The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-03-23

But1er's ssIku klux Bill"
This outrageous and malignant bill is
thus viewed from Republican stand
point:
The Eoening Post, of New York, edit
ed by Mr.. w. G. Bryant. is one of the
most thoughtful of Republican journals.
1T makes an earnest protest to it's party
not only against this attempted outrage,
but an appeal OH behalf of our imperiled
aud stricken lnnd, whose very existence
is threatened with continued despotism
and wrong.
Speaking of the mis-called Ku Klux
bill of General Butler, it says: IA long
list of offences against the United States
is created by the bill, classed as misde
meanors, high misdemeanors, felonies,
and capital felonies; thus, to be found
on the public highway, or near house,
even 'unarmed' and alone or with
others. with intent to terrify' any per
sons, $50 as to hinder them from the
is high misderneanor in the day time
and felony at night, and the fuct Of q
disguise or of "a concert with others for
whatever purpose, is made primd facie
evidence Of the guilty intent A ped
dler found on Christmas eve, dressed as
Kriss Kringe, on the road, is thus made
linble to fine of not less than So, 900
and imprisonment for not less than five
years.
'Why not re.enact the old Norman
curfew law at once?
eff any person shall be one Of O crowd
at night, however large. and whatever
part may have been taken by each,
which shall contain any person who shall
threaten to assault any person, each
and every member of the crowd shall be
guilty o: felony and punishable in the
same way. Bot if any membor Of the
man is killed or dwelling house burned.
then each and every member of it shall
be guilty of capital felony. and shall
be hanged by the neck until be is dead. ,
''The laws Of Draco, it will be seen,
never approached this in atrocity; for
even Draco never proposed to kill any
person not guilty Of any offence, or to
make constructive guilt out of circum-
stances which might easily be consistent
with innocence. Many of the crimes Set
down III this bill would be the natural
consequence of u peaceuble citizens eff
fort t. keep the peace and to protect
himself or his neighbors from trouble.
The attempt to enforce such o law as this
would make u Mexico Of our country ut
once.
.But the fundamenta objection to the
bill is independent Of the cruelty of it's
penalties, Of its loose and indiscriminnte
definitions of crime, and of the bound
less and irresistible power for persecu.
ton it puts into the hands of few hun
dreds of men, and is moro decisive
against it even than these. The bill
would repeal the Constitution of the
United States and revolulionize our
whole system Of government.
''In the first place, it is piece Of spe-
cial legislation, snbj"cting eleven States
to system of criminal jurisdiction en-
tirely different from any that exists, or
would be tolerated, in the other States
It makes that crime in South Carolina
which is no crime in New York. It
makes certain offences punishable by u
different tribunal. and with incompnra-
bly, greater severity in Louisiana than in
Massachusetts. Congress hns no more
power to do this than it has to nuke diff.
ferent aets of customs or tax laws for diff
ferent States.
''Bnt again, the whole subject is one
over which Congress has no jurisdiction.
There is not line in the Constitution
to authorize the General Government to
maintain civil order III the States. The
State authorities mny, indeed, call on
the President to aid them in suppressing
insurrection. But when he gives this
aid, be acts simply as &C auxiliary tc :ho
municipal executive, aud in support of
the municipal laws. The Supreme Court
of the United States has maintained this
limit of national authority from the be-
ginning. It says: "All those powers
which relate to merely municipal legisla-
tion, or which may properly be called
internal police, are not surrendered (by
the Stutes) or restrained, and conse-
qnently in relation to these the autho-
rity of State is complete, unqualified
and exclusive. III Peters Reports, 1O2.
''1f such an Act were passed, tending
to interfere with civil order, to disturb
the authorities of the peace, establishing
Commissioners in every County who
wrest his prisoners from the sheriff and
stop his process, what would be the duty
Of the State officers? Plainly to resist
8 lch men at oil hazards. We're it ut.
tempted in Now York or Massachusetts,,