOUSES. If rioters have occupied houses, the first question in the mind of the commander of a military force should be whether to avoid, to isolate, or to attack them ; and an attack for the purpose of dislodging the rioters should not be made unless imperatively necessary. The houses may have been occupied by the rioters without forethought or plan, simply on the impulse of the moment, as a vantage ground frorti which to impede or annoy the passage of troops through a street when the rioters are not in sufficient force to resist their passage in the open street. In such cases, if troops are under orders to proceed to a designated point for a specific pur- pose, it would generally be best to avoid these locations 328 by taking a circuitous route. If, however, houses so occupied would remain as a menace in the rear of the advancing troops, or as an obstacle to their retreat in case of disaster, it would be better to isolate or blockade the square in which the houses are located, so that the occu- pants would be held in a trap from which escape would be impossible, and in which they might be held and dealt with at the proper time. If houses have been occupied as a place of refuge and defense by rioters who have been defeated in the open streets, or under the directions of competent leaders as flank defenses of barricaded positions or vantage grounds for fighting ; or if, for any reason, it becomes necessary to dislodge the rioters, the attack on such houses must be made systematically and with thorough preparation of all the appliances needed to make an attack suc- cessful. A direct attack on a house that has been barricaded for defense should never be made unless it is demon- strated that all other methods would be useless, and when made should be preceded by artillery fire that will destroy the interior defenses. The better method of at- tack, however, is the indirect. If the houses occupied by the rioters are part of a block of houses, the troops should take possession of the first house in the block not so occupied. If the roofs are' flat, the troops should attack the first occupied house by way of the roof, gaining access through the scuttles or by cutting holes in the roof. If the roofs are steep, ac- cess should be gained by breaking through the walls in the top story. It is infinitely better to fight downwards in a house than to fight upwards, and the latter should not be attempted if there is any possible way of avoid- ing it. Hand grenades or light dynamite bombs dropped down the roof scuttles or chimneys are good prelimi- 329 naries to the descent of the troops. After getting into a house no pause should be allowed in the attack ; the de- fenders should be followed closely from room to room and floor to floor until resistance ceases or they are driven from the lower floor into the hands of the troops in the streets. The first house in the block having been cleared, the next adjoining should be attacked in the same manner, and so on until the whole block is cleared. If all of the houses in a block are occupied by the riot- ers and it becomes necessary to make a direct attack on one of them in order to obtain a foothold from which to attack the others in the method I have described, the mode of attack must be determined by circumstances. If the houses on both sides of the street are occupied by rioters it may be found best to make the attack on the rear of the house, as less likely to be well guarded and protected. In such case, if the houses on the parallel street are not occupied by the rioters, sharp- shooters should be stationed in their rear windows to cover the attacking party while they are forcing en- trance into the opposite house. In the same way if the rioters only occupy the houses on one side of a street and it becomes necessary to make the attack on the front of a house, it may be covered by sharpshooters from the windows of the houses on the opposite side of the street, and the detachment of troops detailed for the attack should, if possible, approach from the right and keep close to the building line, for the reason that the defenders would be obliged to lean far out of the windows to fire upon them, and would thereby expose a large part of their own bodies to the fire of the sharpshooters. To force an entrance into a house under these conditions, small bags of gunpowder nailed against barricaded doors or windows, and exploded, will be found very eff'ective. 330 Artillery, however, is the best instrument with which to open passage into a block of houses occupied by riot- ers. A foothold once gained in one house of a blockj the balance is easy. The methods of defending buildings entrusted to your care are as important for you to study as the methods of attacking buildings occupied by rioters. What I have outlined to you as methods of attack may be suggestive of the proper methods of defense. I would assert, as a general principle, that no build- ing should be defended from within itself until all its outlying defenses have been forced. The first defense should be outside of and at a considerable distance from the building. The building should be regarded solely as the citadel of the defense, the last refuge of the de- fenders. Given the defense of an important building, the de- fenders should erect and occupy barricades on all pos- sible avenues of approach to the building, and at such distances that neither dynamite nor fire could be used against the building by the rioters; these barricades may be designated the outer line of defense. All sur- rounding buildings that command the fronts and entrances to the building should be simultaneously occupied as a second or interior line of defense. In anticipation of the possibility of both the outer and inner lines of defense being carried, a reserve of troops should be posted within the building with instructions to prepare it for resisting assault and to protect the re- treat of the outlying troops if they should be forced to seek refuge in it. In preparing a building to resist assault, as many entrances as possible should be closed, and all the outer doors and windows of the basement and first story care- fully barricaded with furniture, rolls of carpet, mat- 331 tresses, piles of books, or any available material. Loojd- holes should invariably be made so high that the assail- ants cannot use them from the outside, boxes and chairs being provided to enable the defenders to use them from the inside. Supplies of food, water, means of lighting, and facilities for extinguishing fire should be provided. If the building is accessible from adjoining buildings, the roof should be occupied, and partition walls on each story loopholed. If the situation seems to demand ex- treme precautions for defense, the stairways should be demolished and ladders substituted, all interior doors and partitions loopholed, and long halls or passage-ways barricaded. If the building is assaulted the defense must be obstinate, as defeat would probably mean an- nihilation. ♦ DEFENSE OF RAILWAYS. The defense of railways running through insurgent districts may be governed by the ordinary rules of war. The embarking, movement, and debarking of troops, covering bridges and culverts from destruction, and pro- tecting tracks from being torn up do not properlj^ come within the scope of this lecture. The defense of rail- road property within a city, especially when its tracks traverse the city or penetrate nearly to its center, is a difficult problem, and the only one that we need now consider. Passenger stations and freight depots in a city may be protected and defended in the same way that I have described for the defense of other buildings. The rolling stock of the railroad, and especially the loaded freight cars, should be collected at one point and placed in a solid mass on parallel tracks, in which condition they may be treated as a building and defended in the same manner — that is, the first defense should be at a distance 332 from the mass of cars. In parking the cars, open or " flat " cars should be placed on the outer tracks and at the ends of each line of cars, with bales of hay or barrels of merchandise arranged on them to constitute a bul- wark for final defense against assault. Keeping the railway tracks open withm the limits of a city and preventing their being tampered with or de- stroyed should not be attempted by guards or a line of sentinels. It may be better accomplished by the con- stant running back and forth of a locomotive with open cars attached to its front and rear, carrying picked rifle- men and a strong detachment of troops. What I have already indicated to you in regard to all street-riot duty is particularly applicable to railways and railroad property within a city — keep the mob at a distance; do not plant yourselves on, within, or im- mediately about, the property to be defended ; make your defense at such distance from it that the property cannot be molested while you maintain your outer defense. CONCLUSIONS. You probably think that I have exaggerated the dangers which threaten our country from mob violence in the future, and that I u;ge too strongly such prepara- tions to suppress lawlessness as will prevent it from ever asserting itself Few of you are aware, and probably the mass of unthinking and law-abiding citizens may be startled to know, that within the last two years the militia have been called into service thirty-seven times in twenty-six different States. If that is the record for the last two years, what may you expect in the future ?LIs it not time for the civil authorities to study the causes of these outbreaks and to ameliorate the conditions that give rise to them ; and is it not time for the military 333 authorities to study the best methods of suppressing them if civil authority fails to remove the causes and prevent them ?j The quelling of riots is not an easy matter. Com- pared with the excitement and honors of war against a national foe, there is little of the heroic in defending the integrity of the law and the safety of property ; and yet there is no duty that can fall to the lot of a soldier that is so vitally important to the future of our country. In dealing with a riot there must be no apparent hesitation. vEhe lawless elements that would reduce the Republic to anarchy must be taught that so long as law exists there are men who will defend and enforce it, no matter how obnoxious or unjust the law may be ; and that those who forcibly resist it will be treated for the time not as American citizens, but as felons^ For- tunately most mobs in this country contain very few Amercan citizens, and those few are generally criminals and vagabonds. The questions involved in street warfare are declared by the ablest French military writers to be the most difficult problems that a soldier is called upon to solve. General Molineux, of New York, says : " While every other branch of the art has received serious and exhaustive consideration, while marked advancement has been made in military arms and methods during the past twenty years, the subject of the suppression of street riots and civil disturbances has failed to enlist that attention which its importance merits and de- mands." He further gives some valuable suggestions in regard to the duties of officers in street-riot duties, with which I so fully agree that I cannot do better than quote them fox your consideration : " As in all operations of war the closest attention is paid by commanding officers to the topography and