The herald., 1896-09-13
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) HARMON AS A CONSfI- =
Z TUTIONAL EXPOUNDER !;
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Editor Herald: I read in your today's
paper lengthy article from United
States Attorney General Harmon, crit
icising severely that portion of Mr.. Bry-
ans letter of acceptance wherein he dis
cusses the question of the constitution
al limits between state and federal au-
thority within the territorial limits OF
sovereign state.
In his letter the attorney-generals says:
According to Mr.. Bryan. there is
somewhere implied in the constitution,
for 1t is nowhere expressed, prohibi-
ton for the use Of force by the United
States against persons who, within the
limits of a state, may be successfully
resisting the officers and completely par
alyzing all Of it's operation as a govern
ment, unless the local authorities shall
first make a request or give consent.
Again, after giving garbled quotation
from section 5298 of the revised statutes,
authorizing the resident to employ such
parts Of the land and naval forces OF the
United States as he may deem neces-
| sary to enforce the faithful execution
| of the laws of the United States. or to
| suppress rebellion in whatever state or
| territory thereof, the laws of the Unit
! ed States may be forcibly opposed or
| ed, the attorney general proceeds to
accuse Mr.. Bryan with holding that this
| law is "unconstitutional.
Now, it seems to me that any sane
| man versed even in the rudiments of
| the English language, whether lawyer
of layman. who will carefully read Mr..
| Bryan's letter of acceptance and then
read Mr. Harmon's criticism theron,
must be forced to the conclusion either
that the attorney-generaIs knowledge
of English is sadly defective or else that
he has willfully and deliberately attri-
buted to Mr. Bryan's letter sentiments
the very reverse to anything and every
thing it expresses.
Here is the pith and essence of Mr..
Bryans letter touching the nature OF
our dual government"
1.-THE Democratic party Is pledged to
defend the constitution and enforce the
| laws of the United States, and 1t is also
pledged to respect and preserve the dual
| scheme of government instituted by the
! founders of the republic. The name of
the United States was happily chosen.
| 1t combines the idea of national strength
with the idea of local self-government
and suggests an indisSoluble union of
indestructible states Our revolution
ary fathers, fearing the tendencies to-
ward Capitalization, as well as the
dangers of disintegration, guarded
against both. And national safety, as
| well as dOmeStlc security, is TO De IOunQ
in the careful observance of the limita-
tions which they impose"
Then comes the sentence II. Mr.. Bry-
ans letter that seems to grateSo harsh
ly on the nerves of our doughty attor-
ney-general Mr.. Bryan says:
at will be noticed that while the
United States guarantees to every state
republican form of government, and is
empowered to protect each state against
invasion. it is not authorized to interfere
in the domestic affairs of any state, ex-
cept upon application of the executive
when the legislature cannot be con.
vened."
This is the very strongest sentence ir
Mr.. Bryan's letter in opposition to fed
eral Interference in the affairs of state
and the sentence is simply a reiteratior
of q United States constitutional re-
Il ur;rement And from that Mr. Harmon
seems to jump to the conclusion thai
Mr.. Bryan denies the constutionality o.
a law authorizing the president to In
woke the military power OF the fedora
government for the enforcement or
United tates law within the territoria
limits of state unless called upon by
|; state authority for that purpose.
Mr.. Bryan's letter says not wore
VI against the right or duty of the presi
dent to enforce by military power tn