The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-03-15

Court to decide whom the contingency
had happened which required Federal
interference. but Congress decided other
wise. and imposed upon the President
BY the act OF Feb. 70, i7s5. the duty of full
filing this guarantee. upon the cell OF the
Legislature Of the 6tAte. or Of the ssese
Executive II the Legislature could not be
brought together. The United States Su-
preme Court considers Federal intcference
with State for the purpose OF assuring 70
II freedom from domestic violence a. po-
litical subject and holds that the Con.
stitution and the laws (Act OF Feb. 70. i7eS'
Give TO the President the power to determine
whether or not a State 10 In CONDITION
OF instruction. He should not be ham.
pered or delayed In cases OF this KIND. ana
H. In his opinion, the guarantee ciauee
IL violated, II 10 for him to declare martial
law and order out Federal troops " neces-
sary The Federal courts cannot review
bis action, or interfere with his political
conduct. Should the President fall into
error and invade the rights Of the people
OF q state. Il would be in the power OF
Congress to spply the proper remedy
Under certain circumstances the Press
don't may interfere In State for the pur'
pose OF suppressing domestic volehce'
although he may have received no requesV
from the States Legislature or Executive
In case a domestic Instruction WITHIN
q State violates United States laws, ana
obstruots the instruments, or interrupts
the operation Of the functions Of the United
States Government, the President may
intervene without awaiting the appnca-
ton OF the States Governor or Leg1siat-
ure. An exercise Of suoh power was WIT
messed at the time OF the great strikes IN
Chicago In 1894, when President Cleveland
interposed to enforce the United states
Postal laws and the Interstate Commerce
act. This IL the Presidents duty under
another clause Of the Constitution--that
which requires him to take care that the
IFederall laws be faithfully executed
Except when the execution Of Federal laws
IL deaed or trammelled the State authori'
ties arc to Be the judges OF the necessity
for the Presidents interpolation.
We are reminded that. not long ago, dur
ing the strife between two rivaf govern
nsnts In Kentucky, Mr.. Taylor. tho Ne.
publican Governor, appealed Tor Federh
aid against an opposing Democratic Legs
lature. The aid was refused by President
McKinlsy's Administration. It was ex-
planned that the exact functions OF tho
United Statss Army, when acting within q
State, have been most carefully defined
and set out In General Order -. promulg gated
July ~, 1894. Under the terms OF this
order the Government OF the United States
oan OF its own vohion use the Federal
troops within Q State only when insurroc-
ton, violence. unlawful combinations or
conspiracies in any State 90 obstruct or
hinder the execution OF the laws thereof.
or Of the laws Of the United States. as to
deprive any person or class OF people OF
such State OF any Of the rights. privileges.
immunities OF protection named In the
Constitution, and secured by the laws en-
acted for tho protection Of such rights.
privileges or immunities: and, when the
constituted authorities OF such State arc
unable to protect, or, from any cause. fail
in or refuse protection Of the people in such
rights.
II il we'll known that the assent OF the
House OF Representatives Ii held by many
statesmen to be Indispensable to make
operative the Cuban Reciprocity treaty.
which reduces the Dinsley rates on Cuban
sugar. Prof. Woodburn points out on page
iei that Jefferson summarized his view OF
this subject In . letter to Monroe: We
conceive the Constitutional doctrine to be
that the President and Senate have the
general power Of making treaties. yet. when
they include In q treaty matter connded
by the Constitution TO the three branches
Of the Legislature IN act OF legislation
viii be necessary to confirm these articles.
Jefferson further maintained that the House,
rs one branch, was perfectly free TO pass
the desired act or refuse Il. the members
governing themselves by their own judg-
nent a to WHISTLER It would 10 for the good
Of their constituents to let q given treaty
10 into effect or not. On this principle
Jefferson acted in the Louisiana treaty OF
lsos. He sought the Judgment OF the HOUSE
before the treaty was made. and approved
John Randoiph's statement that. In such q
treaty. tho Representatives were ~ free
a. we're the President and senate to consider
whsthsr the national interest requires or
forbids their giving the form and course
al Law 70 the articles over which they
have power. In isss. in the contest between
the two housss over the Alaskan treaty,
while the Houss recsdsd from the Target
olaim which wss hrst put forth. Il still
suooeedsd In securing the asssnt Of the
ssnate. substantially. 70 the treaty doctrine
announced ny Je6ssson. The compromise
declaration ultimately evolved by . confer-
enoe COMMITTEES vas 10 The eject that :.
whereas the Pr~sidsai has entered into
. treaty with the Emperor of kussia. and
he senate thereafter gave lite sdvios and
oonssnt TO said treaty and, ~bsrsss
aid s,ipulstions oanno, ~ csrrisd into full
foros and sa-t sioept By ieglsissson 90
uhloh ths oonsea, of both hous>s VI Con.
sfess 10 nsoss.sry; uhsfsfors. 10 II snAolsd
thsi thsfs In appropriated The sun Of
o. 800 .ooo' for the pufchsss ~ Alaska
chisf Justice Marshall hold 10 borsiss W
ksilson that when siss terms VI che stipa.
lsslons import . contrast. vhsa sstilss AZ chs
psrlss engages 10 pssfes@ . IsstlssLss
se,. tbs treaty Address hssN 10 tks ysslI,l.
asl. not IN Ms j,sdiasl. dspssssasoi .sna sis
I.Slslsiuss ssAss, sksevsS tLs aaalssss 10.
isss n 90 lsalsas tbs rals II ,ls essr
A. "a tbs ksasi<'s r.s,i "a ssasad 0 ,iessy
.sssilsisd ~ tl& tsssl4ssi shs Lss ss..s
l.ssa a.s.,l.asa slises iss,. shse ti.s ssnsis
.u.~s.ae-f f.S Las ffssls Esl1fslx.z ....l.