The Providence news. (Providence [R.I.]) 1891-1906, 1894-07-09
THE LAW IN THE CASE.

Governor Altgeld should have looked
mp the law on the case before he remon-
strated with the President and ques-
toned his right to order out the military
under sections 529S and 5000 Of the
revised statutes of the United States.
Mr.. Justice Storey, writing the opinion
in the case OF Martin VS.. Mott, reported in
THO ~ Wheaton, United States Supreme
cohrt reports. says: "The power thus
confided by Congress to the President is
doubtless of a very high and delicate
nature A free people are naturally
jealous Of the exercises of military power;
and the power to call the militia into
actual service is certainly felt to be one
of no ordinary magnitude. But it is
not power which can be executed
without a correspondent responsibility !;
and the question arises, by whom is
the exigency to be judged of and decid-
ed? Is the President the sole aud exclu-
sive judge whether the exigency has
arisen, or Is 1t to be considered as an
open question, upon which every officer
to whom the orders of the President are
addressed may decide for himself, and
equally open to be contested by every
militiaman who shall refuse to obey the
orders of the President? We are all of
opinion that the authority to decide
whether ths exigency has arisen be-
longs exclusively to q President,
and that his decision is conclusive
upon all other persons. We think
that this construction necessarily results
from the. nature Of the power itself, and
from the manifest object contemplated
by the act of Congress. The power it
self is to be exercised upon sudden en-
ergencies, upon great occasions of state,
and under circumstances which may be
vital to the existence of the Union. A
prompt and unhesitating Obedience to
to orders is indispensable to the COM
plete attainment of the object"
And again in the decision of the Su-
preme Court OF the United States in
Luther VS.. Borden. z Howard UNITED
States Supreme Court Reports, Chief
Justice Taney, delivering the opinion of
the court, says:
cit is said that this power in the
President is dangerous to liberty and
may be abused. All power may be
abused if placed in unworthy hands.
But it would be difficult, we think, to
point out any other hands in which
this power would be more safe,
and at the same time equally
effectual. When citizens of the
same State are in arms against each
other, and the constituted authorities
unable TO execute the laws, the interpo-
sition of the United States must be
prompt, or it is of little value. The or
dinary course Of proceedings in courts
Of justice would be utterly unfit for
the crisis. And the elevated Office of
the President, chosen as he is
by the people Of the United
States, and the higher responsibility he
tJuiu NV Aoh w icci WhuH dCtiuk
in case of SO much moment, appear to
furnish as strong safeguards against
wilful abuse of power as human pru-
dence and foresight could well provide
At all events, it is conferred upon him
by the constitution and laws Of the
United States, and must therefore be
respected and enforced in its judicial
tribunals"
But Altgeld has evidently learned
something since he wired his second
telegram, and is now as anxious to CO.
operate with the President in restoring
order as he previously was to. resent
what he considered an invasion Of State
rights.
The country at large has not ques-
toned the Presidents right, and has
applauded his frmness and decision in
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