The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1871-05-03
THE FORCE ACT.
A Direct Blow at the Supremacy
of the Constitution.

In passiong the statute popularity
known as the Ku-Klux bill, Congress
has confessedly entered upon q new
field of legislation, in that it, has as
sumed for the first time to take cog
nizauce of and provide for the punish
ment Of acts of violence to the per
sons and property of private citizens.
The bill is artfully drawn and its pur-
pose is vailed in language purposely
vague and verbose; but still its de-
| sign is plain. 1t means that persons
guilty of homicide. robbery, arson,
mayhem, assaults and the like, NAV
be brought within the jurisdiction OF
United States courts and be punished
by United States authorities. It
means this or nothing. We are >fa-
miliar with its historical origin, with
the avuwed purpose of its authors,
and with their diligent care to conceal
and yet to accomplish their end by
the tricks of language. . In .thetlight
of these facts, il is our design to ex.
anime into the validity of this statute.
Before proceeding to. discuss the
central idea of the whole legislation,
and the essential features in which
this idea has been expressed, we must
dispose of certain other portions which
are rather auxiliary than necessary
The first section il practically of no
Importance. It is logically the state.
ment of truism. Il substantially
enacts that whoever violates the Con.
stitution shall be amenabls TO certain
penalties; but it does not descend to
particulars and describe the acts and
default which shall constitute such
violation. If the statute consisted only
of this section, it would be equally
harmless and valueless. The second
section contains two different provis
ions relating to different subject mat
tiers, and depending upon different
principles, although they are gram
m~atically united in one sentence. The
first declare that enumerated acts oil
resistance and hostility to the authori'
ty of the United States, to its laws,
and to its means and measures of ad.
ministrafiou, shah be crimes, and that
] the offenders shall be liable to indict.
ment, trial and punishment in the ma.
tional courts. This. clause is, beyond
all question, valid and proper. It is
to be ranged in the same class with
the statute which makes it an ohense
to obstruct the transportation OF the
mail. 1t has never been doubted that.
so far as Congress may legislate, ii
may enforce its laws and protect the
officers Of the Government in theirad-
ministration by penal enactments.
Although the statute under consid.
Grafton is entitled IAN act to carry int
effect and to enforce the 14th amend.
ment, to the Constitution the third
section must be partially and the
fourth section wholly referred 10 other
portions of that instrument. We
here collect all the constitutional pro-
visions to which they can by possibili
ty relate, and which a by possibility
be considered as their foundation
Congress shall have power to pro-
vide for the calling forth the militia to
execute the laws of the Union, sup,
press instructions, and repel inva-
sions." Cart. l, sec. 7; S f5.) "The
United States shall protect each of
the States against invasion, on -ap-
plication of the Executive when
the Legislature can not be convened,
against domestic violence CART. ~,
sec. A.. "The privilege of the writ
of habeas corpus shall not be suspend
ed unless when in cases of rebellion or
invasion the public safety may require
it" CART. l., sec. $50. The third
section under review enables the Pres
dent, under circumstances therein de-
scribed, in ease of "insurrections, do.
nestle violence, unlawful combina-
tons, or conspiracies in a State" which
are to be directed against the authori-
ty of that State, to suppress the same
by the military or otherwise, as he
may deem proper. For all this there
is no support in the clause above quo
ted from the eighth section of Art. I.
That clause provides in terms for en-
forcing laws Of the United States by
the militia, this statute provides for
the enforcement of State laws by the
military under the direction of the
President; the instructions spoken of
in the clause are, from the context
and from the express provision found
in Article ", plainly to be those
against the United States, while this
statute purports to arm the President
with power, on his own motion, to
suppress instructions against q State.
But there is adificulty of far great
er magnitude-a violation of the fund
amental law far palmer and more dan.
gerous. The third section enables the
President to suppress not only "insur'
rections," but domestic violence, un-
lawful combinations, aud conspiracies"
by means of the military. These lat
ter terms were not inserted without q
design. They describe something less
than instructions; they descend in
magnitude and criminality until they
end in c~onspiracies, which perhaps
may be attended by no overt act, no
outbreak of violence. While, there
fore, the Constitution only permits a
calling out Of the militia to suppress
instructions, which re.sin fact, in
cipient wars, Congress has gone to the
length of empowering the President
TO use the military il time of peace III
putting down mere domestic violence
and in breaking up conspiraeies. II is
plain that this section of the statute
finds no warrant in the clause quoted
from the first article in the Constitu-
ton, although it is probable that the
ingenious author of the bill artfully
choose his language, so as to make 1t
appear, by the nse of the word Gin
surrections," that there was a solid ba-
sis of validity for his proposed ena t.
ment. Nor can this section be rested
nnon the fourth article of the COnsti-