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Congressional Record-House 1902. CONGRESSIONAL RECORD-HOUSE. 6337 to kill the President, etc., he shall be punished for a te1m not ex- States court would tend to prevent punishment in the State courts• . ceeding ten years. Hence the effect of that section, to my mind, can result only in Mr. RAY of New York rose. bad, in harm, and harm that is wholly uncalled for and wholly Mr. LOUD. I hope the gentleman will not intenupt me just umiecessary. there. Now, I wish to make brief reference to section 5. M:r. RAY of New York. That is the Senate. Any person who, while engaged in an Unlawful attempt to inflict grievous Mr. LOUD. Yes. I want to say that even the other body, bodily harm, kills the President- three or four months nearer this assassination, w~s not infallible. What is your punishment for him? Now, what motive prompted the enaction of section 3 or section 5 Mr .. RAY of New York. If the injury results in the death of I can only anticipate. If a man aids or abets anotheT to kill the the President, then the criminal is imprisoned for life. If it does President, he must suffer imprisonment for twenty years; but if not result in death, then I think he is imp1-isoned not less than ten he aids or abets in writing o1· in printing he shall suffer only ten years. years. Whether that was enacted there out of deference to the Mr. LOUD. Not less than five. great press of the country or not I can not tell. [Laughter] The Mr. RAY of New York. We made the distinction between that man who performs the act of aiding or abetting must suffer offense and the willfulkilling, because we preserved a distinction twenty years' imprisonment; but if he happens to put it on paper, between a killing with deliberate and premeditated design to ef­ if he issues it in a daily paper and circulates it to a million men, feet death and an assault where there was no deliberate or pre­ or proclaims it from the housetops, why then he gets off with ten meditated design to effect death. years. Now, great judicial minds, it seems to me, framedlegisla- Mr. LOUD. Well, if it wa-s not premeditated, it would not be tion of that cha:racter. murder, would it? Mr. RAY of New York. Well, you do not mean to charge-- Mr. RAYofNewYork. Oh,no; notmurderinthefirstdegree. Mr. LOUD. Oh, I am not charging the House. I am simply Mr. LOUD. If it were accidental it would be manslaughter. taking both of these bills, Mr. Chairman, the Senate bill being now And why make reference to it? Why confound-- the bill under consideration. Mr. RAY of New York. Confound what, may I ask? Acci- Mr. RAY of New York. The gentleman concedes that the dental killing, if not negligent, would not be criminal. House committee changed that. · Mr. LOUD. Why put section 5 here at 11? Mr. LOUD. Yes; I can concede there that the committee of Mr. RAY of New York. For this reason, if you will permit the House was wiser than the Senate, if I may be permitted to me: There may be a case where a criminal might desire to dis- say so. able the President without desiring to kill him; because he has Mr. RAY of New York. I thank the gentleman. not been appointed postmaster, a man might want to maim the Mr. LOUD. And I want tosayinadditionthatiftheJudiciary President. He might go with a knife with the intent to cut the Committee would · wait until next winter I think they would President in the arm or to cut his wrist, but in doing that he not alone be wiser, but would have more courage and would not stabs the President so he dies. Now, we thought it wise to pro­ yield to a sentiment, now real and earnestt in pushing the enact- vide against any such at/"Lack as that. There are those who say ment of some legislation that will protect the life of the Presi- that if a criminal makes such an attack and inflicts grievous bod­ dent, but the means of arriving at which the best judicial minds ily harm, he should suffer death; but the committee did not in this House can not agree. I think if the whole Judiciary Com- agree with that. We imprison him for life, because of the lack mittee here could agree absolutely that this bill would protect the in such a case of a deliberate and premeditated design or pm·pose life of the President I would join them and vote for the bill; but Ito effect death. · even they themselves can not agree unanimously upon a measure Mr. LOUD. Well, I believe that section 5 cart only result in- that will protect the life of the President. harm. I believe if a man attempts the life of the President in any Now, I do not suppose there is a member of the Judiciary Com- way, or that if as the result of anyattackupon him he dies, he should mittee who will assume that the fear of punishment is what pre- suffer death as soon as possible-not because it is a punishment, vents crime. The history of all times contradicts an assumption but because men of that chara-cter must be taken off the face of of that kind. There is one other thing here to which· I want to the earth, that is all. [Applause.] Now, if you take a man of call the attention of the Judiciary Committee of the Honse. this character and put him in prison for life, he becomes in That is about our ambassadors, for whom they are so solicitous. the eyes of quite a large and growing class of people in this Section 13 of course you know is not made applicable to them. country a martyr at whose shrine me-n and women morbidly wor­ It is not assumed that they are at all times and under all circum- ship. And for that reason mankind demands that such a man be stances in t~e performance of their duty. put off the face of theearth,_not as a punishment, but because he That any person who unlawfully, purposely, and 1..-nowingly kills a!ly am- is dangerous to the community. bu.ssador or IJ?inister o~ a. foreign_ State or country accredited to the United Now, I did not attempt to discuss this question more than ten States, and bemg therem, and while engaged- or fifteen minutes. I knew I was wholly incompetent to discuss And so forth- it from a legal standpoint. I only intended giving to this House shall suffer death. some reasons why I could not support this measure. Now, if he is killed in a State, the United States courts are I say I do not believe this measure would p1·event an attack going to assume jurisdiction. Then arises the question as to uponorinanymannerprevent the assassination of the President, whether the ambassador or minister was in the perfOTmance of Vice-President, or any o:ffiyer who may legally succeed him. If his duty or not, and if he was not, what is the result? The de- !did, thenlwouldcheerfullyvotefor it. Men whoattack aPresi­ fendant is acquitted, is he not? According to your interpreta- dent of the United States are men with peculiar minds, and the tion, and according to your reference to the decisions of the Su- greater you can make the crime the more apt, in my humble preme Court, if he was not in the performance of his duty, there opinion, they are to commit it. Thisbillmayhavetheeffectthat is at least a question whether the United States courts would my friend suggested, but if you aTe never going to call it into have jurisdiction. effect, but just simply respond to public sentiment, I feay that Mr. RAY of New York. May I answer that? this class of people, believing that this legislation was enacted in Mr. LOUD. Well, briefly. good faith, will hasten to be the first to perpetrate the crime under Mr. RAY of New York. The Supreme Court of the United it', and rush to assassinate the President of the United States. I States has decided, so many times that there is no question about fear that that will be the result of attempting here by legislation it, that no criminal jurisdiction was ever expressly surrendered to single out one man in the United States and make him, if pos­ by the States to the United States except over piracies and sible, a greater object for assassination than ever before. These offenses against the law of nations. The only criminal jurisdic- diseased minds-for they are nothing but diseased minds-will be tion that the United States Government has is to prevent in- inflamed with the desire to be the first of what they term martyrs ( fringements of and resistance to its power when it is exercising under this law. a function specially or by necessary inference conferred upon it Mr. RAY of New York. 1\fr. Chairman, will the gentleman by the Constitution. allow me one question? Mr. LOUD. Yes, I understand all that; butnowlet us go back Mr. LOUD. I want to get through; I am getting quite warm. to this case. A foreign ambassador has been assassinated or mur- Mr. RA. Y of New York. Let me ask you just one question, and dered or killed in a State and the United States courts have as- then I will not interrupt you again.
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