The Centre reporter. [volume] (Centre Hall, Pa.) 1871-1940, 1871-11-17
Rererdy Johnson's Speech

heNeFuy JOhusOu N cpccch'
Hon. Reverdy johnson, deliV erred n very
able speech at Baltimore, on the 2nd inst,
nom which We make the following oI'
tract;
There Is one confederation, however, of
gcnerAl nature which should persuade
the people that the party IN power, legis'
latiVe and executive, have nos, since the
termination olthe war, wisely ndulini,tered
the government. The war ended Ia April,
iSt5. Since then no body of men. nor, 80
far as | know, any individual man, has
raised HE arm against the authority OF the
United States, Thejudlclary ofthe United
States was almost az once roinslascd IN each
OF the States which had been Ia rebellion,
and they have ever since administered
their functions, not only without resls-
tanee. but without the show resistance.
All the forts in these States have re-
maiaed Ia the quiet possession oi the gov
ernmenL Our commercial marine visits
every Southern port without opposition,
and ~ AA gafe there ~ In any Of the other
ports ol the country The laws ofthe Uni-
led States have been administered without
opposition, aud the general acknowledge
meat Of the authority Of the I nl.ed States
aud Of the duty Of allegiance has every
where prevailed. Zach Of those States Is
now represented in both branches OF Con-
grSas zach haa ita governor, legislature,
and Judiciary, and has enacted aud admin
tered ita own laws, recognizing throughout
the paramount authority of the Union,
Notwithstanding all this they are now sub
jected, not only 10 oppressive laws, but to
laws which ! think are In direct conflict
with the Constitution Of the United
States, and in their nature destruc-
tive 20 the liberties Of the people. 80 far
from this conduct having brought about
restoration Of good feeling, which could
have been accomplished by friendly aud
constitutional measures, the people Of one
Of those States are now sub lected TO the
greatest conceivable oppression, aud are
denied rights which, la the mos. express
and unAmbigaous terms, are guaranteed
hy the Constitution. And the States them
selves are practically treated as II they
were not States of the Union and as such
entigled 90 all the powers not conferred up
on the general goVeFnment-pOwers be-
long TO them by force of Ofthe Constitution
itself-the Constitution expressly provid-
ing that the powers not delegated 10 the
United States by the Constitution, nor pro-
hibited by il to the States, are reserved 10
the States respectively, or 10 the people.
Now n word or two more 10 show that the
particular measure that | have in view,
and the manner i'm which the President Is
carrying il out, are at war with the Con-
stituliOn, aud inconsistent With every idea
Of civil and political liberty. The measure
Is the act Of Congress, 10Th Of April. 1871,
called the &u-klux Law. Its title Is AN
act TO enforce the provisions Of the four
teenth amendment 20 the Constitution of
OF the u. :. and for other purposes" Ii
will be seen that the only authority assert
ed for this law Is the fourtoenth amend
ment 0fthe meaning Of that amendment
shall hereafter speak. But let me first
show you what the provision in the Law Is
which ID now being enforSed by the Prcsi-
dent In certain portions Of South Carolina.
Amer giving TO individuals whose rights
under the fourteenth amendment may be
violated O civil action against the wrong
doer for the recovery OF damages, and
making such wrong doer liable 10 n erimi-
nal prosecution, il provides that in certain
cases mentioned In the section the alleged
offenses shall beemed rebellion against
the United States" and during the eIis-
tance Of such supposed rebellion, and with
in the limits where 10 may exist, ''the Pres
ident. when In bis judgement the public
safety shall require it, is authorized TO
suspend the privileges Of the writ Of habeas
corpus, 10 the end that such rebellion may
be overshroWn." IL will be seen from the
title Of the act that the only warrant assert
inference from this is that in the judge
ment Of Congress. independent OF that
amendment, no such authority could be
found. Now, this being conceded. let me
for a moment examine into the meaning OF
that part OF the fourteenth amendment re-
lied upon. By clause in the first section,
in connection with the Eflh section. Con-
Rress has assumed the power 20 pass the
at BY that part Of the first section u Is
provided that No State shall make or en-
force any law which shall abridgc the
privileges or immunitics Of citizens OF the
United States; nor shall any State deprive
any person OF life, liberty, or property,
without due process of law; nor deny 20
any person within its Jurisdiction the equal
protection Of the laws" by the fifth section,
Congress shall have power 10 enforce. By
appropriate legislation the provisions Of this
article" II will thus be seen that what is
prohibited In the portion OF the iirst section
quoted Is that mo State shalt do the acts
prohibited Before proceed TO consider
the meaning Of this section, ] call your at
the act. By the ninth section of the first
article Of the Constitution IL is declared
that the privilege OF the writ Of habeas
corpus shah not be suspended unless when
in cases Of rebellion or invasion the public
sSfety may require i" In commenting
upon this clause, Story says; 1t would
seem, rs the power Is given to Congrcs 10
suspend the writ OF hRbcas corpus in the
cases Of rebellion or invasion, that the right
TO Judge whether the eIigency had arisen
must exclusively belong 10 that body"
Now, whether this be absolutely true, and
that they cannot confer the power upon
the President, vet it is obvious that 10 do
so in n measure defeats the object Of the
prohibition, Us ii practically leaves 20 the
President 20 decide upon the existence of
the exigency. He is. in other words, 10 de-
termine MOI only whether N rebellion or an
invasion prevails, but whether the public
safety requires the suspension Of the writ
How formidable this power j., and how
dangerous TO the liberty OF the citizen It
may b0 when vested in one man, howcv-
or exalted his official position, must be OBJ
vious. Without, however. denying that
the power may be delegated 10 the Presi-
dent, one thing would seem 10 be perfectly
clear, that the privilege Of the writ cannot
be denied 20 the citizen unless there be in
fact q rebellion or an invasion aud the pub
lie safety demands the denial. Can Il for
9 moment be reasonably maintained that
the fact Of the existence Of either rebellion
or invasion is 10 depend upon the mere will
Of Congress or the will OF the President
This is also certain, that Congress, IL IL has
President, can only authorize him TO sus-
pend the writ when there Is, In the sense
Of the prohibitory clause Of the Constltu-
tion, n rebellion or an Invasion. The
meaning Of those two terms now Is what u
was when the Constitution was adopted.
Neither that clause nor any other in the
Constitution gives 10 Congress the right 20
dsfno what rebellion Is, and by such def
milton 10 make il what II il not according TO
its ordinary and wsll-understood meaning.
A different doctrine would give TO Con-
gress the power 10 escape entirely from the
prohibition. II they can declare that the
acts specified In the third section OF the
statute constitute "a rebellion against the
government Of the United States. there is
no limit 10 their power to defeat
the obvious design Of the clause. l have
not time 10 quote the acts specified In the
sections referred TO, but many of them are
clearly not within the meaning OF the term
rebellion ~ used In the constitution. Re-
bellion, Ia the sense of the Constitution,
means reyolt, rising, insurrectlon, or, in
other words, insurrection against lawful
authority. Now, there j. not the least evl-
dence TO show-certainly none has been
laid before the country-thAt there was any
insurrection Of revolt against the authority
Of the general or State government in South
Carolina. Outrages have, perhaps, been
PEI petrAtod upon individuals in the
State, As they have been and will
be upon individuals in every State. For
their redress the laws Of the State and OF
United States afford n remedy. This very
statute gives such a remedy 70 the parties
who may be agr.eyed, and subjects the Of
fender 70 a criminal prosecution. There IS
not emily nothing 10 show that the State
on,,~4a nT ho ITpttaI States have mt fhe