Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-09-30

act - the president In employing the
military power IL ss,t'.,,s.a the Federal
laws By the constitution the pnes!,s:;..,.
is expressly obligated 10 take care
In addition to this there are two other
provisions of that instrument from
which his authority must be determin-
ed. namely: article 4, section
1.-THE United States shall guarantee
TO every state In this Union a republi-
can form OF government, and shall pro-
tect each OF them against invasion; and
on application OF the legislature or Of
the executive (when the legislature cam
not be convened against domestic VIC
Article 1, Section 8. "The congress
shall have power . TO provide for
calling forth the militia 10 execute the
laws Of the Union, suppress insurrec-
lions and repci invasions."
1t is insisted that the act was not
authorized by Article 4. section 4, be-
cause the governor of Illinois. the
legislature not being in session, not
only did not request. but protested
against IL or by article /. section s,
because congress anu the president are
limited to providing for and calling
out the militia to execute the laws.
II il too plain for discussion that the
first paragraph of article 4. section 4.
has no application. as there Is no sug-
gestion of the want of republican
form OF government In Illinois, or OF
an invasion of that state. Nor were
the laws of the United States being
obstructed, though by the same acts
domestic violence in q state ensues, Is
the president required to await APP
plication by state authorities. We live
under dual government. The laws
OF the United States, equally with the
laws of Illinois, are operative through
out the territorial limits OF that state
and the same persons by the same
acts may infringe the laws OF both
governments. In sending troops to
Chicago, the president was not under
taking to protect the state against
domestic violence under this provision
OF the constitution, but his purpose
was to execute the laws of the United
States. TO have required him to
await state action would practically
have devolved these duties upon state
authorities or conditioned their per-
Torrance upon their action. That in
enforcing the laws of the United States
in Illinois by the same act domestic
violence there was incidentally quelled,
results from our peculiar form Of gov
eminent. Although by article l. Sec
tlon 3, congress is authorized TO pro-
vide for calling out the militia to ex-
ecute the laws OF the Union, It may
also provide for the employment of
the army. AS n question of first i'm
precision. this would nee 2ssarily fol-
low. but it Is settled by authority and
democratic precedent. Mr.. Desty In
his work on the constitution, says that
the authority to cell out the militia
implies no prohibition to employ the
army and navy for the same pur-
poses" Judge Story in his commen-
taries thus states the rule; 'There are
but one Of two alternatives which can
be resorted to In cases Of Instruction
invasion or violent opposition to the
laws, either to employ regular troops
or to employ the militia to suppress
them. In ordinary cases indeed the
resistance to the laws may be put
down by the posse comitatus, or the
assistance OF the common magis-
tracy. But cases may occur in which
such resort may be utterly vain and
even inischievcus." This has been the
construction Of the constitution since
the foundation Of the government and
as early as March O., 1907, Mr.. Jeffer-
son approved an act of congress which
provides: THAT in all cases OF in
surrection or obstruction to the laws
either Of the United States or of any
Individual state or terriiority, where
II - lawful iui Allf IlENlutiAl Ul lnt
| United States to call forth the militia
for the purpose of suppressing such
insurrectlon, or of causing the laws
to be duly executed, 1t shall be law
full for him to employ for the same
purpose, such part Of the land or
naval forces of the United States as
shall be Judged necessary, having
first observed all the prerequisites OF
the law in that respect" Congress
having by appropriate legislation given
effect to these powers, there can, l
think. be no doubt, OF the authority
OF the president. My study of our con-
stltution and by observations OF the
use of the regular army in time Of
peace In this state do not impress me
with the wisdom OF the hasty or
habitual exercise of this extraordinary
power. Obviously the army is not a
safe repository OF the functions OF
civil magstracy. Its methods are ar
bitrary and Its unnecessary and con-
slant use VIII not tend 10 inspire the
people with love OF civil institutions,
but rather a reliance upon It ulti-
mating in an intolerable military des-
potlsm. An intimate knowledge of
the gravity OF the situation and the
inadequucy of other measures moved
the president To act In the particular
case, yet respect for the sovereignty
and dignity OF the states and venera-
ton for the principle that the military
should ever be subservlent to the
civil power forces the conclusion that
1t IS an alternative rarely to be en-
ployed, AS a Democratic citizen of
Texas. accept the platform endorse
ment OF the president in this case. /
believe that instruction and ohstruc-
tion of the laws of the United States
should be quelled and prevented by
resort to the civil maglstracy and the