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

The speech recently delivered hy
Ilevsriy JohpepD lannpi o lno rlnse'
ly ponderi over IL speaks truthA
which cannot be gainsaid. and Is -
sound in it.. reasoning. thai We repro
duce il here. in order 10 convince the
republican, readers of the REPORTER
Of the great usurpations prictisei 10y
pFes!iltpi iuut. Says Mr., lohnson
Thrru /. one confederation. however. al
"A general nature which should persuade
the people that the party in power. lcgis'
lativr aud executive. have not. since the
Termination oithc NAr. wisely Adminl.tcr~si
the government TIE war ended Ia April,
1915. Since then nn body OF men. nor. ~
far ns / Anas. any individual man. ha.
rniscd I'll, arm against the authority "f the
United States The Judiciary at llc nlted
States an, Rti.n,! a N,ptn FrlilsI-lsd 20 each
ortAc Statcs shicl he'd bUcb Ia rebellion.
and they have ever since administered
their functions. not only without rcais'
lance, but without the 'how rcsistAner.
All the forts ia thv-r Slnics have re-
eminent Oar commercial marine visit
every southern port without opposition.
aud l. ~ safc there ~ ~ any II the other
ports II the country. The Laws ofthc l nj
Tod SIale. hAso bsha EdnigistcTcd without
opposition, and the gohptaI Acknowledge
ment of tlte authority 80 the United State,
and Of the duty uf allegiance has every
whore prevailed. Each uf those Statcs l.
now represented in both branches og Con.
gress Zach has IT, governor, Legislature.
and judiciary, and has enacted aud admin
tered ii. oNn iaws, recognizing throughout
the pncalii,hipG sRtbuugy ~ lne phlon.
NotIiIh,taEdlngA all his they arauow sub.
jectcd. not only 90 oppressive laws. bui to
laws which ! think are In direct conflict
with the Constitution 0f the United
State, and in their nature dcstruc-
tive tn the liberties of the people. 80 Ear
from thu. conduct having brought about n
restoration af good ;nhlirg Nhiqh cOald
haFc Lccl accomplished hy friendly ana
tonttiiuiiolai measure. the people OF one
Of those States are NOW subjected 20 the
greatest ppnCeYAhle oppression, and arg
acnied right. which. Ia Tie mosi express
and unAmbiguous terms, are guaranteed
hy the Constitution Aud the States them
selves are practically treated ~ II they
were not State. OF the Union and as such
entitled 10 all the powers not conferred up
ON the general government-powers be-
long Go them hy force uf Of the Constitution
itself--the Constitution expressly provid-
ilR tLRt ,.lhs p0Yers not delegated 20 the
tnhtl Slat3s by tie GOgstilllIjli' llor pro-
hibited by Il 10 the State. are reserved 10
the StSics respectively, or b. the pcolie. .
Now a word ar two more to ,how that the
particular measure that j have In view,
aud the mnnner in which the President i,
"a - rsastgl h.
stitutinn, aud inconsistent with every idea
of civil and political liberty. The measure
il the Aet al Ignaress, aNh VI ApT,, lsIl
called the Au-kiuA Law. it, thlo ~ IAN
act tn enforce the provisions Of The four!
tecnih amendment To- the Constitution OF
OF the T.. =. and for other purposes." IL
will be seen that the only authority assert.
cd for this law is the fourteenth amend
ment OF the meaning of that amendment
shall hereafter speak. But let me hra
show YOU what the provision IL The lAN i
WHICH, is pog bfipg' 'gpi|rSgi Py the Prcsi-
dent In certain portions Of South Carolina
Amer giving to Hdiyidmls whose rights
under NE fflrliien;h amcndnllnl may he
yiolstcd civil action aEAinst The wrong
dorr for the recovery Of damages. aud
making such wrong ducr liable tO n crimi-
nal prusccuiiuu, IL provides that In certain
cnscs mentioned in the section the alleged
niIcnscs shall bccmcd rebellion again,t
the Csitcd Statcs.' aud during the eIis-
teucn 4 susn sappusad reBc lion, Rhd With
IT, the limit. where u may oNist. "the Pros
ident, when in his Judgement the public
snfcty shall require IT, j. authorized ito
.uspend the privileges Of the writ Of hRbeRr
corpus. to the end that such rebellion may
be uyrrlhrown." IL will be seen from the
tit,o Of the get that tho ulllY WARRANT assert.
ed for ltistkl fGutteehlh emepdmeht The
Inference ffon this -, that W the Judge,
meht uf Cungrrss, Independent nf that
amendment. TO such authority could be-
found Now, this being conceded. let me
for u moment examine into the meaning oi
that part of the fourteenth amendment re-.
lied upon. By u clause in the first section,
in connection with the fifth section, Com
prcss has assumed the power 60 pass the
n.t. BY that part Of the first section II Is
prpyilgl That 30 stair srAll nhfkg ~ hIl:
force a.y law which shall abridge the
privilpRes or immuniiios of citizens Of the
United Staies nor shall any State deprive
any pc son Of life, liberty, or property
without due process OF NV nor deny to
any person within it Jurisdiction the equal
protection oi the laws, by the ffth section.
Congress shall have power to enforce. by
appropriate legislation the provisions Of this
article" II will thus DO seen that what is
hnotrd l. that ''nd State" shdll DO the act
prohibited. Before ! proceed to contiderI
the meaning of this section, call your at
tention to the terms Of the fourth lection of
the net. By the ninth section Of the fret
article Of the Constitution il Is declared
''that lhe pfiVileee NJ the EFll NJ hapeas
corpus shan not be sasnendel unless whfn
IN cases Of rebellion or invasion the public
S ,futy may require itF In commenting
upon this clnnsp, Story says: 1T would
seem, as the P"Ser !, given to Cdngres I"
.li.peBl lhc Erll Of habens egrpns III tbyl
sqets N rrbelll2n aF intq.'Ion, thhtthe tight
pIst exrlgsiyely belong 70 that body. |.
Sow, whether this be absolutely lrue, and
hat they cqnpot confer the power upon
he Presldent. vet il is obvious that 10 do