Cottonwood report. [volume] (Cottonwood, Idaho) 1893-1901, 1896-09-18
HARMON ANSWERS BRYAN
U. 5. ATTORNEY OBSERVATION-DISCLOSURES
no THE CANDIDATE.
Lawyer Thinks Bry-
an Has Gone Farther Than the
Several Platforms.

Washington Sept. u.-Attorney
General Harmon today furnished the
following for publication:
1 have concluded to give public answer
to the many inquiries made of me upon
subject of great moment. to which gen
elal attention is now directed. Mr.. Bry-
an in his letter accepting the nomination
for president by the convention at Ch1ca-
go, amplifies the protest which that con-
vention made IN it's platform against fed
eral interference lii local affairs, which
strangely enough is not found in the
platforms of the other conventions which
have also nominated him.
AS nothing else has been proposed TO
which they could possibly apply, these
protests were intended and are under
stood to be directed against the recent
action of the president in forcibly sup
pressing riotous disorders which had stop
ped the carriage of the mails and inter-
state commerce. and were defying the
civil officers of the United States The
president took this action, not only with
out the requests, but in some instances
against the protests of the authorities OF
the states in which the riots occurred,
and Mr. Bryan, taking section four of
article one of the constitution to be the
law on the subject, pledges himself
against any repetition of the violation
charges. He indicates 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"
This, in my judgment, is a far more SER
ious matter than the money question, or
any of the other questions that are now
before the people, grave as they all are
Our form of government may survive
wrong decision on these questions, and
the people may endure for time the
evils which arise from false systems of
finance and taxation, but if the presi-
dent has diSregarded the instrument up
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 properly pledge himself in ad-
vance, as Mr. Bryan has done, to do moth
ing to protect the property, maintain the
authority and enforce the laws of the
United States, unless and until the off,
GERS of another government request or
consent, then we really have no federal
government; for a government which is
not entirely free to use force to protect
and maintain itself in that discharge of
its own proper functions, is no govern
ment at ALL
The section of the constitution to which
Mr.. Bryan refers to- plainly refers merely
to the protection of the states against
in reference with their authority, law or
property, by domestic violence, and they
are wisely made sole judges whether
and when they need such protection.
But by the express terms of the consti-
tuition state has nothing to do with
the maintenance of authority or the eX-
ecution of the laws of the United States
within the territory of the state me
prevention and punishment of offenders
connected with the mails, interstate COM
merce, with the administration of JUS
tice in the federal courts are committed
to the general government, and to it
alone. Such offenses in no wise menace
the general government of the state with
IN which they are committed Therefore
the state can not require protection
against them. The state has no duties
to discharge in these matters. Therefore
II can require no federal assistance"
without respect to them.
Of course domestic violence as in the
recent riots, is directed against both state
and federal authority, indiscriminately,
50 that either or both may suppress it,
And in such cases the action of each
IN maintaining it's own authority over the
subjects committed to it tends to aid the
other. But in such cases each is acting
| IN its own Independent right as a SOW
o4NASh anu on llS own behalf.
II would be absurd to claim that the
United States must neglect it's own inter
ests because in protecting them those of
state may be incidentally protected. as
10 claim that state must let riot run
tfee because 1t happens to be directed
against federal rights or officers as well
as its own. This would limit and belit-
tie the sovereignty of both governments
lmperium in imperi would be false.
mplied-for it is nowhere Expressed
prohibition of the use of force nv the
United states against persons who, with
IN the limits of state, may be SUCCESS
fully resisting it's officers and compieteIv
paralyzing all of its operations as a gov
eminent unless the local authorities shall
hrst make request or give consent
This is contrary to the settled principle
that' while the federal government is
one whose operations are confined to cer-
tam subjects, it has as to those subjects
al the attributes of sovereignty. and enc
OF those is always and everywhere within
the territory of the states which comnose
IL 10 suppress and punish those who in
any way interfere with the exercise of its
awful powers The fact that there are
within that territory other governments
exercising sovereignty over all ,nattars
not SO committed to it, can make no die
ference under the double form of yoyern-
neht, the essential principle of which &c
partition OF powers to be exercised in
uepehdently over the same territory
rms sovereign right of the irnite1
states necessarily follows it's officers and
agents everywhere they go, protectjne
ana maintaining them in the discbarga
OF their duties. Congress has ACCORDING
~ by section 5297 of the revised statutes
authorized the president to use the armod
lorces OF the government in aid of .tate
authorlnes' when requested by them as
P,oV",eo IN the constitution; and has
aiso, by the following section. $3.50 n,,S
Lnorlzed MN to employ such forces unon
ms own Judgment alone against upIa NJ
iCl distractions, combinations or asssr,
oiages or persons, In whatever state ~
cerrltory thereof the laws of the Irnitad
states may be forcibly opposed or ~
execution thereof forcibly obstructed
II was understood that by the nowor
conferred by the section last namad ~
late rebellion was suppressed. Mr. orv1
an doctrine that this law is upconaIIt,,
tlohai Is more dangerous than that of o.
cessloh' the latter at least left tho ,o,,-
"a a. iiiiieht some power and AUTHORITY in
me territory which chose to remain. M
an would reduce 1t to the idle min
fery of the state. 'Aie iiiiii-
, w NAT nave said is well known to
"a "a yrs ma students of the constituti,n
Is chlefy intended for the neonIe ~
laise' before whom the subject has now
neen brought The action of tha ,r 10"
cent and his administration has thp co.,
sympathy and support of the 10 an
n hn