The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-08-27

The Presidents Authority,
In the Albany Law Journal of Aug.
4, James j. IL. Hamilton, Of this city,
contributes lucid article, explaining
the limitations of federal authority as
contrasted with the authority of the
several states. Mr.. Hamilton's discus
sion Of this subject is comprehensive
and thorough, and is in reality digest
of the more important rulings and
opinions of the courts, and Of the fed
eral statutes bearing upon this intricate
question. The immediate text of his
contribution is supplied by the discus
sion which has arisen because Of the
presidents action in sending United
States troops to Chicago and other
places of danger during the recent
Debs railway strike.
Mr.. Hamilton points out that zone
cause Of error on the part of some who
have criticized the presidents action
in sending government troops into IL
linois without waiting to be requested
10y Governor Altgeld to do SO, is q fail
ure on the part of the critics to distin-
guish between an insurrection against
the government of the state and an in
surrection against the government of
the United States. In the former
case it might perhaps be the duty of
the president to wait until called upon
for help by the governor of the state,
provided the insurrection in no way
interfered with or violated the laws of
the Union. The presidents duty in
such case is pointed out in section
5,297 Of the revised statutes Of the
United States, which enacts that
In case Of an insurrection in any state
against the government thereof, it shall be
lawful for the president, on application of
the legislature of such state, or of the ex-
ecutive, when the legislature cannot be
convened, to call forth such number of
the militia Of any other state or states,
which may be applied for, as he deems suf.
ficient to suppress such lnsurrection; or, on
like application, to employ, for the same
purpose, such part Of the land or naval
forces of the United States as he deems
necessary.
"But the late insurrection at Chi
cago was against the government OF
the nation, in contempt of the federal
courts, in violation of federal law. In
such case it can never be the duty OF
the president to wait until the gov
ernor, who may be in sympathy with
the insurgents, requests him to enforce
national law and avenge the insult to
the nations power. 1t can never be
his duty to sit idly by and see the gov.
ernment detied and the Union de-
stroyed for lack of power to send gov.
ernment troops into the sacred con
fines of sovereign state to enforce
national law. The duty of the presi.
dent in case of insurrection against the
United States is clearly set forth in the
revised statutes, section 5,29S which is
as follows:
Whenever, by reason Of unlawful oh.
structions, combinations, or assemblapes
of persons. or rebellion against the au
thority OF the government of the United
States, it shall become impracticable in
the Judgment of the president to enforce.
by the ordinary course of judicial proceed.
ings, the laws of the United States within
any state or territory, it shall be lawful
for the president to call forth the militia
OF any or all the states, and to employ
such parts Of the land and naval forces Of
the United States as he may deem neces-
sary to enforce the faithful execution of
the laws Of the United States, or to snn.
press such rebellion in whatever state o,
territory thereof the laws of the United
States may be forcibly opposed, or the exc.
cution thereof forcibly obstructed.
"But the next section (5299) of the
United States statutes goes still further
1t enacts that
Whenever insurrection, domestic vlol-
ence, unlawful combinations, or conspir-
acies in any state 30 obstructs or hinder,
the execution of the laws thereof, and OF
the United States, as to deprive any
portion or class of the people of such state
of any of:the rights, privileges or immuni-
ties, or protection, named in the constitu
tion and secured by the laws for the pro-
lection of such rights privileges or immu-
mites, and the constituted authorities OF
such state are unable to protect, or from
any cause fail in or refuse protection OF
the people in such rights; in al
such cases, or whenever any such insur
rection, violence. unlawful combination, OF
conspiracy, opposes or obstructs the laws
of the United States, or the due execution
thereof, or impedes or obstructs the due
course Of justice under the same, it shal
be lawful for the president, and it shall bt
his duty, to take such measures, by thu
employment of the militia or the land ant
naval forces of the United States, OF either
or by other means, as he may deem neces
sary, for the suppression OF such insurrec-
tion, domestic violence or combinations"
An interesting portion of Mr.. Ham
ilton's article is where after quoting
from the Federalists, No. 20, its asser
tion that the power to command the