The Washington times., 1901-09-29


there was no anarchy law would be-
come a general rendezvous for the sect.
unless a Federal statute were in force
there.
The question of the constitutional
power of Congress to enact such legis-
lation at once presents itself in view
of the contingency referred to. Upon
this point some doubts have been ex-
pressed. based upon the recognized fact
that the Federal Government is one
sf limited powers. "In what part OF
the Constitution" it is asked 'can be
found any authority by which a Fed
eral statute against anarchism, which
has not become insurrectionary in char
acter be enforced without an invasion of
the reserved rights of the States?' 1t
is a question which no one may pre-
sur1e to answer with too much of dog
matism. There is, however. an answer
which seems fairly to cover the case,
although The Times does not assume
to speak ex cathedra.
Every Government possesses the in
herent right of self-preservation. The
trainers of the Constitution recognized
this right in the provision relative to
treason. 1t was assumed, though, that
treason was the only real danger with
which the United States Government
would have to contend, and that trea-
son itself would never become really
serious unless it took the form of an
overt act. But anarchism, unknown and
unthought of at that time, in its es-
i, ha,
treason. The offence known by the lat
ter name does not, in its nature, nee
essarily involve moral turpitude. 1t is
an attempt to overthrow an establish
ed Government for the purpose OF set
ting up another in its stead. The at
tempt may or may not be wrong az
cording to the time, place, and circum-
stances. But the fathers of the Repub-
lie believed that they were creating a
Government which no man or body of
men should be permitted forcibly to
overthrow, and hence the provision rec
ogniZing treason.
.Anarchism includes treason and other
things very much worse in a strictly
moral sense. 1t aims not merely 70 sub
vert one Government, but all govern
ment- 1t would not stop with the an
initiation of government but it would
cutaway the very foundations of society
by abolishing marriage, and destroying
the most sacred of all human institu-
tions, the family. The mere enormity
of the doctrine from a moral point of
view would not, of course, give the Fed
eral Government the right to take un-
constitutional means for its suppress
sion; but considering the utter chaos
that would result from the success of
the anarchist propaganda, 1t may be
urged with much force that the FEEDER
al Government is well within it's con-
stitutional powers when it takes steps
for its own protection against those
who are the avowed enemies of all
government and all law
If the anarchists could have their way
it would be utterly impossible for any
Government to do anything. for there
would be no government to act. Hence,
the case of anarchism is altogeth-
er unique in character, and must be
judged as thing apart from all other
things. To say that the Federal Gov
from such a sect upon the separate ac-
tion of forty-five different States seems
like denying to it the right of self-pres-
eryation. If. in high judicial circles,
there is any doubt upon the constitu-
tional power of Congress to deal with
this matter, then an amendment con-
ferring the power should be submitted
to the States at the earliest practicable
day.
Cognate to this, although not neces-
sarily involving the crime of anarchism,
is the matter of protecting the Presi- |
dent by making a deadly assault upon
him punishable capitally, even though |
the assailant fails in his purpose. Such |
an attempt is a crime against the en-
tt-c nation, and may affect every man, |
woman, and child in the land. 1t should |
be within the province of the National |
Government to afford the fullest possi- |
bic protection to its own head, and the |
crime of either assassinating the Pres |
ident or attempting to take his life, |
should be triable in the Federal courts. |
II such is not the constitutional law of /
the land already, it should be made so |
with the least possible delay.