Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1870-07-16

b ani clunirymRa. ADOPT mY snbslilui
Z sui Il will give al ample praiesiion.
2 l never hal iha pleasurs Of hearing iha
b eneat Constitutional lawyer Daniel Web
? sisr, ailer Shom vas namel bat rccol
leoling tho language sli lmasin ~
appearance when ansWerlng hayne, o
= South Carolina, in debate IN mahy re
speeis similar 40 ihis-at least Affecting
+ the liberties of the people-l eenoiale iha
on yesterday he vas vpFeseniel on ali
io1r In the person Of ssnaior lioWers Whel
using his slelge hammeg Hicks AMI maklnl
the nneonsllintionaliiy Of the House lllg
so plain ihata Wayhrlug man though =
fool could not err therein, Ills speech I
unanswered enl nnahsWerahle.
Followed BY the Senator from " faso
who used the iomahawk and made valr
attempt 10 scalp the Senator from Dewitt
Senator Fountain Is Indeed fortunate hi'
constituents will net hear ef Ills bad decide
they are too far from the scene OF action
lie Informs us that he has looked In vain
ior an iict IA tie Amendment. | am moi
asionl.hed that no did not hnd ii--s JOB
too large for him. lie has lived among tlle
comanehes so long that he has hnt one
idea, and that Is Liooi. Beiior take eharFs
of the frontier regiment, and let Militia
William manage the Militia.
Senators may think an organized Mill
TIA undor ihe House Bill, Win rrcieo, them
against tho exceratioR OF an honest, a 10y
al but indignant constituency, but they
are mistaken. No, Senators, ia war should
grow out Of your action here to-day, which
heaven forbid, You who support tho House
\ Bill anl will not yield one jct or title, will
I 4. - tas 49, fof lao oil rnnH alfl-
zens, Yes, you will be held responsible
by q suffering and injured people.
Mr.. President, | ask in all candor has
the argument used hy Afford, Iridgcn,
Dohoncy, Douglas, Pickett Bowers aud
I Droughton been answered? No, sir. They
have used, il would seem, convincing mr.
gument to prove tho unconstHtionality OF
tho House Bill Yea, verify, Senators,
you admit It, but b!iudy rush on to de-
| stricticn, looking tc q hiGher law deter.
mined 10 crush out all opposition to your
| sIcidal measure.
1t has been said that unless this bill
passed no other measure OF local or gem
! cral character affecting the interest of the
State, should 90 through the House. |
! doubt whether the parties inaEing the as.
| sertion have control of the machine. ucn-
! tlemen have said that certain measures
rassod by this body hal not yet passed the
! House and would not il the militia bill did
not 90 through. Oh, such cowardly argu-
ment, and intcn led to brighten Senators.
What use violence to sense OF right BE-
! cause others DO wrong. Never, rather die
| first. And this is the character of argu-
ment used to pass great moasure.
Much has been sail about the demand OF
the people. Senator's declare that their
constituents desire this militia bill. What
bill. Did you ever hear Of it before this
Legislature convened? Who had any IDEA
that siith proposition would he made
| None of you, no not one Was it talked of
during the carvass2 You know it was not
| 1t certainly was not an issue before the
country and regret that it is Today. The
nuestion of internal improvements Tas dis
cussej, and all agreed that they were for
railroads bntnary word did you ever hear
about State guards, standing armies nni
such like. tell You our people voted for
the constitution you ask me to violate to-
day, that they might be rid of armies,
and is it not bad faith on our part to
force IN army uron them? Senator's, my
experience is not great in public life, but
during short career, have never known
the party lash applied so numerically as
it has been during tho pendency of this
measure. Yes sir, it comes from all quar-
ters, from the House comes members wri-
ting notes and deciding for the chair rul-
ing on questions on order, military officers
direct how matters Of such grave impor-
tancc should be disposed of and by their
advice and connivalce have Senators to
move on to destructiou-bctter be with
their c6uintands. You who have felt the
sting of the party lashcan appreciate my
telling even now nleihinks can see the
laceiated wounds from which runs the
blood down your backs and fills to over
flowing your own boots. How much lon-
ger will yeu stand such unkind and mn
heard of treatment2 Arc youchildren that
you can be whipped in this way? When
will you up for yourselves and respect
your oaths of Office?
The country must know how this CAM
raign has been carried, and why the ma
iority are 80 anxious fora vote. You who
have sat up with sick friends in protract-
ed illness, have frequently been mnch wor-
ried from loss of sleep. These Senators
whose duty it has been 10 set up with GER
tain parties, look much worn and kaggard,
and if this case should be rrotracted much
farther would doubtless subside.
The principles Of the writ of nabeas cor
pus il the right ofthe citizens secured by
the constitutional guarantees. The priv
ileges of the writ may be suspended. but
the right by the Legislators only in ease
of rebellion or invasion and for 10 other
cnuss. Wheeler there is an invasion or
rebellion, is question of fact which the
LEGISLATURE alone eau declare to exists, so
as TO authorize and justify the suspension
Of tile principles of the writ. The people
have delegated this power TO the Legisla-
turc. and IL cannot be delegated to another
department a law of the State MAY DO
suspended By tho Legislature or by its au-
thority true there is no power given to
auy department Of the Government to sus-
mend any nart Of the Constitution except
The solitary instance where the Legisia,
turc may suspend the privileges of the writ
ofhabeas corpus, and only then IL case Of
actnal rebellion or invasion.
The 81 section authorizes The Governor
to subvert the Constitution itself in this,
,h,, be NAV denrive n citizen Of the right