The Centre reporter. [volume] (Centre Hall, Pa.) 1871-1940, 1871-12-15

HOW NNillnNhlN AiAA ltNWFF ~ NMA NhN
danguruu, tu lhv liberty uf the titiGrn u
may hr whon V,rtvd la ohs man, hnWev,
ct exalted hi, ugliciRl l.,'sitiun, muat br ob-
t,,,us. Mtthuui however. denying that
the tpiN er may Ice delegated 10 the PFrsl-
drut ana Thug would sevH 10 bc perfectly
viosr that lhp privilege "t the writ cannot
bv d-uird Ia the viI.zsn unlcss there bc in
fact rebellion 80 Rh lnN Astob and the pub
iir -afctN demands the denial. Can it for
a ni.,nout bu reasonably maintained lhHI
the fact ~ the existence at v,thvr rebellion
ur inNasian /. tn duprnd upah the mere will
ol tunErr.s az lhr will ui the Precedent
Ihis IL Al.a certain, that GnnRTrts. VI u hat
the authority In delegate thr pa1 rr tu the
President ynn "nlA auih"riEr hin. I" 'ns-
p,Hd tho NFlt hrn there b., va the sense
at the pfuhlbilury vlAure ut lhe Cun'iiiu'
li0n, a rebellion or An Invasion. The
meaning of those two terms noN is hat Il
wac when the Constitution Shs adopted.
Neither that clnuse nor any other IA the
Constitution gives a. tunETess the riEhi tu
define what rebellion b, aud by such drH'
hiItun tO make u what it l. hut according 10
iIs ordinary and well-undrrs,oud meaning.
A different doctrine would give :" Con
Kru., the poser Ia esrapc entirely FROM the
pr,hihitiun. II they can devlALs that the
act, .pvcilcd ia the third section VI the
statute constitute "a rebellion against the
/ government " the United StatSs " there 10
na limit Ia their power 20 defeat
th" Obvious de.igh uf the rlHus~. have
nut time Ia quote the acts specified Va the
SECTIONS referred tu, bat many ~ them are
I clearly nui within tbs meaning Of the trrni
rubUlllun ". uEed ia tie constitution. kr-
bcllion, IN the sense Of the Consututioh,
means revolt, FisinR. ihsuFrection, ur, w.
other wuTds, insurreetian against lawful
authority. Nov. there ls na the least evil
deuce "a shoS-crrtAiAly none haA been
laid before the c0untFy-thst there SAs any
Iin.uFTreil"n Of revolt agaiHsl thp authority
IT ihv general ut Stale tfeTnntni ~ South
/ CaFuliha OuiFsEes have. perhaps, bern
/ pet petTAtgd upon individuals IA the
state, ~ they have been aud Nlll
be up"n individuals In every state, For
II ihrir redress the lsws of thc State and vi
1 United States afford remedy. The Nery
statute gives such "a remedy w. the parties
whn may bc agr.esrd and subjects the Of
fcndrr - N criminal pFoseolIlion. There is
not .nly nothing TO shos that the State
couTts of the United States have not the
.oWcr o. enforce these remedies. but, on
the contrary. Ho process uf ritheT Of ihvss
courts has been resisted by Arlus, oT resisted
At all Indeed, Ne j. new sesH. there has
harn ~ diiiifulgY W making AFfEfl'. 30
far fram lheis being interference BY force
With this authority, the statement 10 that
hundreds ARE dying from the Stale tn avoid
Ihr illegal captures which are nov making.
aud the imprisonment consequent tbcF~up-
Iun-Hh imprisonment froni Shich they
eAHnoI he relrA.ed by virtue Ot any legal
remedy. The arrests are made without
any warrant coming from any judicial of
hcer known to the constitution. and the
prsensT 10 ppt ilf4Imgl ~ The eAase OF bis
arrctl. is nul Afforded the security which
the Constitution provides of o prescntmrHt
OF indictment of Grand jury, but he 10
i ,ubI IerIrd entirely o. the will aud plSaFuFr
II the President aud his oticsis.
Aud one thing more would seem tu BE-
y perfectly evident. that Ia authorize the
h Presidrnt to1ntoTfrFe by force IN ANY Of
the States, another prusitiun ui the Cohsti.
tuition must be compli-d ~ith. The m~in-
bcrs ot the convention by whom u SAs
framed. aud the member VI The svverAl
State cOnN cations by which ii WRs adopted.
were most sulliCitous ta r1cmptStAtCsfrOn
Ithr power of tho l. Enit~d States ih all cAsrs
ever which the StAts~ had IuFisdictiun.
I They were, therefore rHFrfpl lo prohibit
tbe guEetHlatut vFlhe pH'tvd pgayes FROM
interfering by force bf artfis With ghe legal
Jurisdiction vi the States, aud permitted
is only IA one condition Of thinEs-Ihs ga
listencu ot inYasion or domestic VioleAcs.
The language Of the provision is that the
United StAtes "shAli protect each Uf them
ltIhr ~tAtesl against Invasion, aud. ON Ap-
plipagiun af ihs l.rgl'lalats, W Ut lhs IA
vrutivs when tile Legislature cannot Le
cauNrnrdl. RgAIhst dumcstlc violence.
+ Under Ihts latter authority, CangTrss pa,t-
ri The act oi 18th fcbuAry. 1885, by which
Il is provided tthe restriction of the Goa
-ttutiOn being rrseryrdl that Ia cass of an
iHsuFrsctivn IA any state RgainAi the gov
uFumrnl thereof IL ,hall be lawful for the
President, when called epon By ghe State
Legislature. Nhrn in so>sloH, az by the eH-
ocuIivs during the recess {" vsr .gsh
lors. " W. siAg qetin NfseJlsfy l1tApp=tv'
i the mfOFrrCtluu.' The ttAtrrhith ut h0 wcrr
careful tu Observe all kha Limitations uu
the l,..wcr, of the general government, aud
not 10 interfere with any of the Isowrrs be-
longing tu the Staica. In p4sslnE the act
under which the President u now pforsrd-
lng Ia South CArolinH this constitutional
I SECURITY afforded the States 81 nnt having
t1r armed power of the general EuYrTh-
aruI so suppress domestic ,ioleucp gilAip
~ ,r-ir, rgk.; sfp'ls4 lsai Vi lhs 5'Ty'sTn'
4 Cuurrr.' la the aFst place. by tho sct, de-
cid,,s iur itsrlt when The force uf the Unit
ted States 10 60 be used. aud the President
Il. o. decide faE himself whether 10 10 Ia be-
u.r or not lie may. therefore. use H.
aud CouRcrss may Authorizs him TO utg is.
not only without thc request OI the state,
but against ia protest Can any one fail
tu,re tha, this !, not only Nig,allpg m
"a. l4,l,s,IuL. uuI e.sgtily' scrVss 10
mAeV tie VHltsd stalss a c0nspl plidAied si'd
iceutrAliEcd government and, if fAcquisCcd
in BY the people, ~ill vest in CongrrsS aud
the President every political power, aud
thus defeat the. .der Jared purpupr Of the com
stilutiun, and sooner ar later be- fatal to lib
crty it,eif7 IL seems 10 me incumprshvn
.ible that Congrsss 1hoHla hste sApPilied
ltLsy psa SughhtfS tf laSs III lAw u qars..
I ion under tho Lfth section ofIho fourteenth
amendment. That, certainly. does not. IN
express ~Ords, give such power, aud j
7 think IL may De considered ~ certain hAt
II it had. in terms, given IL, the amend
mrht never would have BEEN ratified.
! The words used are, "ConRrrss shah have
puWot % rplJ1yt, ey AupI0prsAgs leEbfktl"h
! the prJtmiunA " This Artlcla' Gan u b.
maintained that the means W hiCh Congress
/ u authorized 20 adopt are 10 be any every
/ means without any constitutional rrstrie
I uun7 tnnKftf, ludpT ihit pTaytsiul,, gAn,
/ Il /. true, lcgi,lair, but can thVy lrElslAis
/ in utter disregard OF every CONSTITUTIONS
| limitation upon IL powerl This can hare
! ly be pretended. Indeed. the prvvi,ion
clothes Congress with no power which u
would not have possessed without u but
this power. whether implied or granted 10 10
be taken in Eubordination TO the express
4 limitations upon its authority, and these
sts IkttAS ssislttt.rt JEtssSsSSL ESS ES.s s's: II:
| guaranteed rights Of the citizens are not
10 bc violated and - one of the securities
Of thc,e rights that the privilege at the
writ Of habehs corpus IL not TO be denied to
/ him in time of peace aud when there 10 n0
armed resistance on his part. In conjunc-
ton with others and In biz State, which,
| in view cf The CoptiinilqH ,aAiaHHts .la II
bbfllhu ~ IfiSpfrgolitnf, anu fhe rfnhl " safe
1 is rhqhires 10 bd suppressed BY force of
!. arms The effect OF the suspensloV of the
writ Of hhbcas corpus and declaration Uf
martial law Is Ia place the StateAnd its citi-
zens without any security. constitut ional
or otherwise For, as was correctly state
ed by the Duke Of Wellington, .,..ttial
! My !. ,,a Law tHit.V II hShs metz will
| lbfthe eoninm ndet and during III rontin-
hhhct Is at' dnfhi 1 cd despotism. Can the
people 0fthu United States be ~ blind
/ aud so fJrgctlnl ofthe dplles Yhieh they
EG-S ~ lhu ineh wh1 achieved oar FREEDOM
~ any longer a. permit "a continuance IT,
power of the party by which such n law
| has been enforced. IL has been said by MI
/ EnglishmAn that our people are more in-
different 20 the importance aud value Of
the writ of hshcss ggrRns ARg ,h'' "ouhtry-
nen, hir ours did not, ~ hh ala, obtain IL
| by force in other words. gght for Il.
/ The rights secured by oar Constitution are
ia substance, but ~ transcript of the consti-
tutionHl rights oi England, and especially
is that the raAe with regard to the wdt u
!" h.Gs"; sss,sSJg ,sGJg 81. SS or.
iaihtd, twdrdlh hand from King John
ana daF dhlGiIUiluBal pravjsipn lI FrlAtIon
t0 the viii in question 10 taken Almupt In
words from haboas CORPUS a.t. of Char.