The morning times., 1896-09-12
TEACHES BRMN THE LAW
continued trom First Page.

Continued from First Page.
State has no dutics to discharge In these
matters. Therefore IL can require no
Federal assistance" with respect to them.
RIGHTS OF THE STATE.
"Of course domestic violence often, as
In the recent riots, is directed against
both State and Federal authority. indis-
erinnately, SO that either or both may
suppress 1t. And in such cases the action
OF each In maintaining its own authority
over tine subjects committed to it, tends to
aid the other. But in such cases, each is
acting a its own independent right. as q
sovereign government, and on its own
behalf.
1t would be as absurd to claim that
the United States must neglect its own
interests because in protecting them those
of State INA y he Incidentally protected. as
to claipl that a State must let riot run
free because 1t happens TO be directed
against Federal rights or officers as well
as its own. This would limit and Delittle
the sovereignty OF both governments. I'm
periuni in imperiO would be false.
According to Mr.. Bryan there is some
where implied in the Constitution, for
it is nowhere expressed, a prohibition of
the use of force by the United States
State. may be successfully resisting its
officers and completely paralyzing all its
operations as government, unless the
local autboriti es shall first make re-
quest or give consent
PRINCIPLE OF UNION.
This is contrary to the settled principle
that while the Federal government Is one
whose operation Is confined to certain sub
jects 1t has. as to those subjects, all the
attributes OF sovereignty and one OF these
is always and everywhere within the ter
ritory OF the States which compose 1t, to
suppress and punish those no in any wise
Interfere with the exercise Of its lawful
powers.
The fact that there are within that
territory other governments exercising
sovereignty over all matters not SO com
mitted to 1t can make no difference under
our double form OF government the essential
principle Ut which Is u partition OF powers
to be exercised independently over the same
territory
This sovereign right OF the United States
necessarily follows its officers and agents
everywhere they go, protecting and main-
tanning them in the discharge OF their
duties. Congress has accordingly, by Sec
lion 5297 Of the Revised Statutes. author
lied the President to use the armed forces
of the government i'll aid OF State authori-
ties when requested by them, as provided
in the Constitution, and has also by the
following section, 629S, authorized him
to employ such forces, upon his own judg-
inent alone, against 'unIa wful Instructions,
combinations or assenblages OF persons
in whatever State or Territory thereof
the laws Of the United States may be
forcibIy opposed, or the execution thereof
forcibly obstructed.'
WORSE THAN SECESSION
''It 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 soine
power and authority in the territory of
the States which should choose to remain.
Mr.. Bryan's would reduce it to the idle
mimicry Of the stage.
1T was no more intended to make the
general government dependent upon the
States with respect to the matters COIN
mitted 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 main
tain regular army and navy. which the
states cannot do, and as the militia of
all the states is subject to the direct call
OF the President, 1t was natural That the
.1tateS Suooau ot " oil IL dlu
against violence, but there was no rc4son
why 1t should call or wait on them for
protection to itself.
LAWFOR THEPEOPLE.
what lave said is " ell known to law
yers and students or the Constitution. 1t
is chiefly intended for the people at large
before whom the subject has now been
brought.
Il will recall in this connection the
following resol ution, proposed by the
Hon. John W. Daniel, OF Virginia. who
was president OF tue convention which
nominated Mr.. Bryan, which was passed
by tue Senate July IL, 1894 Congressional
Record, page e663,, without apparent dis
sent:
Resolved, That 1he Senate indorses the
prompt and vigorous measures adopted by
the President or the United States and the
members OF his administration to IepulSe
and repress. by military force, the inter
ference of lawless rnen 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 or the President and his ad-
mini stration has the full sympathy and
people or the United states, and he will
De supported by all departments of the
government and by the power and resources
of the entire nation.
.'Itmust be that MI. Bryan, amid the many
demands on his time aud attention, has
fallen into an inadvertance. l cannot
believe that he really thinks the President
has no power under the Constitution and
laws to maintain the governnest 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 interfere IL he should be elected
and the situation OF the riots Of 1894 should
arise during his term.
II will not lightly question either his
as a lawyer or his sincerity as a
public man. Certainly his letter is general
ly misunderstood unless it means either that
Mr.. Bryan thinks the President has no
power or that he would himself not use It IL
Schooner FlOated.