Birmingham age-herald., 1894-07-11
GOVERNOR JONES.
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-~----->--~-->-~>~~~@---- right to send the army into any state to se- cure the passage of the mail, protect inter- state commerce or execute the process of the federal courts, regardless of the wishes of the executive of that state. By so doing he does lot invade any right of state; but when troops are sent into a state they can not be employed there except as to federal matters. Unless the executive or legisla- ture asks it the president cannot employ troops to enforce state laws. It is to be borne in mind that under our federal sys- tenn there are two sovereignties, whose laws operate at the same time upon the peo- pie of the state; hence, in each state there Is peace of the United States and a peace of the state which citizens may break. The president, as a matter of consultations right, may, without consulting the execu- tive of state, send troops there to enforce state, as, for example, to prevent the destruction of government property or to protect the mails. While on duty for that purpose the troops could not, without re- quest of the state authorities, be used to protect state property or property of pri- vate citizens therein, for assaults against the latter are assaults against the peace of the state. When the president sent the troops to Chicago he sent them there to protect the peace of the United States, not to pro . taot o Inois the peace snd his the conssta sitse tional right to do so cannot be questioned, because the governor did not request him to send the troops. So you see there is no question of slate rights involved, and no doubt of the presidents right to send troops to Chicago for the purpose in which General Miles employed theme
 ''Still the question even of sending troops to execute federal Jews in state, when the infraction of these laws, which, If en- forced, would amply enforce the federal law-as here, where interference with ofc i'm Hp1 one, and ordinarily is objectionable if the state authorities are willing and able to bring about the desired result. In that event it is more in consonance with the spirit of our institutions in regard to the states to leave the state authorities to put down mobs and lawless combinations. would say in that event that the sending | of federal troops was bad precedent, and ought not to be attempted.
 ''As matt stood at Chicago the president was clearly right, both on constitutional grounds and proper regard for state au- thority. The United States judges and | marshals asked for protection for the trans- | portation of mails and interstate com | merce. The state authorities laid supne l for a considerable time, and it was evioenl | that they either could not or would not en- l force their own laws. which would have I prevented the necessity of federal interven- l tiou, and that terrible evils would result | I the president delayed action. It woulc | have been discourteous and offensive fol
 the president to complain to a governor | that he was not enforcing the laws of hi
 own state. He would probably have beer | told that it was none of his business. H | would also have been su jacted to sever | criticism if he had voluntarily offered t'
 intervene to aid in en forcing the state laws
 It would have been ur-ed,, with muci i more show of reason than now, that he wal
 meddling with the rights of the stite, ant
 that ii his assistaLcy was needed the con
 stituiion provided a mode by which T | could be made known. All things con
 sidered, I think Mir. Cleveland la, chosei
 the least objectionable and most prope
 course under the circum stances, and Una
 he was not lacking in courtesy 10 the stat
 authorities or invading their rights in an
 mitted to him by the constitution oi th
 United States"