The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-12
Revised Statutes, authorized the presi-
dent to use the

Revised Statutes, authorized the presi-
dent to use the
ARMED FORCES OF GOVERNMENT
in aid of state authorities when re-
quested by them, as provided in the
constitution. and has ALSO, by the fol-
lowing section, 5298, authorized him to
employ such forces, upon his own jude-
ment alone, against unlawful obstruc-
tions, combinations or assemblages of
persons::'
In whatever state or territory thereof the
laws of the United States may be forcibly op-
posed to or the execution thereof forcibiy
obstructed.'
1T was under the power conferred
by the section last named that the late
rebellion was suppressed. Mr. Bryan's
doctrine that this law Is unconstitu-
tional Is more dangerous than that Of
secession; the latter at least, left the
government some power and authority
in the territory of the states which
should choose to remain. Mr.. Bryan
would reduce 1t to the idle mimicry of
the stage. 1t was no more intended to
make the general government depend
ent upon the states, with respect to
the matters committed to It, than to
make the states subject to the gen
eral government with respect to the
rights reserved to them. AS the gen.
eraI government Is authorized to main
tain regular army and navy, which
the states cannot do, and as the mill
tia of all the states is subject to the
direct call of the president. it was
natural that the states should be made
to call on it for aid against violence;
but there was no reason why it should
call or wait on them for protection
to itself.
What I have said is we'll known to
lawyers and students of the constitu,
ton. 1t is chiefly intended for the
people at large before whom the sub
Ject has now been brought. I will re-
call in this connection the following
resolution proposed by Hon. John w.
Daniel, of Virginia., who was president
Of the convention which. nominated
Mr.. Bryan, which was passed by the
senate July H. 1894 Congressional
Record, page 1868 without apparent
dissent:
Resolved, That the senate indorses the
president of the United States and the MEM
bers Of his administration to repulse and re-
press, by military force, the interference of
lawless men with the due process of the
laws of the United States. and with the
transportation of the mails of the United
States and with commerce among the states.
The action of the president and his admin
1strat1on has the full sympathy and support
OF the law-abiding masses of the people Of
the United States, and he will be supported
by all departments Of the government and by
the power and resources Of the entire nation
1T must be that Mr.. Bryan, amid
the many demands on his time and at
tention. has fallen into an inadvert-
ence. I cannot believe that he really
thinks the president has no power un-
der the constitution and laws to main
tain the government entrusted to his
charge. Nor can I believe Mr.. Bryan
means to promise, or to permit others
to thing he has promised, not to in
terfere If he should be elected, and the
situation of the riots of 1894 should
arise during his term. I will not light
ly question either his knowledge as a
lawyer or his sincerity as a public
man. Certainly his letter is generally
misunderstood, unless 1t means either
that Mr.. Bryan thinks the president
of the United States has no power, or
that he himself will not use it if elect
ed. -Judson Harmon"