The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1871-11-18

4
| since administered their functions, not only
! without resistance, but without the show Of
resistance. All the forts in these States
! have remained in the quiet possession of
the Government. Our commercial marine
! visits every Southern port without opposi.
| tion, and is as safe there as in any OF the
| other ports of the country. The laws of
the United States have been administered
without opposition, and the general acknow.
Judgement of the authority Of the United
States and of the dity Of allegiance has
| everywhere prevailed. Each of those States
| Is now represented in both branches Of
| Congress. Each has It's Governor, Legis.
latire, and Judiciary, aud has enacted and
administered its own laws, recognizing
throughout the paramount authority Of the
Union. Notwithstanding all this they are
now subjected not only to oppressive laws
but to laws which think are in direct con.
dict with the Constitution of tho United
States, and in their nature obstructive to
the liberties Of the people
| SO far from this conduct having brought
about restoration of good feeling, which
could have been accomplished by friendly
and constitutional measures, the people of
one OF those States are now subjected to
the greatest conceivable oppression, and
are denied rights which, in the most express
and unambiguous terms, are guaranteed by
the Constitution. And the States theInsei.
YES are practically treated as If they were
not States OF the Union, and as such enti
titled to oil the powers not conferred upon
the General Government-powers which
belong to them by force Of the Constitution
itself-the Constitution expressly providing
that the powers not delegated to the
United States by the Constitution, nor
prohibited by i. to the States, are reserved
to the States respectively, or to the
people" Now word or two more to
show that the particular measure that have
In view, and the manner in which the Presi.
dent IS carrying il out, are at war with the
CONSTITUTION, and inconsistent with every
idea ot civil and political liberty. The
measure IS the act Of Congress, Goth of
Aprli, 1911 called the Ku.klux law. Its
utie is an act to enforce the provisions of
tne fourteenth amendment to the Constitu.
uon OF the United States, and for other
purposes" 1t will be seen that the only
authority asserted for this law is the four
teenth amendment. Let me show Won
what the provision in the law is which Is
now being enforced By the President in
certain portions of South Carolina. After
giving 10 individuals who,e rights under
1 the fourteenth amendment may be Violated
a civil action against the wrong doer for
the recovery of damages, and making such
wrong'doer liable to criminal prosecu.
ton, It provides that in certain cases men
toned 10 the section, the alleged offences
. shall be deemed rebellion against the
United States, and during the existence
OF such supposed rebellion, aud within the
nmi's where 1t may exist. ''the President,
when III his Judgement the public safety
snail require 1t, is authorized ito suspend
the privileges of the writ of habeas corpus,
70 Tue end that such rebellion may be over.
IL wiii be seen from the title of the act
mat the only warrant asserted for il is the
fourteenth amendment. The inference from
this is, that In the judgment of Congress,
independent of that amendment, no such
authority could be found. Now, this being
coh0eueu, let me for a moment examine
INTO the meaning of that part of the four
.een'h amendment relied upon. BY clause
W n tue hrst section, in connection with the
hlea section, Congress has assumed the
| power TO pass the act BY that part of the
nrsi section 1t is provided that ''no State
shaii make or enforce any law which shall
aoriuBe the privfle ,es or immunities of cit
Iehs OF the United States: nor shall any
ola.e deprive any person Of life, liberty, or
property without due process of law nor
deny TO any person within its jurisdiction
me equal protection Of the laws" BY the
MIN section Congress shall have power
10 enforce, by appropriate legislation, the
provisions Of thi. article"
| IL VIII thus be seen that what is prohib-
ited III the portion of the first section quo
tea IS that mo State" shall do the acts pro.
hibited. ~ -
The effect Of the suspension of the writ
OF haoeds corpus and the declaration Of mar.
| tai law Is to place the State and its citizens
without any security, constitutional or
otherwise. For. as was correctly stated BY
the Duke OF Wellington. martial law is no
law at all. " 1t is the mere will Of the com.
mander, and during its continuance is an
unmlxed despotism. Can the people of
the United States be so blind and so forget.
ful oil The dnties which they owe to the men
VINO achieved our freedom as any longer to
permit continuance in power of the party
by which such law has been passed and
Is being enforced? 1t has been said by an
Englishman that our people are more in.
diherent to the importance and value of
the writ OF hd5eas corpus than his country
men, for ours did not, as his did. obtain it
by force, in other words, fight for it.
The rights secured by our Constitution
are, IN substance. but transcript Of the
constitutional rights Of England, and espe
cially IS that the case with regard to the
writ of fhabeds corpus. Many ofthese rights
are included in England's great Charter,
which was obtained. sword in hand, from !
hing John; and our constitutional provis |
n ral lulta ~. ha =. |
taken, almost in words, from the hdbeas |
corpus act of Charles the Second. feel |
satisfied that if such law as the one have
examined, and such an execution Of il as is |
now going on in South Carolina. was passed |
by the English Parliament, and was so en-
forced by the Government, the people of |
that country would, with one voice, drive
from power all the parties concerned in it.
Are Americans less devoted to liberty
than the subjects OF her Majesty? Can We,
who oifen boast, and heretofore with truth.
that we are amongst the freest, if not the
treest people on earth, submit to such leg
isia'ion, or will We not, when the proper
time comes to speak through the ballot
box, with one voice discard from power
those who have abused and are abusing the
most sacred provisions OF our Constitution
and the dearest rights of freemen Is not
the right which Is now being denied in
South Carolina one of the most vital to
political and civil freedom? Does liberty
exist anywhere whore such a right is de
nied2 1t must be very clear to the COM
prehension Of any rejecting man that il
cannot. In the words of Blackstone, him.
self the advocate of strong governments
and the warm and able supporter of the
prerogatives Of the Crown, in referring to
the value OF the writ, eff Il were once left
in the power Of any. the highest magistrate
to imprison arbitrarily whomever he or his
officers thought proper, las in France il is
daily practiced by the Grown, there would |
soon be an end Of all other rights and i'm.