Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1896-09-19
UNCLE SANS RIGHTS.
a torney-aener Harmon Patriot.
ically Defends One Of Them

Bryan's Attitude the Right OF Covers
nent to Suppress Riots Criticised
Federal Interference I'm Certain
Cases Expressly Authorized
| WASHINGTON, Sept IL. = Attorney
| General Harmon yesterday furnished
| the following for publications:
have concluded to give q public answer 70
| the many inquiries made of me upon sub
| ject of great moment to which general atten-
ton is now directed Mr. Bryan In his letter
accep tfng the nomination for president by the
convention at Chicago. amplifes the protest
| which that convention made in its platform
| against federal Interference in local affairs
which. strangely enough. is not found in tho
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 understood be directed
/ against the recent action OF tho 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 the requests,
but in some instances against the protest of
the authorities OF the state in which the riots
occurred, and Mr.. Bryan. taking section of
article or the constitution to be the law on
| the subject. pledges himself against any repe-
tition of the violation thereof, which his letter
necessarily charges. He indicates the wisdom
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. or any of tbs
other questions that are now before the people,
grave as they all are Our form of government
may survive wrong decision of those ques-
| tions, and the people may endure for a time
the evils which result from false systems OF
finance and taxation, but if the president has
| deliberately disregarded the instruments upon
which the union is founded. by supplanting the
authority of a sovereign state by armed force,
| . precedent has been made which threatens
l form of government: while. if a
for president properly pledges himself in ad-
vance, as Mr.. Bryan has done. to do nothing to
protect the property. maintain the authority
and enfore the laws OF the United States unless
I and until the officers OF another government
request or consent then we really have no fed
eral government. for a government which is
not entirely free to use force to protect and
maintain itself in the discharge of its own
proper functions is gov ernment 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
lenses connected with the mails with inter-
state commerce. with the administration of
justice in the federal courts committed to
the general government, and to it alone Such
onenses in no wise menace the general govern
ment of the state within which they are COM
mittcd- Therefore, the state cannot require
protection against them. The state has no
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. a prohibition of the use Of force by
the United States against persons, who. within
| the limits of state, may be successfully
| sisting its officers and completely paralyzing
| all its operations government unless the
| local authorities shall first make requests or
give consent. This is contrary the settled
principles that while the federal government
| Is one whose operation is confined. to certain
subjects, it has, to those subjects, all the
| tributes of sovereignty. and one of those is
always and everywhere, within the territory of
| the states w hicl it.
| 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
tiers not commi tied to it, make no diff
ference under a double form of government,
the essential principles OF which is a parti-
ton of powers to be exercised independently
over the same territory.
This sovereign right in the United States
necessarily follows it's Officers and agents
everywhere they CO. protecting and maintain
ing them in the discharge of their duties. Con-
gress has accordingly. by section 1897 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, 529s, authorized him to
employ such forces upon his Judgment
alone, against unlawful distractions. COM
binations assemblages of persons lin
whatever states or territory thereof the laws
of the United States may be forcibly op-
posed or the execution thereof forcibly OBJ
structed.''
1t was under the power conferred by the Sec
ton 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 mfmicry of the state
It 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 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 it 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
It must be that Mr.. Bryan. amid the many
demands on his time and attention, has fallen
into an inadvertence I cannot believe that he
really thinks the president has no power under
the constitution and laws to maintain the gov
eminent intrusted to his care Nor can 1 be-
lieve that Mr.. Bryan means to promise to
mako or permit others to think he has prom
ised not interfere If he should be elected,
and the situation Of the riots of 1894 should
ton either his knowledge as . lawyer or his
sincerity public man. Certainly his letter