The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-03
TO PROTECT THE PRESIDENT.

The assassination of the late President
Mckinley was followed by a general dis
cussion and many suggestions regarding
legislation for the protection of our Presi-
dents and the suppression of anarchism.
The discussion has measurably ceased, but
no doubt il will bear fruit in some legisla-
ton by Congress. The suggestion fire.
quently made that the killing or attempt
TO kill the President be made treason was
shown to be impracticable because it would
require an amendment Of the Constitution,
which already defines treason. Yet public
opinion demands some federal legislation
the subject. At present the laws are so
defective in some Of the States that if a
President were severely wounded and
should recover his assailant could not be
punished. The attempt to kill the Presi-
cent for political reasons should be made
as grave an offense and visited with as Sc
we're penalty as the consummated act. 1t
is said this is done by bill which has
been drafted by the commission for codify-
ing the federal statutes and which is
framed as a paragraph of the criminal
code. which has been completed and sub
mitted in the form of a report to the De-
partment of Justice. 1t is said the COM
mission gave up trying to frame legislation
aimed directly at what might be called
academic anarchism or seditious utterances
on account of the difficulty of doing so with
out trenching upon free speech. However
this may be, the new section of the GRIM
inal code framed by the commission will,
it is said, make 1t a felony punishable with
5000 fine TO threaten the life or person Of
the President, and a capital crime to actu-
ally assault his person. In both instances
the threat or the attack must be OIL ac-
count of the doing or the failure to do
something connected with the duties of
cause must relate to the Presidents office
rather than his person. In the eye of the
law at present the President has no other
or greater protection against assault than
the humblest private citizen. Moreover,
the Constitution gives the States power to
punish crimes within their jurisdiction, and
the national government cannot interfere
with this power. III the motive or the
crime is in no way connected with the
Presidents official functions the federal
government cannot step in between the
State and the accused. A case can be
imagined in which State laws would be lax
or State authorities inert or Indifferent in
enforcing them. The proposed new law
would cover all such possibilities by giving
new definition and criminal status to as
saults which are directed against the office
of the chief executive. as distinguished
from the occupant of the office, and the
penalty for such assaults is made death,
regardless of whether the President is
killed or not. Thus, while the President
as a citizen would have the same protection
under State laws as any other citizen. he
would have the additional protection of the
strong safeguards thrown around the office
by the national law 1t is probable the
attorney general in his report will make
some recommendations along this line
which will be approved by the President in
his message to Congress.