1904.] OF THE HOUSE OF DELEGATES. 315

provisions of that title are applicable, they are the
provisions to be found in section 5297. Under that
section disturbance must amount to an insurrectiom
against the Government of the State, and there must
be au application by the Legislature of the State if it
is in session, or can be convened; o'r if it is not in ses-
sion or cannot be convened, then by the Executive.
Upon such application the President is authorized to
employ such part of the military forces of the United
States as he deems necessary and sufficient to sup-
press such insurrection. He cannot place such forces
at the disposal of the Governor of the State, but must
himself direct their operations, and he must be fur-
nished with such facts as shall enable him to judge
whether the exigency has arisen upon which the Gov-
ernment of the United States is bound to interfere.
Such exigency requires both that there shall be a dis-
turbance amounting to an insurrection against the
State, and that it is beyond the power of the civil
police and military forces of the State to control."

It is sufficiently clear from this construction, and
from other precedents which might be cited, that after
the application by the Legislature, or the State Execu-
tive when the Legislature cannot be convened, there
still remains in the President discretion to determine
whether domestic violence or insurrection calling for
the use of the army of the United States in its sup-
pression in fact exists. In the present case, the reso
lutions of the Legislature of the State of Maryland do
not in terms declare the existence of domestic violence
or insurrection; and even if the resolutions could be
construed to imply existence or imminence of such a
condition, they expressly delegate to the Governor of
the State the power to determine that the necessity
for the use of troops set forth in the resolution has
ceased to exist. As already stated, I am officially ad-
vised, through the Adjutant General of the State, by
you, the Governor of the State, that domestic violence
requiring the presence of Federal troops, does not
now exist, and that if the Federal troops are sent
under this resolution you will, in pursuance of the