The Iola register., 1902-06-20

only because Of the vastly important
functions which the President exer-
cises, but because he stands as the
representative of the sovereignty of
the nation, so that an assault upon
him has the element of treason as
we'll as of murder in it, combining
thus the two highest crimes known to
human Jurisprudence. Who among
us cannot recall the mingled feelings
with which we heard of the assassina-
tion of William Mckinley? The feel
ing OF grief, first. for the loss of
man we so much loved, and then the
sentiment of rage that an impious
hand had been lifted against our
country. Not one of us but felt that
the whole nation had been outraged
and iusulted. The feeling was less in
degree, perhaps, but it was the same
in kind as If a foreign warship had
fired without cause upon merchant
vessel flying the American flag.
In this latter case, suppose 1t
should ever happen, is there one
among us who would be content to
leave it to the State whose citizens
might happen to- own the merchant
vessel to exact retribution from the
power whose warship had offended?
Would not every American citizen
instantly demand that the whole
power Of the nation should be invoked
to avenge the insult which all the
people had suffered by the assault
upon their dag? Well, is not an at
took upon the President because he is
President as much an insult to all
the people as an attack upon ship
which bears our flag? And is there
any more reason why we should be
content to let single State take en-
tire jurisdiction of the crime in one
case than in the other? An assault
upon the President because he is
President is crime against the ma
tion. A crime against the nation
should be placed within the jurisdic-
tion of the courts which represent the
nation. This Congress should serve
notice on all the foul breed of anarchy
that when any one of them assaults
the nation through the natl on head he
will have every American citizen,
through the nations courts, to reckon
with.
While disagree utterly, therefore,
with the views entertained upon the
other side of this Chamber, / regret
very much to find myself unable to
approve without qualification the bill
which the majority of the Committee
on Judiciary has presented for our
consideration. The first section of
this bill reads as follows:
THAT any person who unawfully. pur-
posely, and knowingly kills the President
of the United States while he is engaged
| in the performance of his onicial duties. or
because of his oiicial character, or be-
cause OF any OF his onicial acts or omis-
sionS shall suffer death"
The gentleman from Indiana Mr..
Crumpacker has given notice that at
the proper time he will move to amend
this section by striking out the
words "while he is engaged in the
performance of his official duties, or
because of his official character, or
because of any of his official acts or
omissiUns;" so that it will read;
That any person who unlawfully,
purposely, and knowingly kills the
President of the United States shall
suffer death''-and | most earnestly
hope this motion will prevail.
| am aware, of course, that the
qualifying words which this amend
ment proposes TO strike out were in
serted because, in the judgment OF the
majority of the committee, they were
deemed necessary to insure the con.
stitutionality of the act, and l have
listened most attentively to the very
able and exhaustive arguments by
which the distinguished chairman o
the committee and his colleagues have
sought to enforce this view of the
question.
But | must confess that | remain
unconvinced In the first place,
think it will bc conceded that all the
Supreme Court opinions which have
been so voluminously cited in this
debate have been utterances of in
depreciation and not of exposition
The Supreme Court has undoubtedly
declared in numerous instances thai
statutes enacted for the protection o.
United States officers while in the dis
charge of their duties are constitu-
tional, but it has in no case cited here
declared that a statute enacted for the
protection of such officials during the
entire term of their Office would moi
be constitutional. And / submit that