The record-union., 1896-09-12

the essential prlnclple or Which is a
partition Of powers to be exercised in
dependently over the same territory
This sovereign right of the United
States necessarily follows its officers
and agents everywhere they go, protect
ing and maintaining them in the dis
charge of their duties Congress has
accordingly. by Section 5297 of the Re-
vised Statutes, authorized the President
TO use the armed forces of the United
States to aid the State authorities,
when requested by them. as provided in
the Constitution, and also by the follow
ing section, 529S, authorized him to en-
ploy 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 the Consti-
tuition thereof obstructed. 1t was under
the power conferred by this last section
that the late rebellion was suppressed.
Mr. Bryan's doctrine that this law is
unconstitutional 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.
icry of the stage. 1t was no more in
tended to make the General Govern
ment dependent upon the States with
respect to the matters committed to it
than to make the States subject to the
General Government with respect to
the rights reserved to them.
What / have said is well known to
lawyers and students of the Constitu-
&c, inAx In
pie at large before whom the subject ha
now been brought.
II will recall in this connection the
following resolution proposed by the
Hon. John w. Daniel of Virginia, who
was President of the convention which
nominated Mr.. Bryan, which was
passed by the Senate July II, 1894,
Congressional Record" page 1868,
without apparent dissent:
Resolved, That the Senate indorses
the prompt and vigorous measures
adopted by the President of the United
States and the members of his Admin
istration to repulse and repress by mill
tary force the interference of lawless
men with the due process of laws of the
United States, and with the transport
alton of the mails of the United States
ana WITH commerce among the states.
The action of the President and his Ad-
ministration 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 and the
many demands on his time and atten-
tion has fallen into an inadvertence. /
cannot believe that he really thinks the
President has no power under the Con-
stitution and laws to maintain the Gov
ernment intrusted to his charge; nor
can I believe that Mr.. Bryan means to
promise or make, or to permit others to
think he has promised not to interfere
if he should be elected and the situation
Of the riots of 1894 should arise during
his term. 1 will not lightly question
either his knowledge as a lawyer or his
sincerity as a public man. Certainly
his letter is generally misunderstood,
unless it menaS either that Mr.. Bryan
thinks the President has no power or
that he would himself not use it If
elected. JUDSON HARMON"