1894: Coxey's Army Tests Limits on Protest
Do freedom of assembly and petition apply when Jacob Coxey leads an "army" of unemployed men to the U.S. Capitol to protest economic policies?
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This Critical Debate is part of a Debate Comparison:
See all Debate Comparisons- Constitution
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- 9-12
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This illustration from Harper's Weekly magazine shows "General Coxey" approaching the Capitol. Harper's Weekly was well known for its illustrations; photographs were still uncommon in print in the 1890s.
- Pass out and read the Coxey's Army case study scenario. Check for comprehension and ask students to identify the First Amendment freedom(s) at issue in this case.
- Break your class into small groups and assign each group one of the people/perspectives. Hand out copies of the Organizing Evidence and Present Your Position worksheets. Give groups 30 minutes to look at the primary sources online and answer the worksheet questions.
- Have each group present their position and arguments. Keep the gallery of case study resources on NewseumED.org open so students can refer to them as they explain their reasoning.
- Historical case study handout, one per student (download)
- Organizing Evidence and Present Your Position worksheets, one of each per group (download)
- Case study primary sources (below)
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Should the government limit protesters' access to the U.S. Capitol, where their elected representatives conduct business?
In 1894, the United States is facing a serious economic depression with 18 percent unemployment and businesses failing. President Grover Cleveland remains firm in his belief that the government should not fund social or economic aid programs.
Jacob Coxey, a wealthy Ohio businessman, disagrees and wants the government to fund projects such as road building to hire the unemployed. He announces a plan for his followers, whom he calls the "Industrial Army," to march to Washington to deliver their proposals directly to Congress.
About 500 men eventually arrive in the District of Columbia – far fewer than the 100,000 Coxey had predicted. The group, which becomes known as Coxey’s Army, marches to the U.S. Capitol, where Coxey attempts to deliver a speech from the steps. Before he can finish, police remove him and his followers. Police cite an 1882 law that bans giving speeches or carrying signs on the Capitol grounds in order to preserve the “quiet and dignity of the Capitol of the United States.”
Coxey is arrested, and the nation debates the tactics of Coxey’s Army. Some congressmen and newspaper editorials express gratitude that the peace and order at the Capitol has been preserved. Others rush to defend Coxey’s actions as a valid form of petitioning the government.
Take the role of a historical figure below and find evidence to argue your case.
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?This photograph of Coxey dates to circa 1910-15, when Coxey was in his 50s and early 60s.Library of Congress, Prints & Photographs DivisionJacob Coxey, businessman and leader of the “Industrial Army”
As Americans, we have a right to assemble and petition our elected leaders where they work, especially in the face of a serious economic crisis that is causing many people to suffer.
"The Constitution gives us the right to [parade on the Capitol grounds], and Congress has no power to pass laws in violation of the Constitution. There is no legal authority on the party of anybody to prevent my making a speech on the steps of the Capitol, and that I propose to do."
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?This photograph of President Grover Cleveland was taken by C.M. Bell circa 1888, during his first term in office.
Library of Congress, Prints & Photographs DivisionPresident Grover Cleveland
Marching at the Capitol will not help fix the economy and will not convince me to change my position. It will create a disruption and interfere with important government business.
"The Constitutional right of petition does not justify methods dangerous to peace and good order, which threaten the quiet of the National Capitol, which are contrary to law and opposed to the ordinary means of obtaining legislative relief under our system of government.”
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?William G. Moore served as the Major and Superintendent of the D.C. Police Department from 1886 to 1896.Courtesy Metropolitan Police DepartmentPolice Superintendent William G. Moore
This march could be dangerous and will disrupt the routine at the Capitol. The law clearly states that the Capitol grounds should remain peaceful, and it is my job to enforce the law.
"This act is very stringent. It will serve to prevent the meeting on the steps of the Capitol and its provisions are ample in allowing the police force to deal with loiterers.”
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?(Left) William Allen of Nebraska was also a Populist. He served in the Senate from 1893 to March 1899, and then from December 1899 to 1901. (Right) This photograph of Senator William Peffer of Kansas was taken between 1891 and 1897, during his time in Congress. He was in his 60s at the time.
U.S. Senate Historical Office Kansasmemory.org/Kansas State Historical SocietySens. William Allen (Nebraska) and William Peffer (Kansas)
These men have a right to present their ideas to their elected leaders. As members of Congress (Sens. William Allen and William Peffer) seeking a solution to our nation’s problems, we should allow them to bring their message to the Capitol and should listen to what they have to say.
Jacob Coxey and his followers “have a right to enter upon the Capitol grounds and into the Capitol building itself as fully and to as great an extent as other citizens or persons.”
- Did this gathering interfere with government business?
- Did this gathering harm the dignity of the U.S. Capitol?
- Could Coxey’s Army have used other methods to make their point? Besides assembling at the U.S. Capitol, how else can you effectively petition the government?
- Should there be restrictions on assemblies and speeches on the U.S. Capitol grounds? If yes, what restrictions do you support? If no, why not?
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National Center for History in the Schools: NCHS.Historical Thinking.4
A. Formulate historical questions. B. Obtain historical data from a variety of sources. C. Interrogate historical data. D. Identify the gaps in the available records, marshal contextual knowledge and perspectives of the time and place. E. Employ quantitative analysis. F. Support interpretations with historical evidence. -
National Center for History in the Schools: NCHS.US History.Era 3
Standard 1: The causes of the American Revolution, the ideas and interests involved in forging the revolutionary movement, and the reasons for the American victory Standard 2: The impact of the American Revolution on politics, economy, and society Standard 3: The institutions and practices of government created during the Revolution and how they were revised between 1787 and 1815 to create the foundation of the American political system based on the U.S. Constitution and the Bill of Rights
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Center for Civic Education: CCE.II
A. What is the American idea of constitutional government? B. What are the distinctive characteristics of American society? C. What is American political culture? D. What values and principles are basic to American constitutional democracy?
