The record-union., 1896-09-14

It Is conceded by General Harmon
that the Constitution restraints the
Federal authority until called upon by
the State, from interference with State
authority, laws or property, threat
ened by domestic violence, since the
State is the judge of it's need for as
sistance. But the State has nothing
to do whatever, and the Constitution
SO expressly declares, with the mainte-
nance of the authority Of the United
States and the execution Of it's laws
within the State, or within any United
States Territory.
The prevention of interference with
the mails and punishment for such in
reference, and likewise with interstate
commerce, do not constitute menace OF
State authority or power. The State
has no duty to perform in these mat
tcrs and is under no obligation con-
cerning them.
Where domestic violence is directed
against both State and Federal author
ity indiscriminately, then, Of course
both may interpose in maintaining the
integrity Of that committed to the care
of each But in such cases, says the
Attorney General, each acts independ-
emily in it's right as a sovereign Gov
ernment, and he adds:
1t would be as absurd to claim that
ha w; ;rL
interests because in protecting them
those of State may be incidentally
protected as to claim that State must
let run riot run free because it happens
to be directed against Federal repre-
sentatives or officers as we'll as its
own.
He points out that Mr.. Bryan's argu-
ment assumes an implication in the
Constitution of a prohibition Of use
of force by Federal authority against
persons within State, who are sue
cessfully resisting Federal authority
But this is gratuitous, there is nothing
in the Constitution to warrant it, II
there were, there would be an end
Of Government, and that Is precisely
what the most able apostles Of the old
AnarcMcal party contend and preach
on their platforms, and in their many
adroit books, which are just now be-
ing widely distributed throughout the
country.
That Congress has taken the view
maintained by the Attorney General
is shown by citation of laws passed by
it requiring the President to use force
when requested by a State to aid it In
maintaining its authority, and to use
force Of his own motion when in his
judgment it is necessary to remove un-
lawful distractions or assemblages ''ir
any State or Territory" that oppose
the Federal authority and the laws Of
the United States and its officials In
the lawful discharge Of their duties.
One Of the severest arraignments ir
General Harmon's letter, and one OF
the shots that goes straight to the
center Is the quotation from the pub
lie records Of the fact that Senator
Daniel, the Chairman Of the conven-
ton that nominated Mr.. Bryan, prior
to the selection of it's Permanent Pres
ident, was the author Of and intro
duced in the United States Senate in
1894, which passed 1t, the resolution
approving the course Of the President
In the Chicago riots. and declaring
that Congress would support him tc
the full extent Of the power and re-
sources Of the Nation.
The Attorney General Is charitable
enough to say that he cannot believe
that Mr.. Bryan really believes what
he says-that he has fallen into an in
advertance. But this is no compli.
ment to Mr.. Bryan: he had better
stand as the champion Of a dangerou.
and anarchical doctrine than be
branded as an ignoramus and incom.
petent.
1t is worthy of note that these view:
Of the AttorneyGeneral correspond
with the views and expressions o.
every great constitutional lawyer o.
the United States, who has written Of
spoken upon the subject. In 1894 OF
since, including General Harrison
Thomas M. Cooley, Foster. the con
stitutional commentator, and the Who'll,
line Of eminent lawyers.