Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-09-12

VIVA The Naturalization OF justlce 10
w itucihl G. ufie, are committed q
~ kehttal Rovofnment,and T. italonu.
'ulh oHehs IN no wise menace ihl
kuntIhl government Oft state win.
10 which they are committed. TLcrt.
ioin 'hu slate cannot rtqulro protection
asAinst mem. The State has no duties
10 usehnfge IN these matlofs. There.
Iats u can ItquIro 10 "lodufnl asslsi-
ance" with ieBptct 10 thtm, or
course, uomUetiC violence often, az IN
lno recent ti0te, 10 directed ngainst
both State anu Federal authority In.
ultcilmlnsIeiy, 90 that either OF both
may suppress Aud la such cases
'he action OF each iu maintaining no
own authority over tho oubIect com.
United 10 10 tends to aid tho other. But
sueh cases esch Is acting In Ne own
'uuepenatnl tight ~ u sovereign gov.
einment ana on iis own behalf. II
would BE- hs absurd TO claim that tbU
OnlIo States Iuust neglect IT. own
luteiea's htoauto ln rrolcciing them
lhosn 81 a state may bo incidentally
PROTECTED, ~ TO claim that slate
must lot rot run fien because II hap.
pens TO be directed ngainat Fedefsl
ughla VI tflceia 90 well ~ iis own.
LUIS would limit and tslliiie the sov.
ulolgniy % both governments. lmleti.
bn ia impcflo wUulu Be- ia,se.
Atcltiiug 20 iiE Bryan, there "a
eomeWhefo implied iu tho Cnnttitu.
uen, i0r IL H. tOwhcfo expressed, PRO.
hlhiuol VI the usH ni force by the
United States ssaiust pofHins who.
Within tho limits 90 state. may be-
tuece,siuliy resisting iH Ciilc r. anu
completely pafalTzlng all ~ opera.
u0ns ~ n government uulosa tho local
authorities shall firHt make ttquost or
give consent.
THIS " contrary to tho settled min.
clplo that while the Federal govern.
mont 10 ono whose operations " con.
nhed TO certain subItcte, II has, NJ 10
those subjects, all the attributes OF
sovereignty, aud ono Of those 10, always
snd everywhere within the ttriiloiy
OF the states which compose II, to sur.
press aud punish tnose who Ia any
way interfere with tho exercise OF lie
lawful powerr.
This sovereign right OF tho United
States necessarily follows It's ofiic.fs
anu agents everywhere they go, pro.
ttctipg anu maintaining them Ia tnu
discharge OF their dutiee. Congress
has accordingly, by section 6901 Of the
Revised Statutes, authorized tue pfes-
ident 10 use tho armed fofoeg OF tbs
government In did OF state authorities
when requested by them, ~ provided
In the Constitution, and has also, by
the following section, 62O5, authorized
him 10 employ such fugceS, upon hit
own Judgment alone, against "unlaw-
ful obstruciiont, combinations or a..
scmblagss OF persons, In whatever
state or territory thereof. when tho
laws OF the United States may be fore.
IDLY opposed or the execution thereof
iorclbly obstruoted."
IL was under tho power conferred by
the section last named that tho late no.
bollion was suppressed. Mr.. BryAu's
doctrine that this law 10 unounatltu.
tional Is more dangerous than that OF
secession; tho latter Ut least LEFT the
some power anu authority
In the territory which chose to remain.
Mt. Brynn's would reduce Il TO the
idle mimicry Of tho State.
what have saiu IA well known 10
lawyers aud students OF tho Constitu.
ton. IL IL chiefly intended Tor the
people at large, before whom the sub.
Ieot has now been brought.
will recall Ia this connection the
resolution Proposed by tho
Hon. John w. Daniel Of Virginia,
who was president Of tho convention
which nominated Bryan, which WIS
passed by the Senate July ~, 1894.
Congressional Record, page sC03l
without apparent OLSEN:
"Resolvei, That the Senate iudofse
The prompt and vigorous measures
adopted by the President OF the United
States anu the members OF his admin.
s,Iation 10 repulse aud repress by
force the interference Of law.
less men with the due process Of the
avs Of the United States ana with the