The herald., 1896-09-12


tain subjects, 1t has, as to those subjects,
all the attributes of sovereignty. and one
Of those is, always and everywhere
within the territory of the states which
compose 1t, to suppress and punish those
who in any way interfere with the ex-
ercise Of its lawful powers. The fact
that there are within that territory other
governments exercising sovereignty
over all matters not so committed to 1t,
can make no difference under the
double form of government, the essen
tial principle of which is partition of
powers to be exercised independently
over the same territory.
This sovereign right Of the United
States necessarily follows it's officers
and agents everywhere they go, pro-
tecting and maintaining them in the
discharge of their duties. Congress has
accordingly, by section 5297 Of the re-
vised statutes, authorized the president
to use the armed forces of the govern
ment in aid of state authorities when
requested by them, as provided in the
constitution, and has also, by the fol-
lowing section. 529S. authorized him to
employ such forces, upon his own judg-
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 opposed. or to the execu-
ton thereof forcibly obstructed."
It was under the power conferred by
the section last named that the late re-
bellion 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 which chose to remain;
Mr.. Bryan's would reduce it to the idle
mimicry of the state. 1t was no more
intended to make the general govern
ment dependent upon the states with
respect to the matters committed to 1t
than to make the states subject to the
general government with respect to the
rights reserved to them. AS the general
government is authorized to maintain a
regular army and navy, which the states
cannot do, as the militia of all the states
is subject to the direct call of the presi-
dent, it was natural that the states
should be made to call upon it for aid
against violence, but there was no rel-
son why it should call or wait on them
for protection to itself.
What I have said is well known to
lawyers and students of the constitu-
tion. 1t is chiefly intended for the peo-
pie at large, before whom the subject
has now been brought. I will recall ir
this connection the following resolution
proposed by the Hon. John w. Daniel
of Virginia, who was president of the
convention which nominated Bryan,
which was passed by the senate July IL,
1894 Congressional Record, page 1868,
without apparent dissent: Resolved,
that the senate endorse the prompt and
vigorous measures adopted by the pres
ident Of the United States and the men,
bers of his administration to repulse
and repulse by military force the inter-
ference 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
| between the states" The action of the
president and his administration has
the fullest sympathy and support of the
law-abiding MASSES of the people of the
United States and he will be supported
and by the power and resources Of the
entire nation.
It must be that Mr.. Bryan, amid the
many demands on his time and atten-
tion, has fallen into an inadvertence.
I cannot believe that he really thinks
the president has no power under the
constitution and laws to maintain the
government entrusted to his charge.
Nor can believe that Mr.. Bryan means
to promise or to make or permit others
to think he has promised not to inter-
fere If he should be elected and the sit
uation of the riots of 1894 should arise
during his term. will not lightly ques-
tion either his knowledge as a lawyer
or his sincerity as a public man. Ger
tainly his letter is generally misunder-
stood unless it means either that Mr..
Bryan thinks the president has no pow
er or that he would himself not use it if
elected.