New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-12

ONE OF HIS FALLACIES EXPOSED BY AT
TORNEY- GENERAL HARMON.

PRESS BY FORCE INTERFERENCE WITH ITS
OPERATIONS EMPHArIcALLY ASSERTED
-BRYANs DOCTRINE MORE
DANGEROUS THAN
SECESSION.
Washington. Sept. 11.-Attorney-Ge General Jud-
son Harmon to-day made public his views on the
political situation. especially 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 commu-
ncation follows:
II have concluded to give public answer 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 nomi-
nation for President by the Convention at chi
cago ampliies the protest which that Convention
made in its platform against Federal interference
in local affairs. which, strangely enough, Is not
found In the platforms Of the other two ConVen-
tions which have also nominated him.
"As nothing else has been done or proposed to
which they can possibly apply, these protests
were intended ard are understood to be directed
against the recent action of the President in forc-
bly, suppressing riotous disturbances which had
stopped the carriage Of the mails and interstate
commerce and were defyng the civil officers OF
the United States.
The President took this action, not only
without the request hut in some instances
against the protest Of the authorities OF the
States In which the riots occurred, ana MT
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 vndcates the wisdom Of the franz
ers Of the Constitution by declaring that the
local authorities are better qualified TO judge of
the necessity for Federal assistance.
MORE IMPORTANT THAN THE MONEY
QUESTION.
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
az they all our form of government 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
disregarded the instrument upon which the
Union is founded by supplanting the authority
Of a sovereign State by armed force. prece-
dent has been made which threatens our form
Of government. While. If candidate for Presl-
dent may properly pledge himself in advance.
as Mr. Bryan has done. to do nothing to protect
the property. maintain the authority and en-
force the laws OF the United States unless and
until the officers Of another government request
or consent then really have no Federal Gov
ernmcnt For a government which is not en-
tirely free to force to protect and maintain
itself in the discharge OF its own proper func-
tions is no government at all.
"The section Of IL, Constitution 10 which Mr..
BRYAN refers Is as follows:
Tho United States shall guarantee TO every
State in this Union republican form OF govern
vasion. and application of the Legislature or of
the Executive twhen the Legislature cannot DC
convened against domestic violence.
This section pl inly refers merely to the pro-
lection of the States against interference with
their authority laws or property by domestic
violence. and tLey wisely made solely the
Judges whether or when they need such protec-
ton Mr. Bryan displays a consciousness of the
limited operation % this provision in the ex-
presson Federal assistance IN the clause have
quoteo.
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 or
the United States within the territory or the
State The prevention and punishment of Of
fences connected with the mails. with interstate
commerce and with the administration of justice
i'm the Federal courts are committed to the Gen
eral Government. and to ii alone. such offences
In no wise 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 Federal
assistance with respect to them. OF course do
mcstic violence often, as in the recent riots, Is
directed against both State and Federal author
itv iudiscriminatcy and either or b-th may
suppress it. And in such cases the action OF each
I'm maintaining it's own authority over the sub
iects committed to il tends 10 aid the other. But
in such cases each is acting in It's own lndepen-
rIght a "A Government,
own behalf 1t would be as absurd to claim that
the United States must neglect It's own interests
because I'm protecting them those OF state may
be incidentally protected as TO claim that STATE
must let riot run free because II happens To be
directed against Federal rights or oitcers as Weil
as its own This would limit ana belittle the
sovereignty OF both Governments. lmperlum IN
imperio would be false.
,mnlied in the Constitution for 1t is nowhere eX-
pressed a prohibition of the use of force by the
United States against persons who. WITHIN the
limits of a state. may be successiuIiy resistins
its officers and completely paralyzing all its
operations as a government. unless the local
authorities shall first make request or give con-
sent
while the Federal Government Is one whose
operation is confined to certain subjects. 1t has.
ee To- those subjects. all the attributes of SOW
ereigntv and one OF these is always and every
where within the territory OF the States which
compose II to suppress and punish those who in
any wise interfere with the exercise OF its law
ful powers The fact that there are within that
territory other governments exercising soVer-
eighty over ali matters not so committed to it
can make no difference under our double form
Of government the essential principle Of which
Is n partition Of powers to be exercised inde
pendently over the same territory.
This sovereign right Of the United States
necessarily follows It's officers and agents every
where they so. protecting and maintaining them
I'm the discharge of their duties Congress has
accordlnelv by Section 529I. of the Revised
Statutes. authorized the President to use the
armed forces Of the Government in aid of the
state authorities when requested by them
nrovided I'm the Constitution and has also. by
Tho following section, J.29S. authorized him to
emnIov such forces upon his own judgment
alone against unlawful Instructions combina-
tions or assembages Of persons in whatever