The San Francisco call., 1896-09-12

whose operation IS confined to certain
subjects it has as to those subjects all the
attributes of sovereignty, and one of
these is always and everywhere within the
territory of the States which oppose it, to
suppress and punish those who in any
wise interfere with the exercises of its
lawful powers.
"The fact that there are within that
territory other governments exercising
sovereignty oyer all matters not so COM
mitted to it can make no difference under
our double form of government, the es-
sential principle of which is a 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
maintaining them in the discharge OF
their duties. Congress has accordingly
by section 5297 of the Revised Statutes
authorized the President to use the armed
forces of the Government in aid of the
State authorities when requested by them
as provided in the constitution, and has
also by the following section (529S) au-
thorized him to employ such forces upon
his own Judgment alone against unlawful
obstructions, combinations or assemblages
of persons in whatever State or Territory
the laws of the United States may
be forcibly opposed or the constitution
obstructed.
''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 some
power and authority in the territory of
States which should choose to remain.
MIR. Bryan would reduce il to idle MINI
icry of the stage.
1T was no more intended to make the
General Government dependent upon the
States with respect to the matters COM
mitted 10 1t than to make the States sub.
ject to the General Government with re-
spect to the rights reserved to them.
What 1 have said is well known to
lawyers and students of the constitution.
1t is chiefly intended for the people at
large, before whom the subject has now
been brought. 1 will recall in this con-
nection the following resolution proposed
by the Hon. John w. Daniels of Virginia
who was president of the convention
-
passed by the Senate July II, 1894, Con-
gressional Record, page 1858, without ap-
r. parent dissent:
Resolved, That the Senate Endorses the prompt
and vigorous measures adopted by the Presi-
dent Of the United States and the members of
his administration to repulse and repress, by
military force, the interference of lawless men
with the due process of laws of the United
States and with the transpor tation of the mails
of the United States and with commerce among
the States. The action of the President and
his administration has the full sympathy and
support of the law-ablding masses OF the peo-
pie OF the United States, and he will be sup
ported by all departments of the Government
and by the power and resources of the entire
Nation.
ait must be that Mr.. bryan under the
many demands on his time and attention
has fallen into an inadvertence. Icannot
believe that he really thinks that the
President has no power under the consti-
tuition and laws to maintain the Govern
ment entrusted to his charge; nor can 1
believe that Mr.. Bryan means to promise
or to make or to prompt 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. l will
not lightly question either his knowledge
as lawyer or his sincerity as a public
man. Certainly his letter is generally
misunderstood unless it means either that
Mr.. Bryan thinks the President has no
power or that he would himself not use it
if elected. JUDsoN HARMON"