WRIGHT— POWER TO MEET RESPONSIBILITIES. 283 



proper constitutional occasion for using the army has occurred and 

 is not hmited by congressional expressions in this regard. Certainly 

 the opinions of the Supreme Court in the Debs and Neagle cases 

 support this theory.'^ However, the issue is largely theoretic be- 

 cause the delegations of authority actually made by Congress seem 

 sufficiently broad to cover all probable exigencies. 



126. President's Use of Military Forces. 



In practice the President has used the military forces in Amer- 

 ican territory to enforce international law and treaty on many occa- 

 sions. He has thus used them to enforce the protocols with Mexico 

 requiring suppression of marauding Indians and others near the 

 border ; to preserve order in case of mob violence as in the Chi- 

 cago strikes of 1894 giving rise to the Debs case, and to suppress 

 nuisances on the high seas or in neighboring territory. The sup- 

 pression of pirates in Amelia Island in 1817, of Indians in Florida 

 by Jackson in 1819, and the pursuit of Villa in Mexico by General 

 Pershing in 1916 are illustrations of action of the latter kind.'^ 

 The most important executive use of military forces in American 

 territory is of course that by President Lincoln on the outbreak of 

 the Civil War. The militia were called out April 15, 1861, under 

 authority of general laws and the army and navy employed before 

 Congress had given express authorization."^ We may conclude that 

 the President is endowed with sufficient power to employ the armed 

 forces, whenever he believes it necessary in order to enforce any 

 constitutional provision, treaty or act of Congress, or to suppress 

 mob violence or insurrection likely to obstruct national services. 



127. President's Direction of Administrative Action. 



Although the position of the President as chief executive does 

 not carry with it power to create agencies for enforcing international 



71 In re Neagle, 135 U. S. i ; In re Debs, 158 U. S. 564. See also Infra, 

 sec. 222. 



"2 Moore, Digest, 2: 418-425, 435-446; 402-408; Am. Year Book, 1916, 

 p. 79 et scq. For President's use of force to meet responsibilities outside 

 of the territory see infra, sec. 151, and for his power to use force in general, 

 infra, sees. 221-224. 



■^3 Blockade was proclaimed April 19, 1861. The first act of Congress 

 recognizing that war existed was on July 13, 1861.. Willoughby, op. cit., pp. 

 88, 1209. 



