Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-09-12
Attorney General Harmon on the
Federal Authority.
INTERPRETING TEE CONSTITUTION
The Governments Right to Protect
the Mails.
CORRECTING THE CANDIDATE,

government 10 protect the United States
mails, Attorney General Harmon has is
sued the following statement: a..
Il have concluded to give a public an
swer to the many inquiries made of me
upon a subject OF great moment to which
general attention 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 af-
fairs. which, strangely enough, Is rot found
in the platforms Of the other two conyen-
tons which have also nominated him.
las nothing else has been done or pro-
posed to which they can possibly apply,
these protests were intended and are un-
derstood to be directed against the recent
action of the President in forcibly sup
pressing riotous disorders which had
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
the states in which the riots occurred and
Mr.. Bryan. taking section Of article " Of
the Constitution to be the law on the SUBJ
ject, 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 than the President to Judge
Of the necessity for federal assistance
"A Serious Question.
This, in my judgment. is far more
serious matter than the money question or
any other question now before the people
grave as, they all are. Our form of gov
eminent may survive a wrong decision of
those questions. and the people may endure
for time the evils which result from
false systems of finance and taxation, but
If the President has deliberately disregard
ed the instrument upon which the Union Is
founded, by ,supplantng the authority of
sovereign state by armed force, a prece-
dent has been made which threatens our
form Of government, while, II a candidate
for Pre- silent may properly pledge himself
in advance, as Mr.. Bryan has done to do
the authority and enforce the laws of the
United States unless and until the officers
Of another government request or consent
then we really have no FEDERAL government: :
for a. government WHICH js not entirely
free to use force to protect and maintain
itself in the discharge .of hts own proper
functions Is no government at all.
- IA Limited Scope.
1.-The section of the Constitution to which
Mr.. Bryan refers is as fel1ov3s: The United
States shall guarantee to every state in
this Union a republican form of govern
ment and shall protect each of them
against invasion; and On application Of the
legislature. or of the executive (when the
legislature cannot be convened), against
This section plainly refers merely to the
protection Of the states against Interior
ence with their authority. Jaws or prop
erty by domestic violence. and they are
wisely made the sole judgessowhether and
when they need such protection. Mr.. Bry-
an betrays a CONSCIOUSNESS of the limited
operation of this provision in the ex-
preston federal assistance in the clause
But by the express terms of the Cons
tuition a 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 pre-
vention and punishment of offenses con-
nected with the mails, with interstate COM
merce and with the administration Of JUS
tice in the feeeral courts are committed
to the general government, and to it alone.
Such offenses in nowise menace the gov
eminent of the state within which they are
committed. Therefore the state cannot re-
quire protection against them. The state
has no duties to discharge in these mat
tiers. Therefore 1t 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 Unfortunately, so
that either or both may suppress it. And
In such cases the action of each in MAIN
tanning Its own authority over the subjects
committed to 1t tends to aid the other.
But in such cases each Is acting In Its
own Independent right as sovereign gov
eminent, and on its own behalf. 1t would
be as absurd to claim that the United
States must neglect it's own interests be-
cause In protecting them those of a state
may be incidentally protected, as to claim
that state must let riot run free because
it happens to be directed against federal
rights or officers as well as its own. This
Hyvit md holt ,of
both governments. Imperium in imperio
would be false.
A Presumption of Implication.
where implied in the Constitution, for it is
nowhere expressed, a prohibition Of the use
of the force by the United States against
persons who. within the limits of a state,
may be successfully resisting its officers
and completely paralyzing all it's opera
tons as government, unless the local au-
thorities shall first make request or give
consent
This is contrary to the settled principle
that while the federal government is one
whose operation is confined to certain SUBJ
1ects 1t has, as to those subjects all the
attributes OF sovereignty, and one of these
is always and everywhere, within the ter
ritory of the states which compose it. to
suppress and punish those who in any wise
interfere with the exercise of it's lawful
bowers. Inc Iact That there are within
that territory other governments exercis-
ing sovereignty over all matters not so
committed to 1t can make no difference I'M
Ger our double form of government, the
essential principle of which is partition
or powers to be exercised independently
over the same territory.
The Sovereign Right. r-.
This sovereign right of the United
States necessarily follows it's officers and
agents everywhere they go. protecting and
maintaining them in the discharge of their
duties. Congress has accordingly by Sec
ton 1897 of the Revised Statutes, author
lied 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, 5S9S. authorized him to employ
such forces, upon his own; judgment alone,
against unlawful DISTINCTIONS, combina-
ions or assemblage of, persons, In what
ever state or territory thereof the laws of
the United States may be forcibly opposed
o or the execution thereof forcibiy OBJ
1T was under the power conferred by the
section last named thai the late rebellion
was suppressed. Mr.. Bryanss doctrine that
this law Is unconstitutional Is more dam
gerous than that of secession; the latter at
least lett the government some power and
authority in the territory of the states
which should choose to remain; Mr.. Bry-
ans would reduce it to the idle mimicry of
the stage. -