Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-10
The strite-Fedsrai Authority.

II Is hardly worth while TO examine
whether that instrument does or does
not confer upon the President Of the
United States the power to put down
such riots as those which have for days
made Chicago the centre towards which
all eyes and all hearts were turned.
The Chief Executives OF all great coun-
tries have always been found and will
always be found to be men who Ike
julius Caesar are ready to make a way
II they cannot find a way Of protecting
their countries from anarchy. misrue.
tumults. and internecine troubles OF all
kinds. The welfare OF the people Is the
supreme law everywhere-salus populi
suprema est lex.
President Cleveland declined to discuss
constitutional questions with Governor
Altgeld, as Mr.. Lincoln declined to
discuss such questions with Governor
Letcher or any other Governor VINO
seemed disposed to deny the power of
the Federal Government to put down
"fnsurrection" or rebellion
The New York Journal of Commerce.
like many other papers, finds the power
to regulate commerce among the several
States to be the foundation upon which
are based all the powers which the
President needed to exercise In order
TO put down the Chicago rioters. That
paper says that the public interests out
grew the theory that in the absence of
congressional action the several States
were free TO do what they liked with
commerce that crossed their borders.
and a new theory was substituted for
II, in order that there might be com
mon policy, common responsibility,
and a common rule of conduct. The
new theory may be styled judge-made
law, but 1t is. nevertheless, the law Of
the land. We have no doubt. however,
that in the absence of the constitutional
provision expressly authorizing Congress
to regulate commerce among the several
States the right to exercise the powers
which the President has been exercising
during the Chicago troubles would have
been found elsewhere In the Constitu-
ton. There are so many powers en-
trusted TO what has become the strong
arm of Federal power that the Presi-
dent need not search far nor long be-
fore he finds authority for making that
strong arm felt from Maine to Califor-
mia.
However. as the Journal of Commerce
says, Congress took action that threw
upon the Federal Government the duty
Of protecting the agents of interstate COM
merce from local interferences OF all
sorts. And so IL there were no other
way provided for the President 10 act in
such an emergency as he found hiinseh
In last week, he might rely upon those
three or four words Of illmitable import
which read that Congress shall have
power to regulate commerce among the
several States"
II would be interesting to notice some
of the provisions Of the Federal Consti-
tuition which may be made TO bear upon
the Presidents right to exercise the
powers Witch he has found 1t necessary
10 exercise in the Chicago case.
The general-welfare clause can be
auc'fd IN defence of almost any exercise
Of the Federal power. And as Congress
is empowered to call forth the militia
10 execute the laws of the Union ana
the militia of one State may be sent into
another State. 1t would seem that an am
bilious President need not lack for au-
thority 20 execute his own sweet Will
Congress is empowered 20 establish
post-offices and post-roads, and 70 do nu-
merous other things. But we need not
quote the solid page of the Constitution
which confers power after power upon
Congress. The whole array is embraced
in the following provision:
Congress shall have power to make all
laws which shall be necessary and proper
for carrying into execution the foregoing
powers and all other powers vested by
this Constitution in the government OF the
United States or In any department or Oh
fcer thereof.
In short, when the time comes when
the Federal Constitution must have
new gloss put upon it, that instrument
will rot be found to stand in the way
of the accomplishment Of that OBJECT
In the words Of the Journal OF Commerce.
eft would be preposterous II moDs couiu
be Permitted to do that which the eu-
preme Court has declared that State Leg
islatures may not do