The San Francisco call., 1896-09-12
Seriousness of the Matter Ably
Set Forth by the Attorney.
General.
UNCLE SAM HAS THE RIGHT TO
PROTECT HIS OWN.
The Government Can Punish Ali Who
Interfere With the Exercise of
Its Lawful Powers.

ney-General Judson Harmon tonight
made public his views respecting the po-
! litical situation, emphatically emphaslz-
ing his opinion on Federal interfer-
ence in local AFFAIRS on which subject
| the Attorney General does not agree with
the protest embodied in the Chicago plat
form. Mr.. Harmon's communication fol-
lows:
II have concluded to give public an
swer to the many inquiries made of me
upon subject of great moment to which
general attention is now directed. Mr.
Bryan, in his letter accepting the nomina-
| ton for President by the convention at
| Chicago, ampllf1es the protest which that
| convention made in its platform against
Federal interference in local affairs, which
| strangely enough Is not found in the plat
forms of the other two conventions which
have also nominated him.
"As nothing else has been done or pro-
posed to which they can possibly apply
these protests were intended and are un-
d erstood to be directed against the recent
action of the President in forcibly sup
pressing rlotous disturbances which had
stopped the carriage of the mails and in
terstate commerce and were defying the
civil officers of the United States.
''The President took this action not only
without the request. but in some instances
against the protest OF the authorities of
the States in which the riots oc-
Cured and Mr.. Bryan, taking section of
article of the constitution to be the law
on the subject, pledges himself against
any repetition of the violation thereof,
which his letter necessarily charges. He
vindicates the wisdom of the trainers of
the constitution by declaring that the
local authorities are better qualified to
Judge of the necessity for Federal as
sistance.
This, in my judgment, is far more
serious matter than the money question
or any of the other questions now before
the people, grave as they all are. Our
form of government may survive wrong
discussion of those questions, and the peo-
pie may endure for time the evils which
result from false systems of finance and
| taxation, but if the President has deliber-
ately disregarded the instrument upon
which the Union is founded by supp ant
ing the authority OF q sovereign State bv
armed forces, a precedent has been made
which threatens our form of government.
| While, If a candidate for President may
properly pledge himself in advances, as Mr..
Bryan has done, to do nothing to protect
the property, maintain the authority and
enforce the laws of the United States, un-
| less and until the officers of another gov
ernment request or consent then we really
have no Federal Government. For gov
ernment which is not entirely free to use
force to protect itself and maintain itself
in the discharge of it's own proper func-
| tions is no govern ment at all
'.rhe section of the constitution to
which Mr.. Bryan refers plainly refers
merely to the protection of the States
against interference with their authority,
laws or property by domestic violence,
and they are wisely made solely the judges
whether or when they need protection.
But by the express terms Of the constitu-
tion State has nothing to do with the
maintenance of the authority or the exc
cution of the laws of the United States
within the territory of the State. The
prevention and punishment of offenses
connected with the mails, with interstate
commerce and with the administration of
| justice in the Federal courts are COM
mitted to the general Government and to
it alone. Such offenses in nowise menace
the government of the State within which
they are committed. Therefore the State
cannot require protection against them.
| The State has no duties to discharge in
these matters, therefore it can require no
| Federal assistance with respect to them.
"Of course, domestic violence often, as
in the recent riots, is directed against
both State and Federal authority indis-
criminately, so that either or both may
suppress it. And in such cases the action
of each in maintaining its own authority
over the subjects committed to it tends
to aid the other. But in such cases each
| is acting in its own independent right as
sovereign government and on its own
behalf.
at would be as absurd TO claim that
the United States might neglect its own
interests because in protecting them those
of State may be incidentally protected
! as to claim that State must let riot run
free because it happens to be directed
against Federal represen ntatiyes or officers
as well as its own. 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 State, may be successfully
resisting its officers and completely
paralyzing it's operations as a govern
ment, unless the local authorities shall
first make request or give consent
'This is contrary to the settled principle
that while the Federal Government is one