challenge the constitutionality of this
provision. They questioned its necessity in view of the President's
"inherent powers" in the face of emergency.[413]

THE PRESIDENT'S DUTY IN CASES OF DOMESTIC VIOLENCE IN THE STATES

_See_ Art. IV, sec. 4, p. 705.

THE PRESIDENT AS EXECUTIVE OF THE LAW OF NATIONS

Illustrative of the President's duty to discharge the responsibilities
of the United States at International Law with a view to avoiding
difficulties with other governments, was the action of President Wilson
in closing the Marconi Wireless Station at Siasconset, Massachusetts on
the outbreak of the European War in 1914, the company having refused
assurance that it would comply with naval censorship regulations.
Justifying this drastic invasion of private rights, Attorney General
Gregory said: "The President of the United States is at the head of one
of the three great coordinate departments of the Government. He is
Commander in Chief of the Army and the Navy. * * * If the President is
of the opinion that the relations of this country with foreign nations
are, or are likely to be, endangered by action deemed by him
inconsistent with a due neutrality, it is his right and duty to protect
such relations; and in doing so, in the absence of any statutory
restrictions, he may act through such executive office or department as
appears best adapted to effectuate the desired end. * * * I do not
hesitate, in view of the extraordinary conditions existing, to advise
that the President, through the Secretary of the Navy or any appropriate
department, close down, or take charge of and operate, the plant * * *,
should he deem it necessary in securing obedience to his proclamation of
neutrality."[414]

PROTECTION OF AMERICAN RIGHTS OF PERSON AND PROPERTY ABROAD

The right of the President to use force in vindication of American
rights of person and property abroad was demonstrated in 1854 by the
bombardment of Greytown, Nicaragua by Lieutenant Hollins of the U.S.S.
Cyane, in default of reparation from the local authorities for an attack
by a mob on the United States consul at that place. Upon his return to
the United States Hollins was sued in a federal court by one Durand for
the value of certain property which was alleged to have been destroyed
in the bombardment. His defense was based upon the orders of the
President and Secretary of the Navy, and was sustained by Justice
Nelson, then on circuit, in the following words: