WAR DEPARTMENT,
WASHINGTON.

November 7, 1919.

Honorable Thomas W. Bickett,
Governor of North Carolina,
Raleigh, North Carolina.

My dear Governor:

In the present disturbed condition of the Country there will doubtless arise, as there has in the past, the necessity for the use of organized force in the protection of life and property and the maintenance of law and order. There appears to be a wide-spread feeling that Federal forces are available in all such emergencies in our National life. The theory of our Government, however, is opposed to the use of Federal forces except for certain specific Federal purposes. When Federal forces are used for State purposes it is an admission on the part of the State Government that they are unable to cope with the situation. The protection of private property, rights, liberties and lives of the inhabitants of any State is primarily the duty of the individual concerned, under the law of self-defense; next it devolves upon the constituted local authorities. The use of Federal troops for this class of duty has heretofore always been the last resort and should be so considered in the present case. Our Constitution contemplates the use of Federal forces for local or State purposes only when all other forces of the locality or State have been exhausted, or have been found insufficient to meet the emergency, or when it is evident that such measures will prove inadequate. Then, and then only, should Federal forces be called upon to handle the situation.

The relation of our Federal Government and forces to the State Government can not be altered by reason of the wide-spread theatres of operations which may result from the present unrest. We can be assured, however, that these theatres will lie within the domain of some State and it is the duty of the local authorities of such State to use all means within their power to curb and control internal disorders.

In view of the above, and in order that an organized force may be provided which is suitable and available for the purposes herein touched upon, the attention of all Governors and State authorities is invited to the fact that the National Defense Act of June 3, 1916, is still in force. The War Department is in a position to furnish assistance to the National Guard formed under this law, and it is a matter of deep concern to the War Department that so little progress has been made in the organization of the National Guard which is so essential in the handling of internal problems by State authorities. The War Department, under the Act of June 14, 1917, is also prepared to furnish to Home Guards certain articles of equipment for local defense under the conditions laid down in that Act.

It is known that six States have efficient Home Guards or State forces now in existence. I have been informed that only twenty-five States of the Union have National Guard units at this writing. The War Department has allotted the funds appropriated by Congress and has notified every State and District authority of the number of troops desired from their locality, and is willing to encourage in every way the formation of National Guard units so far as appropriations and the provisions of law will permit. Although the appropriations covered a force of 106,200 men there is in existence at the present time barely 35,000 of these men organized as National Guard; the money has been available since the 11th day of July and the War Department has made every effort consistent with law and appropriations to aid in the organization of the National Guard units. There appears to be a spirit of apathy or antagonism toward the organization of this local force which it is impossible to reconcile with the patriotic duty and loyalty of the citizens and officials of our State Governments.

It is requested that the State authorities make a special effort to immediately organize throughout the United States the force known as National Guard under the Act of June 3, 1916, and that they make every effort to overcome any spirit of apathy or antagonism to the National Guard that may be manifested within their States.

In those States where the requirements of the National Defense Act can not be fulfilled, the State authorities certainly can comply with the provisions of the Act of June 14, 1917, and secure proper equipment for properly constituted State forces to preserve law and order within the borders of the States.

It should be borne in mind that our Regular or Permanent Army is designed to resist and overcome enemies of our Government and is provided for strictly Federal use. It is not supposed to be utilized for the purpose of quelling disorders or riots among our citizens, unless such citizens assume the position of enemies of our Government or endeavor to overthrow State Governments or offer State Governments domestic. violence. This use of our Federal forces can be avoided if the State authorities take adequate, proper and timely action for the suppression of lawlessness and disorder which may possibly ensue in the near future. Whatever be the cause of our backwardness in developing military forces for our local communities, the emergency before this Nation at the present time demands action on the part of State authorities. It should be distinctly understood that State forces are designed not to oppose or to favor either party to a dispute, but are to protect States and localities from acquiring a reputation for lawlessness during periods of local unrest from any cause. This purpose should appeal to and animate every loyal patriotic individual.

Your earnest efforts and immediate cooperation are requested in this matter.

Yours very truly,

Newton D. Baker
Secretary of War.