The Washington times., 1901-10-27
ASSAULTS ON A PRESIDENT
Steps to Provide More Stringent
Penalties for Offenders.
Weakness in the Federal statutes
Discovered-Comm on Codi-
fication of Laws Expected to Draft
a BiII-The Proposed Legislation.

The recent assassination Of President
Mckinley has uncovered an alarming de-
feet In the Federal Statutes regarding as
saults on the President of the United
States In several parts of the country,
if he had even been severely wounded
and had recovered, his assailant could not
even have been punished.
To correct this anomalous condition
Congress will be asked at its next session
to pass a b:ll which has been drafted by
the Commission for Codifying the Federal
Statutes 1t Is framed as a paragraph of
the Federal Criminal Code, which has now
been completed and submitted in the form
of a report to the Department of Justice.
This new section will make various
crimes punishable when committed in
forts. aresnals, etc, owned by the Gov
ernment, on sites of postoffices, custom
houses. ard other Federal buildings. and
within the shore line on the great lakes,
and aboard American vessels wherever
they may be.
In order to secure a larger measure of
security for the Chief Magistrate, the
commission has drafted a separate bill,
making it a felony punishable with $500
fine, to threaten the life or person OF the
President and a capital crime to assault
his person. In both instances the attack
must be on account of the doing or fall
ure' to do something connected with his
duties as President.
Much difficulty was experienced in deal
ing with the subject of law to protect
the president. In order to bring the Of
fence within the Constitutional pale the
crime must be more than crime against
the person. In the eye of the law at pres
TnF
against assault than the humblest citi-
zen, Moreover, the Constitution gives the
States power to punish crimes within
their Jurisdiction; and, in spite of any
law which Congress may pass. State
viii still have jurisdiction to punish as
sauIts upon the President in his private
capacity. II the motive of the crime is
in no way connected with his official func-
tions. the Federal Government cannot
step in between the State and the ac-
cused.
The purpose of the new law is to define
as crimes assaults which are directed
against the office of the Chief Executive,
as distinguished from the occupant Of the
Office OF such character have been all
the ssassinations Of our Presidents. In
no instance was there any animoslty
against the President personally. Wilkes
Booth had none; Guiteau specifically dis
claimed any, and Czolgosz has declared
from the beginning that he aimed at the.
office and not the man.
No effort has been made to bring such
assault under the head of treason, that
crime being well defined by the Consti-
tuition. Moreover, the death penalty is
imposed regardless of whether the Pres
ideiIt is killed or not. Under the milder
penalty is mere fine, will come written
or spoken threats against the life or per-
son of the President, always providing
that the incentive for the threat is dis
satisfaction with his official acts or poll
cies.
Another feature OF the legislation which
will be recommended to Congress for the
protection of the President is a provision
for Furnishing accessories before the fact
As advisers of. or assistant in, the crime.
this is calculated to reach the anarchists.
After the President has been assa aulted. if
ii can be shown that there were associ-
ates who counseled the assault or helped
TO perpetrate it. they will be held to an
equal responsibility with the direct as
ssilart.
The commission has practically given
over trying to frame legislation aimed
directly at auarchism. Any move IN this
line trenches - upon free speech and is
so liable to abuse that it is necessary TO
exercise great caution. In defining the
offences to which the proposed law shall
apply, it Is difficult to draw the line be-
tween a really criminal intent and an
honorable intent aimed merely at the re-
versal of some existing policies or the
political overthrow of some person or
persons in office, with q sincere view TO
the ultimate welfare Of the country
The commission consists Of Alexander
G. Botkin. David X. Watson, and VIII
liam D Bynum. II has been at work for
several years, has finished ii criminal
code, and is now at work on the civil
Etatutes. This task will require several
years more for its completion. 1t Is eX-
pected that Congress will give early at
tention to the proposed law for the pun
lshment Of assaults upon the President
either in or out Of its regular order.
The death of President Mckinley has
aroused a widespread popular demand for
such legislation, and. though there will
doubtless be considerable argument on it's
Constitutional phase. serious opposi-
tion is anticipated. The Attorney General
will undoubtedly make some recommenda-
ton to the President. and this will be
reflected in his message.