The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-03-08
IT'S UNCONSTITUTIONAL
Every Man Should be Equal Before
the Law.
THE WAY TO PROTECT THE PRESIDENT
It is, Declares Bacon, to Prevent Persons Who
May Have Designs Upon His Life
From Having the OPP
portunty.
lRv the Associated Press.l

(By the Associated Press)
WASHINGTON, March 7.-On account Of
the indisposition of Mr. Vest, of Mis-
souri,, and Mr.. Mallory of Florida, who
expected to speak today upon the pend
ing Ship Subsidy Bill, that measure was
not considered by the Senate today.
After the Diplomatic and Consular
Appropriation Bill had been passed
early. in the session, the Senate took up
the measure for the protection of the
President of the United States.
Mr.. Bacon, of Georgia, continued his
speech begun yesterday in opposition to
the bill, making an extended constitu-
tional argument against it. The Senate
agreed to make the bill the unfinished
business at the conclusion of considera-
tion of the Ship Subsidy measure.
Mr. Bacon, of Georgia, offered an
yiding that the student interpreters ON
ployed in the legations and consul
lates in China should be selected in a
non partisan manner and that they
should agree to remain in the service
for ten years. The amendment was
agreed to.
Continuing his speech begun yester-
day on the bill for protection of the
President, Mr. Bacon contended that the
Of ~
would be an extension of the law
against treason as defined by the au-
| thorities He quoted various writer's
on law and the Constitution in support
of his point.
| Merely because the crime named in
the pending bill was not designated as
treason did not change its character 1t
practically was made treason by the
penalty provided and the means resort
ed to to apply the penalty to the crimi-
| nal. He indicated his belief that such
a provision was unconstitutional, main
tanning that treason had been defined in
the Constitution only after long and
careful debate, during which every pos
sible contingency was considered.
| He argued that the Constitution in
: tended that each man shall be equal
before the law and the remedy for an
attack on the President or the killing
of the President should be the same as
if the crime WERE committed against an
individual.
| He denied that Congress had jurisdic-
tion to legislate with reference to an at
tack on the sovereignty of the United
States through the person of an official.
Mr.. Bacon maintained that The con-
tention of those who supported the
measure was in effect that there was no
differentiation between the crime of
treason and an assault upon the Presi-
dent which threatened the existence of
the Government. He urged, however,
that if that were true, the assassination
of the President would be treason.
Mr. Bacon denied the constitutionality
of any law which shall invade our insti-
tutions, which shall overturn the recog-
nized procedures OF one hundred years
and which shall put it in the power of
partisans either on the bench or else
where ''to oppress men on account of
political opinion" The bill il enacted
he said, would muzzle the press and
make any editor afraid to express an
opinion as to the President or other of
fetal for fear that thereafter, if any of
these officials should be Killed, he
might be tried for murder
| He would not, he said, vote for the
/ bill even il he were the only man in
the Senate and the House of Represen-
tatives opposed to it. The only way to
protect the President, and Vice Presi-
dent, and heads of the departments, he
declared, was to prevent persons who
may have designs on their lives from
having the opportunity.
After an executive session the Senate
adjourned until Monday.