, 1870-10-18
THE PROPOSED RIOT IN NEW YORK.

s.uiry to know who is manufacturing ali
:kese asgocipns f-lsehoods.
THE PROPOSED RIOT In NEW YORK.
The New York World debases its COL
HEELS I" the low and mischieroas use of
.!tlE.ling the New York '.ruughs into the
l*:iet tha. they lave the legal right to
ts;-: the United States Marshal and his
1r, :.!ics. if they attemp: to enforce the
1nr uf Congress against fraudulent voting
j.. tie sitv Of New York, as similar officers
lave just done in Philadelphia. 1t says,
au.,c. the head Of "The Philadelphia
Cn,rage:.
! "ls., !,it1cal, % restrain ourselves within the
III itsr tc.'s1m in what II t~ comes us o .75 III
T:.e outrage rrpttrlted IN Philadelphia By The
I-t's<.1 states Marshal. un,isr color Of the ~
| snn.rt q :he seasobs for regarding this IN = ~
ideally Unconstitutional That tt is a Eas.sl
dabE The II sa
a,ion which ,ae Feaerai authorities have gwen II
n rn!ade'as'a psove the correctness Ct our
. Do oa: rulers a. Washington imagine tina: the
reop;e VIII tolerate this power in the hands Of a
'Ha'saat, and :7a1 a Earshal can he au*h7-4z=i to
u~e military force un*ef the pyt.e1t OF keeping the
race Du they suppose u Is to he to.esa1e1 that
| tnLd :Eaf<s Aafxhats snail he empowered u af-
i. ,tt,r rleE.' unde- d contribution Ebica give;
:" 1s4 ~ o. @ nfsasnes 81 me peace
I'ni:.l States II they do, tney have so,as,atnz
9ts az ,9c a 'pS sIs,s o. 13e 81 Gn aa ~ a. r.
tnneetne'i in the direction Of soldiers n Keep :hc
,t tn nee fnne ifst .ehin% 1h.a ..nds pS IL
h1nFman dulF arpo!nsed br law for al wto CON-
LII, W. aDae'' s4e x.r 49, ,...
| =. tAs oanhetoas
1..1 ~ " aat'ns 'oe 'nteFVa.
WHICH e'Apsea oe'"eea 1he enactment and
| The judicial Interpretation OF any statute
| y7,;le u ;s ,onsa1. .su,.aa l.. -. If
shat statute is legally nresrfntefl fo f,e co,
| ,:.u.:, ~ W e'0-
~a'u'4ona', and that all persons are pro-
1uee. n.H presumption Unit. tne
Ect Is decided to he void by somc compe-
tent eoott set ta1s doctflne mas. as yet
| noi been sanctioned By our courts It
would require, at least, a statute, probably
constitutional amendment, to SO claa2e
she rule that an unconstitutional statute
wonld project those who &C. under il in
| good faith between the date of its enact
ment and the time when it is jndicially de-
cided 10 lie void: We can conceive Of
10 way of making an unconstitu-
| iional act temporarily cunstitutio nal. as it
must be in order to afford any profession
whatever, unless the constitution which it
violates, itself extends this temporary in
saulgcnce in favor Of the acts Of its Leei,-
lature in order to a1oid more serious con-
| ilicts ot authority and Of armed force.
Judge Cooley, in his work onon Cstitu-
! t5onAl Limitations. stntes the 1sur. nc t1,e
0~' ~ tue
| 'UIlstb have heretofore held it, as follows
| -N1,en A ttatuYe ia .t.,e11 m .a ,nro,s+,,,
.upal. it = rs IT il hal nerer been. Rrhfs saa.
a il fr ,isir c"ns,srst,n an ViGn T. assai s.
,i'lu,ss rEo'ee1lon 70 no onc xho ms ar,e:' un-
:ussti ubx.ue to IL tein!e she 1 drcston IL. a.
rads And wns. y tue oi ~ act soid u toto, Is
% l+ uncons.,tas,onai, aud which. constousn;S' S.
n :" M ss"snsa ., - ~ ess1oS @ neseT At my time.
Whoever, therefore. at present assumes
the risk Of resisting statute by force, On
the ground Of its nuconsti,utiouali,y. las
n prumise of immunity f1um punishment,
Il the courts hold the act to he unconsti,u-
tion1l. So the traitor and rebel, who at.
tcmpts to 1evolutiunize a government by
force, enjoys like promise of immunity.
if he succeeds But the New York
trough" who allows himself TO risk his
neck md his life on the strength Of the
LEGAL oninion of thu scriitiinr Rohen,ians
"'aea''"a'
~. :. .' - ~'"' ~ op1os''4ou -
tna' ot tNo VI 1ae three branches OF the
Government of the United Slates,-.le
Legislative and the Executive, e,-in the faith
that the Judicial branch Of the government
| will sustain him. does so at his ,,aril f1ne