The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-12

Sr21 government, ana TO IL dlOle. hhSAA
offenses in no wise menace the gov
eminent 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, there-
fore it can require no federal ASSIST
ance with respect 10 them. Oh course,
domestic violence often, as in the re-
cent riots, is directed against both
state and federal authority indlscrlm-
inately, so that either or both may
suppress it; and in such cases the
action of each in maintaining its own
authority over the subjects commit
ted to it tends to aid the other, but
in such cases each is acting IN It's own
independent right as q sovereign gov
eminent and on its own behalf. 1t
would be as absurd to claim that the
United States might neglect its own
interests because in protecting tneIh'
those of a state may be incidentally
protected as to claim that STATE
must let riot run free If it happens TO
oe directed against federal represen-
tatives or officers as well as lis
own.
According to Mr. Bryan there IS
somewhere implied in the constitution,
for it is nowhere expressed, prohi-
bition of the use of force by the United
States against persons who, within the
limits of state, nay be successfully
resisting its officers and completely
paralyze all its operations as govern
ment unless the local authorities snail
first make request or give consent.
This is contrary to the settled prln-
cipie that while the federal govern
ment is one whose operation is con-
fined to certain subjects it has, as 10
those subjects, all the
ATTRIBUTES OF SOVEREIGNTY
and one of those is always and every
where within the territory OF the
states which compose it, to suppress
and punish those who in any wise IN
terfere with the exercise of its lawful
powers.
''The fact that there are w1than that
territory other governments exercising
sovereignty over all matters not so
committed to it, can make no differ
ence under our double form of gov
eminent, the essential Principe on
which is partition Of powers to be
exercised independently over the same
territory.
This sovereign right of the United
States necessarily follows its officers
and agents everywhere they go, pro-
tectine and maintaining them in the
discharge of their duties. Congress
has accordingly, by section 5297 OF the
revised statutes, authorized the presl-
dent to use the armed forces OF the
government in aid of the state authorl-
ties when requested by them, as pro
vided in the constitution and also by
the following section, 52S9, authorized
him to employ such forces upon ms
own judgment alone against unlaWIui
Instructions, combinations or assem-
| blaees of persons: in whatever state or
territory thereof the laws Of the United
States may be fOrcibly opposed or the
| constitution thereof INSTRUCTED.
1T was under the power conferred
] by this last section that the late re-
/ bellion was suppressed. Mr.. Bryan
! doctrine that this law is unconstltu-
/ tionai is more dangerous than thaI OF
secession. The latter, at least, lett the
! government some power and authority
/ in the territory of states which
/ should choose to remain. Mr.. Bryan
would reduce it to idle mimicry of the
1 state 1t was no more intended 10
make the general government
DEPENDENT UPON THE STATES
with respect to the matters committed
to it than TO the states subject to the
general government with respect 10
! the rights reserved to them.
w nat i nave StlQ Ia Wei 4N4ASN II "
lawyers and students of the constltu-
ton. 1t is chiefly intended for the peo-
pie at large before whom the subject
has now been brought.
Il will recall in this connection the
following resolution, proposed by the
Hon. John W. Daniel, of Virginia, who
was president of the convention which
nominated Mr.. Bryan, which was
passed by the senate July II, 1894, con-
q n
parent dissent:
Resolved, that the senate endorses
the prompt and vigorous measures
adopted by the president of the United
states and the members of his admins
tration to repulse and repress, by mill
| tal-v force. the interference Of laWless
men with the due process OF
laws of the United States and with the
transportation of the mails of the
United States and with commerce
/ among the states. The action of the
president and his administration has
the full sympathy and support of the
law-abiding masses of the people of the
United States, and he would be sup
ported by all departments of the gov
eminent and by the power and re-
sources of the entire nation
1T must be that Mr.. Bryan and the
many demands on his time and atten-
ton has fallen INTO an lHadNefleiice,
cannot believe that he really think;
the president has no power under thf
constitution and laws to maintain thu
government entrusted to his charge
nor can [ believe that Mr.. Bryan
means to promise or to make or Il
permit Others to think he has prom
ised not to interfere if he should bt
elected and the situation of the riot!
of 1894 should arise during his term
| will not lightly question either hi
knowledge as a lawyer or his sincerit.
as a public man Certainly his lette
is generally misunderstood, unless i
means either that Mr.. Bryan think
the president has no power, or thar n
would himself not use it, If elected.
"JUDSON HARMON"
HE Is SICK.