The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-12


Chicago Riots Defended as Justi-
fled by Law.
Washington, Sept. t1.-Attorney General
Judson Harmon to-day made public his
views respecting the political situation, es-
pecially emphasizing his opinion on the
question of federal Interference in local
AFFAIRS on which subject the Attorney
General does not agree with the protest
embodied in the Chicago platform.
Mr.. Harmon's communication follows:
Il have concluded to give public answer
to the many inquiries made upon subject
of great moment, to which general atten-
ton is now directed.
Mr.. Bryan, in his letter accepting the
nomination for President by the conven-
tion at Chicago, amplifes the protest
which that convention made in its plat
form against federal interference in To-
cal affairs, which, strangely enough, is not
found in the platforms of the other, two
conventions which have also nominated
him. AS nothing else has been done or
proposed to which they can possibly ap-
ply, these protests were intended and are
understood to be directed against the re-
cent action of the President In forcibly
suppressing riotous disorders 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 request, but in some in
stances against the protest of the au-
thorities of the states in which the riots
occurred, and Mr.. Bryan, taking
section 4, of article iv. of the con-
stitution, 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 constitu-
ton by declaring that the local authori-
ties are better qualified than the Presi-
dent to judge of the necessity of federal
assistance
This, in my judgment, is a 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 a wrong
decision 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 de-
liberately d.sregarded the instrument ups
on which the union is founded, by sup
! planting the authority of a sovereign
state by armed force, precedent has
been made which threatens our form of
government. While If a candidate for
President may properly pledge himself in
advance, as Mr.. Bryan has done, to do
nothing to protect the property, maintain
the authority and enforce the laws of the
United States unless and until the officers
of another government request or consent
thn-, NO I1Vv h,rv fo.1,
ment; for a government which is not en-
tirely free to use force to protect and
maintain itself in the discharge of its own
proper functions is no government al ALL
1.-THE section of the constitution 10
which Mr.. Bryan refers is as follows:
The United States shall guarantee to
every state in this union a republican
form of government and shall protect each
of them against invasion; and on appli-
cation of the legislature or of the execu-
tive (when the legislature cannot be coa-
vened) against domestic violence
This section plainly refers merely TO
the protection of the states against inter-
ference with their authority, laws or
property by domestic violence, and they
are wisely made the sole judges whether
and when they need such protection. Mr..
Bryan betrays a consciousness of the
limited operation of this provision in the
expression federal assistance in the
clause / nave quoted.
But by the express terms of the con-
stitution, a state has nothing to do with
the maintenance of the authority or the
execution 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 1t can require no fed
eral assistance with respect to them. OF
course, domestic violence often, as in the
recent riots, is directed against both state
and federal authority indiscriminately so
that either or both may suppress 1t. 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 a sovereign govern
ment, and on its own behalf. 1t would
be as absurd to claim that the United
States must neglect its own interests be-
cause in protecting them those Of a state
my be incidentally protected, as to claim
that a state must let riot run free be-
cause IL happens TO DC uHecleu against
federal rights or officers as well as its
own. This would limit and belittle the SOW
ereignty of both governments. Imperium
In imperio would be false.
According TO Mr.. Bryan there is some-
where 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 resisting its officers
and completely paralyzing all its opera
tions as a government, unless the local au-
thoritles 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
iects, II has as to those subjects all the
attributes of sovereignty, and one OF
these Is always and everywhere, within
the territory OF the states which compose
Il. to suppress and punish those who in
any wise Interfere with the exercise Of its
lawful powers. The fact that there are
within that territory. other governments
exercising sovereignty over all matters
not so committed TO It can make no differ
ence under our double form of govern
ment. the essential principle of which is
o.tftfor ~ nouyaI-c IN ba aworot.od A..