arrogantly used to say of himself, "The State? I am the State!" This being so, the governor and the State being one and the same thing, his actions in proclaiming and suppressing insurrections may not be inquired into by any earthly tribunal. He is supreme.
However, regardless of the decision of the Supreme Court, we know that the governor is only the chief executive officer of the State; in other words, he is only the chief executive servant of the Commonwealth, and in that capacity he owes the same allegiance to the law as does the humblest citizen. In fact, he should show even a greater respect for the law than the average citizen, so as to set a good example for the latter. Therefore, if the governor, forgetful of his solemn oath of office, and the sacredness of the trust reposed in him by his fellow citizens, attempts with the aid of the National Guard to prevent citizens from resorting to courts of law, or to bring courts of law into contempt by causing their decisions to be ridiculed, disobeyed and ignored, he and all those acting under him are as guilty of insurrection and rebellion against the State, and even more so, than ordinary persons doing the same things.
This is exactly what Governor Peabody did.
He declared the strike of the miners and smeltermen to be a rebellion against the State!
He farmed out the State militia to the mine owners and smelter trust!
He caused the militia to hound and persecute mercilessly the striking miners in order to force them to give up their struggle; meanwhile telling the outside world that he was suppressing a rebellion!
He caused his soldiers to invade the District Court of Teller County, in an effort to intimidate that court into denying justice to innocent men; while posing
The Pinkerton Labor Spv. 143