§254. Proclamation to disperse

Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.

(Aug. 10, 1956, ch. 1041, 70A Stat. 16 , §334; Pub. L. 109–364, div. A, title X, §1076(a)(2), Oct. 17, 2006, 120 Stat. 2405 ; Pub. L. 110–181, div. A, title X, §1068(a)(2), Jan. 28, 2008, 122 Stat. 325 ; renumbered §254, Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497 .)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
334	50:204.	R.S. 5300.

The words "militia or the armed forces" are substituted for the words "military forces" for clarity and to conform to sections 331, 332, and 333 of this title.

Derivation

Act July 29, 1861, ch. 25, §2, 12 Stat. 282 .

Editorial Notes

Codification

Another section 254 was renumbered section 240d of this title.

Amendments

2016-Pub. L. 114–328 renumbered section 334 of this title as this section.

2008-Pub. L. 110–181 struck out "or those obstructing the enforcement of the laws" after "insurgents".

2006-Pub. L. 109–364 inserted "or those obstructing the enforcement of the laws" after "insurgents".

Executive Documents

Proc. No. 3204. Obstruction of Justice in the State of Arkansas

Proc. No. 3204, Sept. 23, 1957, 22 F.R. 7628, commanded all persons in the State of Arkansas who were obstructing the enforcement of orders of the United States District Court for the Eastern District of Arkansas relating to enrollment and attendance at public schools, particularly Central High School at Little Rock, Arkansas, to cease and desist therefrom and to disperse forthwith.

Proc. No. 3497. Obstruction of Justice in the State of Mississippi

Proc. No. 3497, Sept. 30, 1962, 27 F.R. 9681, commanded all persons in the State of Mississippi who were obstructing the enforcement of orders entered by the United States District Court for the Southern District of Mississippi and the United States Court of Appeals for the Fifth Circuit to cease and desist therefrom and to disperse and retire peaceably forthwith.

Proc. No. 3542. Unlawful Obstruction of Justice and Combinations in the State of Alabama

Proc. No. 3542, June 11, 1963, 28 F.R. 5707, commanded the Governor of the State of Alabama and all other persons who were obstructing the orders of the United States District Court for the Northern District of Alabama relating to the enrollment and attendance of Negro students at the University of Alabama to cease and desist therefrom.

Proc. No. 3554. Obstruction of Justice in the State of Alabama

Proc. No. 3554, Sept. 10, 1963, 28 F.R. 9861, commanded all persons obstructing the enforcement of orders entered by the United States District Courts in the State of Alabama relating to the enrollment and attendance of students in public schools in that State to cease and desist therefrom and to disperse and retire peaceably forthwith.

Proc. No. 3645. Obstruction of Justice in the State of Alabama

Proc. No. 3645, Mar. 23, 1965, 30 F.R. 3739, commanded all persons engaged or who may engage in domestic violence obstructing the enforcement of the laws and the judicial order approving the right to march along U.S. Highway 80 from Selma to Montgomery, Alabama commencing during the period from Mar. 19, 1965 to Mar. 22, 1965 and terminating within 5 days of the commencement to cease and desist therefrom and to disperse forthwith.

Proc. No. 3795. Obstruction of Justice in the State of Michigan

Proc. No. 3795, July 26, 1967, 32 F.R. 10905, commanded all persons engaged in domestic violence and disorder in Detroit, Michigan, and obstructing the enforcement of the laws to cease and desist therefrom and to disperse forthwith.

Proc. No. 3840. Obstruction of Justice in the Washington Metropolitan Area

Proc. No. 3840, Apr. 9, 1968, 33 F.R. 5495, commanded all persons engaged in acts of violence threatening the Washington Metropolitan Area and obstructing the execution of the laws to cease and desist therefrom and to disperse forthwith.

Proc. No. 3841. Obstruction of Justice in the State of Illinois

Proc. No. 3841, Apr. 9, 1968, 33 F.R. 5497, commanded all persons engaged in violence in and about the City of Chicago and obstructing the enforcement of the laws to cease and desist therefrom and to disperse forthwith.

Proc. No. 3842. Obstruction of Justice in the State of Maryland

Proc. No. 3842, Apr. 9, 1968, 33 F.R. 5499, commanded all persons engaged in acts of violence and obstructing the enforcement of the laws in and about the City of Baltimore to cease and desist therefrom and to disperse forthwith.