This includes, first of all, his command over the
army, which is complete. He can send the army where he chooses and he
can call out the state militia to repel invasion, to suppress
insurrection and to execute the laws, if the army or militia be
necessary. Of that he alone is the judge. Early in our history certain
state judges thought that the commander of the militia in each state
should pass on the question as to whether an emergency had arisen which
would justify the President in calling out the militia, but that was one
hundred years ago.
To illustrate our practice now in regard to the execution of laws with
the aid of the army, there is one very striking instance which occurred
within my memory. Debs organized the American Railway Union in order to
take the American people by the throat and say to them: "You shall not
have any milk for your babies, you shall not have any food, you shall
not have anything. I am going to stop every railroad in the country
until you come with me and make Pullman pay his men what I think they
ought to have, and what they think they ought to have.
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