The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-09-19
UNCLE SANS RIGHTS.
Attorney-Genernl Harmon Discusses Fed
eraI Interference in Riots.


WASHINGTON, Sept. l3. - Attorney
General Harmon yesterday furnished
the following for publications:
have concluded to give public answer to
the many inquiries made of me upon sub
ject of great moment, to which general atten-
tion is now directed. Mr.. Bryan, in his letter
accepting the nomination for president by the
convention at Chicago, amplifies the protest
which that convention made in its platform
against federal interference in local AFFAIRS,
which, strangely enough, is not found in the
platforms of the other conventions which have
also nominated him.
AS nothing else has been proposed to which
they can possibly apply, these protests were
intended and are understood to be directed
against the recent action of the president in
forciby suppressing riotous disorders which
had stopped the carriage of the malls and in
terstate commerce and were defying the civil
officers of the United States. The president
took this action not only without the requests,
but in some instances against the protest OF
the authorities OF the state in which the riots
occurred, ani Mr.. Bryan, taking section q OF
article OF the constitution to be the law on
the subject. pledges himself against any repe-
ttion of the violation thereof, which his letter
necessarily charges. He indicates the wisdom
of the trainers OF the constitution Dy declaring
that the local authorities ARE better qualified
than the president to judge OF the necessity
for federal assistance.
This, in my judgment, is a far more serious
matter than the money question any OF the
other questions that are now before the people,
grave they all Our form of government
may survive a wrong decision OF those queS-
tions, and the people may endure for time
the evils which result from false systems OF
finance and taxation, but II the president has
deliberately disregarded the instruments upon
which the union is founded. by supplanting the
authority of a sovereign state by armed force.
a precedent has been made which threatens
our form of government: while, IL candidate
for president properly pledges himself in ad-
vance Mr. Bryan has done, to do nothing to
q
and enfore the laws of the United States unless
and until the officers of another government
request or consent, then we really have no fed
eral government, for government which is
not entirely free to use force to protect and
maintain itself IN the discharge of its own
proper functions is no government at all
But by the express terms OF the constitution
a state has nothing to do with the maintenance
of the authority of the execution of the laws of
the United States within the territory OF the
state The prevention and punishment of Of
fenses connected with the mails, with inter-
state commerce, with the administration OF
justice in the federal courts are committed to
the general government. and to 1t alone Such
onenses in no wise menace the general govern
ment OF the state within which they are COM
mitted. Therefore, the state cannot require
protection against them. The state has
duty to discharge in these matters. Therefore
it can require no federal assistance" with re-
gard to them
According to Mr.. Bryan there is somewhere
implied in the constitution. for it is nowhere
expressed. prohibition of the use of force by
the United States against persons. who. within
the limits OF a state, may be successfully re-
sisting its officers and completely paralyzing
all its operations n government unless the
local authorities shall first make requests or
give consent. This is contrary to the settled
principles that while the federal government
| Is one whose operation is confined to certain
subjects II has, as to those subjects, all the at
tributes OF sovereignty, and one of those is
| always and everywhere, within the territory of
and
punish those who in any wise interfere with
| the exercise of its lawful powers. The fact
| that there are within that territory other gov
ernments exercising sovereignty over all mat
ters not SO commi ted to it, can make no diff
| ference under double form of government
the essential principles of which is parti-
| tion OF powers to be exercised Independently
over the same territory
| This sovereign right in the United States
necessarily follows its officers and agents
| everywhere they CO. protecting and maintain
| ing them In the discharge OF their duties Con-
| gress has accord ngly, by section 5297 OF the
| Revised Statutes. authorized the president to
| use armed forces of the government in aid of
| state authorities when requested by them. as
| provided in the constitution. and has also by
the following section $685. authorized him to
| employ such forces upon his own Judgment
| alone, against unlawful distractions, COM
| binations or assemblages OF persons" I'm
| whatever states or territory thereof the laws
| OF the United States may be forcibly op-
| posed or the execution thereof forctbly OBJ
| structed."
1t was under the power conferred by the Sec
| tion last named that the late rebellion was
| suppressed Mr.. Bryan's doctrine that this
law is unconstitutional is more dangerous than
| secession; the latter at least left the govern
| ment some power and authority in the terri =
| tory which chose to remain Mr.. Bryan. would
reduce it to the idle mimicry of the state.
| 1t was no more intended to make the general
| government dependent upon the states with
| respect to the matters committed to it, than to
| make the states subject to the general govern
ment with respect to the rights reserved to
| them. AS the general government is author
lied to maintain regular army and navy.
| which the states cannot do, and as the militia
of all the states is subject to the direct call of
the president. it was natural that the states
should be made to call on 1t for aid against
violence, but there was no reason why it should
call or wait on them for protection to itself.
What have said is well known to lawyers and
students OF the constitution. 1t is chiefly in
tended for the people at large before whom
the subject has now been brought.
The action OF the president and his admins
tration has the full sympathy and support OF
| the law-abiding masses OF the people of the
United States. and he will be supported by all
departments of the government and by the
power and resources OF the entire nation.
1t must be that Mr.. Bryan, amid the many
| demands on his time and attention, has fallen
into an inadvertence- cannot believe that he
| really thinks the president has no power under
the constitution and laws to maintain the gov
| ernment intrusted to his care. Nor can be-
| lieVe that Mr.. Bryan means to promise or tC
make permit others to think he has prom
ised not to interfereif he should be elected
/. and the situation of the riots OF 1894 should
| arise during his term will not lightly ques-
tion either his knowledge as n lawyer or his
| sincerity as O public man. Certainly his letter
is generally misunderstood, unless 1t means
| either that Mr.. Bryan thinks the president has
no power or that he would himself not use it II
Ia