Evening star., 1901-09-09
THE ACTION OF CONGRESS
SENATOR MALLORY SPEAKS OF THE
NEED OF A SPECIFIC LAW.
Sympathy I'm the SOuth-The News ot
the Assault Upon the President
Received with Horror.

Senator Mallory Of Florida who is in the
city. when seen this morning by Star re-
porter, was asked his opinion as to the con-
stitutionality of an act of Congress direct
ed to anarchists, and making their con-
spiracies in this country against the lives
of foreign rulers a crime, and themselves
particeps criminis, or accessaries before
the fact, and punishable as such.
The question has arisen with such star
tling suddenness, and 1t Is such highly
important and grave one, that / would not
care to be quoted giving fixed opinion as
to the power of Congress In the premises"
replied Senator Mallory. though it Is one
which will no doubt be gone carefully Into
during the ensuing session.
Il will say, however that 1t is a question
which ought to be looked into, and the
power Of Congress to act ascertained. The
attempt to take the life of President Nc
kinley emphasizes the need of some law
by which anarchists may be reached be-
yond those afforded by the local laws OF
the state, as 1t is. for one reason, toward
the ruler of the country that their attacks
are directed. Also. the time is Opportune
for the United States to say to these unde-
sirable people that this country cannot be
made an asylum by them.
Federal Jurisdiction.
Under the present law Czolgosz, should
wish of every American, will be tried by
the state authorities and the maximum
penalty is said to be but ten years in state
prison. The attempt to aSSaSSinate the
President of the United States the as
sassination Of President should be made
an offense against the laws of the United
States. The killing Of officer of the
United States internal revenue service in
the performance of his duty is an offense
against the laws of the United States, as
well as the laws of the state where the
crime was committed, and these cases are
tried in the United States courts and not
those of the state. The most notable in
stance of the Jurisdiction of the United
states courts In parallel instance was the
shooting of Terry by Special Agent Nagle
in California, when Terry attempted to as
sault Justice Field. Nagle was arrested by
the state authorities and was to have been
tried before the state courts, but on a writ
Of habeas corpus the cause was removed
to the United States courts and Nagle was
released from custody upon the ground
that he was in the performance Of his duty
when he fired the shot that killed Terry.
Under this decision had Special Agents
Foster or Ireland shot Czolgosz either be-
fore or at the time of the assault upon the
President they would not have been tried
by the New York state courts, but by the
United States courts, and properly and
promptly released, as protecting the Pres
ident was their specific duty.
Punishable by Death.
"An assault. or an attempted assault, upon
the President should be made a distinct
offense, and should be punishable by death
The high and honored Office which he holds
as the President Of our whole people should
have this protection. The consequences
Of an assault upon the President are SO
great, the effect upon the country SO tre-
mendouS and disturbing and the general
result so terrible. that the crime is one Of
the greatest magnitude. and the punish
ment should be fitting and speedy.
And in this connection" continued Sem
ator Mallory. with feeling. Il will say that
the hearts of the people Of the south go out
to the President and his beloved wife.
Il was In Jacksonville when the first
meager dispatches Of the foul crime came
ticking over the wires. The people were re-
luctant to accept it as true, and were
filled with horror. For several hours busi-
ness was practically suspended, and the
people congregated In the streets and
thronged the telegraph office. 1t was two
hours before we received definite details
and the suspense and excitement were very
great. There was feeling Of the deepest
sympathy among all classes, and the senti-
ment was that the wretch deserved instant
death.
Sympathy IL the South.
ION my way to Washington, all through
South and North Carolina and Virginia, the
excitement and sorrow in the different
towns through which 1 passed was most
manifest. The people of the south feel that
Mr.. Mckinley is the President of the whole
country. Without dissenting opinion the
act was deplored. We appreciate the fact
that a serious injury would be done the
country by his death. It is the universal
prayer Of my section that he may recover,
and the recent bulletins that he Is no worse
are welcomed by us. He Is man known
to be without enemies He is q gentleman
of polished manners and agreeable charac-
ter. My personal relations with him have
been cordial and in all instances he was
courteous and kind.
Such crime Is a willful and outrageous
assault upon the dignity of the whole coun-
try. The perpetrator revels in the noto-
riety 1t brings him, as did Guiteau to the
very last. 1t is a great pity that he cannot
be summarily tried and punished. In Gui-
teau's case six months elapsed before his
execution. Justice should be quickly ad-
ministered in these cases of high crime"