The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-10-02
NUMBER 81


gress attempted to provide, or they did
SO enact, that any order Of the President
or under his authority, made at any time
during the existence of the rebellion,
shall be defense in all courts to any ac-
tion or prosecution, civil or criminal then
pending or to be commenced for any such
seizure, arrest or imprisonment, made,
done or committed, or acts omitted to be
done under and by virtue Of such order,
or under color of any law Of Congress-
| By the laws Of this land, every man who
does an act without authority of law,
(which Injuries another, is tresspasser;
and the person injured is entitled to COM
pensstion in damage for the injury done
him. Justice would certainly require
government to protect its subordinates
by indemnity, if made liable personally
for their acts. But here is an attempt to
shield them by denying remedy to the
injured
But they stopped not here; they at
tempted further to provide that all suits
commenced in State Courts by parties in
ljured, against wrong doers, should be
transferred to the Circuit Courts Of the
United States, thus attempting, in the
face of the Constitution, to give the Ped
eral Courts jurisdiction of cases between
parties in the same State, in common
action of trespass. But not content with
this, they further declare that all prose
cutions of criminal nature, should also
| ba - I NJ.
and thus would be exhibited the gpecta-
Gle Of Federal Judges trying the common
indictments of State Grand Jury, for
violations Of State laws for pnnishments
of ofensesl As to the parties injured, it
was an attempt to harrass and defeat
them with expenses and delay by attend
ance on a distant Court; and as to the
State Courts thus to be oyerridden and
disregarded, it was declaration that they
could not be trusted for an acquittal the
attempted transfer was an avowal equally
plain that the Federal Courts could be
we'll trusted for such purpose.
1t is in this way that the Congress Of
1923 sought to overthrow. the States;
and the present Congress, SO far fromsre-
pealing these yenactments, or even for
] bearing to repeat them, have SO transeen-
ded these bounds of usurpation, that the
j purpose of them can no longer be doubt
ed. Under the popular name Of an in-e
demnity act, they passed an act on the
10th of April, 1866, which purposes to
be an amendment Of the habeas corpus
act, and for regulating judicial proceedings
in certain cases. tits published as Pub
lie Act No. AZ, and the destructive nature
of its startling provisions compel an emu
meration of them here. The exemption
from liability for an arrest and imprison-
ment made under an order of the Piesi-
dent, is now made to cover all acts done
j by any officer or person, under any order.
written or verbal, made by the President
or the Secretary of War, or By any mill
tary officer of the United States holding
the command of any district or place.
j Though for the benefit of the new Presi
dent and his subordinates, no such order
y shall excuse any act done after the pass
age of the present act.
They undertook futher to provide that
! should be sufficient defense IN all such
cases to produce the original or certi-
fed copy of it, or even telegram, pur
porting to be an order, should be pfim1
facie evidence of its authenticity. That
suits might be removed from State Courts
, even after issue joined-and that if State
f Courts should proceed in such cases their
judgements should be void, aud all judges.
and parties liable to action for damages
y to the persons against whom recovery
: should be had. q
5 The proper bounds Of this letter will
e not permit an examination of all the sun-
: lawful acts of Congress by which they
e have attempted to legislate on matters
which belong to the States alone. :
Instead of exercising her power given
/, to provide for calling forth the militia to.
: suppress insurrection, they used power
: not given them, by enrolling the Nations
n al forces and taking men by CONSUMPTION
), to serve in the armies. Older laws--
f laws as old as the Government7-ha had de-
q signated the very same men as the militia
j of the States, as they truly are and must
be, unless taken from it by voluntary en-
e listment.
! They have attempted to charter rail-
# roads for common purposes of trade, in
c competition with existing roads, and to
d regulate their fare.
y They have attempted to regulate the
e fare Of railroads in cities, and to regulate
: the sale of tickets, and the places where
d they shall be sold.
4, They have sought to tax railroad COM
el panies on their receipts, and to authorize
n them to charge the same to the passengers
: in face of the limitations Of State laws.
al They have sought to tax gas compa-
Ie nies on the amount Of their receipts, and
,e to add the tax to the price of the gas tc
n consumers, even when the gas companies
'e may be limited by their charters in the
at prices they may demand.
sr They have attempted to tax suits ii
al State Courts, which they clearly cannot
"a do, any more than States can tax suits il
ID tie Federal Courts.
is They have sought to forbid State Re
SIS corders from recording in their Offices
" deeds of conveyance made in contormit!
IN with State laws, which can alone regulat
e. conveyance of land-and have attempted
he to declare void such deeds and records q
ed evidence in State Courts.
or I cannot in this letter remark in de
Id tail upon the tax laws of Congress as the
ii would merit, though the arbitrary, unjus
to and oppressive burdens laid on one pal