The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-12-04
Who Have an Interest in the Constitution

From the National Intelligencer.
The great political question now presented to the
country is whether the whole population Of the
United States shall have an interest in the Constitution
1t is unquestionaby true that there degrees oil
interest in the institutions of the country and this
fact it is the duty of everybody to consider The
first principle which conrons US is, that every person
of the common jurisdiction shall have right to bis
life liberty and property. This is what is guaranteed
to all by virtue of the great free system of govern
mcnt we have adopted. 1t apperains, in other words,
TO the system, without any reference to The positive
covenants of the organic law of the Union.
1t comes of Che principle that the people, in Gre
atng government, cannot abrdge The personal rights
liberties, immuntes of any law-abding citizen.
The Constitution was framed on this basis 1t forbids
the exercise Of the powers of the State in derogaton
OF this principle. All rights Of person and property
which means the lmmunities and privileges" of
citizens, spoken of in the Constitution, are matters
which never came within the jurisdiction of the fra
mers Of the organic law. They regarded them,
and express provided for their absolute exemption
from the operations Of the political system they Gre
ated The machinery of the habeas corpus act went
far to create distinction between suspected and
c0aUicted persons and placed in the hands of the for
mer, at all times, the power to demand full inquiry
into the causes of arrest, and into the law which is
alleged to have been violated II constitutes sort Of
force against those entrusted with the right of
arrest, with authority to keep them within the scope
81 he laws, and with other authority whatever
J. purely restrictive il all lis features; to the State
y- use it is the compass of It's administration in deal
with alleged crime; to the citizen because while
'eVer shields an offender it permits innocent
tusties to be COMPOUNDED with the guilty.
II States recognise the probable existence of
rsiue e, and provide for its punishment. The Federal
sr2m has constituted complete judicial department
T. hat end. The creation of that department, in
5t~c is the exclusion Of all olher officials from inter-
i@rance with life, liberty property. We can have
a9t' but judicial arrests; but judicial trials;
a@te but judicial judgments aud executions. Nor is
tac Jndcia power absolute. All its forms Of admin
Lst11on are distinctly marked out. 1t must invoke
34ry to whose Judgment the law and the facts Of each
case must be submitted No civilian can be con-
sEaed to prison without the sanction of iurv Con-
y3t5ons aud punishments otherwise are great crimes
E later far than any personal violations of the law
4a@t are crimes against the State, committed by its
e*h officials in the light of the planest provisions of
sae constitution itself. The boundaries of each de-
Esrt1ent being marked upon paper, and interpreted
8% ne uniform practice of the Government for more
Han threequarters of century, we hold it to be .
saFe offence in either department to overstep those
aaallares.
aqw, what do we find to be the condition of noIt
IN the face Of this plain exhibit of the strpc
kase 81 the Government Of the Constitutions Have
53s 1--WE hrazen tyranny established by order Of Con.
#sss winch covers ten States of tile Union Have u