Had The Right

Since the intervention of the President in the strike, much has been said, and the assertion is reitfrom one source or another daily, that the administration in its eftorts to restore the reign of law and order in the strike centers, where mob rule had taken the place of the constituted authorities, acted without constitutional or statutory authority and that its acts therefore were in the nature of usurpation. That there are some good citizens who, being deceived by the misrepresentations of Gov. Altgeld and others, really believe that the President transcended his duty and authority is undoubtedly true. That they are mistaken, however, and that there is abundant constitutional and legal authority for everything done by Mr. Cleveland, is easily proven by a reference to the revised statutes of the United States. That there should be no express provisión of the constitution covering the specific case, is not surprising, but that it exists in the general or implied powers, there can be no doubt. In fact, if there was no sach grant in the fundamental law it would still be understood, unless expressly denied in the instrument itself; for the reason that all government necessarily possesses the authority and obligation to perform the f unctions for which it was called into being and which are necessary to its continued existence. But the laws enacted by congress prescribing the method by which these constitutional powers shall be carried into effect leave no chance for discussion as to the President's authority and obligation in the premises. Sections 5298 and 5299 of the United States statutes cover the subject completely and read as follows. Sec. 5298. Whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in tlie judgement of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States witliin any State or Territory, it shall be lawful for the President to cali forth the militia of any or all the States, and to employ such parts oftlie land and naval forces of the United Stutes as Jie may deern necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebeliion, in whatever State or Territory thereof the laws of the United States may be forcibly opposedi or the execution thereof forcibly obstructed. Sec. 5299. Whenever insurrection, domestic violence, unlawful c.ombinaticms, or conspiracies in any State so obstructs r hinders the execution of the laws thereof , and of the United States, as to deprive any portion or class of the people of snch State of any of the rights, privileges, or iinmnnities, or protection, named in the Constitution and secured by the laws for the protection of such rights. privileges, or imuiunities, and the constituted authorities of such State are unable to protect, or, f rom any cause, f aü in or refuse protection of the people in such rights, such f acts shall be deetned adenial bysuch State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy, opposes or obstructs the laws of the United States, or the due execution tbereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such mensures, by the employment the militia or the latid and naval f orces of the United States, or of either, or by other means, as ie may deern necessary, for the suppression of such insurrection, domestio violence, or cornbinations. From the foregoing it will be seen that the President not only has the authority but it is made his duty to do iust what he did do and that the time when such action becomes necessary is a matter of discretion with him. He has been sustained in the action taken also, by solemn and emphatic resolutions in both houses of congress and by an almost unanitnous vote. The press too, and public men generally, including that eminent constitutional authority, Judge Cooley, of our own city, and the great body of citizens, heartily approve of all the President has done. In fact the notion that the President lacked this authority was never well founded and passed into inocuous desuetude with the close of the "late unpleasantness."