Worcester daily spy., 1871-03-23

Inc Boston Traveller, after quoting some of |
our yesterdays remarks about the southern |
troubles, says that we discourage present legis-
lation on the subject, because Gen. Butler has
been urging that legislation is needed now, and
Mr.. Dawes and a few others, who make it a
point to oppose him on all occasions, have said
there was no necessity for it. To act now, is to
admit that the former was right, and that his
opponents are wrong; and rather than do thar,
many who call themselves republicans, and de-
nounce these acts as outrages, are willing that
the loyal people of the south shall suffer their
great wrongs during another year. There will
be reckoning, some day, with these gentlemen
who, to avoid following the lead of the Essex
congressman, unite with the democrats, and de-
feat the legislation that is so much needed now."
We have never teen careful to agree or disa-
gree with General Butler. His opinions are of
consequence to the Traveller, which feels obliged,
for reasons of its own, to shape its course by
them; but not to us. In this case it seems to
us that he is wrong for the reason that the
measure which he advocates is not within the
powers OF congress as defined by the constitu-
9ion. The desire "to avoid following the lead of
the Essex congressman" is a motive which we
are not surprised to know has its weight with
some people; it is easily accounted for and is,
to say the least, no more culpable than the de-
termination 10 follow his lead at all hazards
and to any length But this motive is not ours.
We should rejoice to learn that Mr.. Butler or
anybody else had devised practicable and eff
cient measure by which congress in the exercise of
its constitutional powers could put stop to
these outrages and punish the authors of them
as they deserve. Such measure would have
our cordial support, whether it were called Mr..
Buffers bill Mr.. Dawes bill, or Fernando
Woods bill. Such measure is not the bill
which Mr.. Butler has introduced and has at
tempted to force upon the republicans in con-
gress by insisting upon the obligation of the
resolves of party caucus. Its formidabls list
of penalties, for acts in themselves innocent, its
complicated machinery of commissioners and
special offices and its methods Of procedure, are
better adapted for oppression than for justice.
1t would be an ugly precedent for the democrats
to avail themselves of, if they should ever have
q majority in congress.
The difficulties of the situation are two-fold.
First that, under our system of Jurisprudence,
laws, whether state or national must find the
instruments Of their administration among the
people upon whom they are to operate. They
cannot be enforced without the aid of magis-
trates, officers, witnesses and jurors, of which
the two latter are the most important and the
most difficult to find unaffected by fear or favor
1t is foc the lack of these that the laws of the
southern states, which SO far as mere legisla-
ton can do it, offer ample securities against
such crimes as the kuklux are every day perpe.
uaung, are not enforced. A law is powerless
so long as large and influential minority of the
people are opposed to its execution.
law of congress would encounter the same
difficulties, unless it provided for tribunal with
arbitrary powers dispensing with the ordinary
safeguards against oppression and injustice
which the constitution of every state as well as
of the nation guarantees to all who are accused of
crime. Secondly, the powers of congress are
strictly defined in the constitution, and the
power to preserve order and punish offences
against persons and property in the several
states is not among them. 1t is among the
nghts reserved to the states, and always exer-
cisco oy them. At this juneture this may seem
@n unfortunate restriction, but it exists, and we
must make the best of it. These states stand
~ 'he same relation TO the Union as does Mas
e@euuSet's' and whatever congress NAV constj-
tu''ohaiy 90 in relation TO South Carolina :,
may DO Tor Massachusetts, or Iowa
Our form of government has disadyor..a...
among It's many excellencies, and tbe I;,n,sos
authority of the general government mo-, ~
pear TO be sometimes among the foymer a,,d
sometimes one of the latter. There are laws
now in force by virtue of which the president
may aid the local authorities in suppressino dis.
orders aud combinations too formidable for the
powers of the state to cope with. This the presi-
dent has done in some cases, and is always
ready to do when the occasion arises There are
also laws giving the courts of the United
states jurisdiction of certain offences
against the rights Of citizens of the
United States. These laws, though per.
maps inadequate, are Of some value 1t may be
tnAt congress, in enacting them, has not reached
TUE unit Of its constitutional powers. There
are those who think it has exceeded that limit.
II can DO anything more without passing the
boundaries which the constitution nrescribes
no one would rejoice more than we 10 see an
effective law passed and enforced. hp, 1, ,s
neither the duty of congress, nor has II a riolt
10 disregard these boundaries. The conse.