The New York herald., 1871-10-21
y Riux mud Suspension OF th
Writ Of Habens Corpus.


| A suspension Of the writ Of habeas corpus
by the federal government in any Of the States
In time OF general peace would have been
regarded formerly as very serious matter.
Both Americans and English-all people Of
the Anglo-Saxon race-have ever carefully
guarded their civil rights as protected by the
writ of habeas corpus, and have taken alarm
at the first step to deprive them Of these rights.
The writ OF habcas corpus has been regarded
as the bnlwark Of liberty and it is this which
more than anything else led 10 the freedom
that we enjoy. But times have changed.
Our late civil war and the de-
moralizatiOn which resulted from 1t have
destroyed iu measure that watchful-
ness Of the American people over their
liberties and jealousy of the encroachment
Of arbitrary power. Now the President
of the United States suspends the writ Of
habeas corpus in q section Of our common
country and little notice of it is taken, as If
it were matter of ordinary occurrence or of
no tmportance-as II, in fact, no great priuci-
pie were involved. The proclamation of the
President, dated Washington, October IL,
1871, which was published in our issue last
Wednesday, places the counties of Spartan
burg, York, Marion, Chester, Laurens, New
bury, Fairfield, Lancaster and Chesterfield,
| South Carolina, under martial law on the
| ground that combinations and conspiracies
exist to obstruct and hinder the execution Of
the civil law, and that the federal government
is called upon to suspend the writ of habeas
corpus and to govern by military authority,
in accordance with the act of Congress passed
last April If the public mind were not so
dcmoralized and so indifferent to this exer-
else of military authority in time Of general
peace there would be o more searching in-
quiry as to the causes for or necessity Of this
extraordinary ac.ion of the government.
Fortunately, the Independent press of this
country is free to discuss the conduct of the
government and to call public attention to
this important matter. The indepen dent
PRESS as Junus said, is the palladium of our
civil and religious liberties. Let us see, then,
what foundation there was for prOclaiming
martial law and creating such dangerous
precedent for exercising arbitrary power in
Was hSC iCPuotS. AuO AOoAuCut tciio 10 III
his proclamation that combinations and con-
spiracies exist in the counties placed under
martial which cannot be reached by the civil
law, and these he calls rebeious and insur-
rectionary. By this he means what is gener-
ally known as the Ku Klux. The changes
are rung on such expressions as conspiracies,
organized and armed combinations, violence,
defiance Of the constituted authorities, aud 80
on, but there Is no evidence of rebellion or
insurrection either in the sense generally
understood or OF the constitution of the United
States. The law of Congress ON which he
bases his action may have given new inter
probation to rebellion or insurrection which
was never meant In the constitution, and he
may be acting strictly in conformity with
that. But the lawlessness of few
individuals which at most only extends TO a
sort of lynch law in Furnishing obnoxious per-
sons or those who are guilty Of crimes, cannot
be construed into rebellion against the govern
ment. In fact, there has been no such rebellion
or nsurrection. Nor have the proper const-
tuted local authorities called upon the federal
government to suspend the civil law, as is
required by the constitution.
Governor Scott. of South Carolina, when
asked less than three weeks ago If he were
opposed to martial law, replied, ''Most unequi-
vocally / am, aud those men who are 80
clamorous for martial law are pursuing
mistaken policy" He said, moreover, that he
had no idea General Grant would declare
martial law, that he (the Governor) was not in
favor Of 1t, and that he thought the civil law
was more efficient. What better authority
does the administration want than the Governor
of the State, who is one Of its own partisans?
Then the State is under radical government,
and most of tae authorities in 1t are opposed
to martial law. The clamor for such an arbitrary
measure comes from only few reckless and
corrupt dsorganiz;rs and aspirants for office;
from men who have little interest at stake in
the State beyond what they can make out of
the offices or the disruption of civil govern
ment. No doubt there have been deplorable
ou,rages upon individuals by local bands,
and probably the Civil Rights bill of Congress
may have been violated in some cases. No
good citizen would attempt to justify these
But such crimes are not peculiar to South
Carolina. Crimes as bad or more hcinous
are committed in all the States, and IL would
be easy enough to attribute them to Ku Klux
If it should suit the federal government TO do
50 for political ends. Indeed, there might be
no limit to federal interference in the local
affairs Of the several States, or even in this
city Of New York, If the proclamation Of
martial law is to follow the commission of
similar crimes as those perpetrated in South
Carolina. Should the clamor OF few partisan
politicians be needed more than the principles
| Of local selt-2overnment. upon which the