The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1871-12-28
RADICAL UsuRPATioNs.

Gozeruer walker Of Virginia Protssfs
akaiast The Ceufra1iking Tsudencses and
Usnrpaticns 81 RasileaIi am - n able Doc
ument. - s
The annual message or Gov. Wa alker
sent to the general assembly Of Vir-
ginia, is one of the boldest and most
vigorous protests against the tcentral-
izing policy of the present federal adj
rninistration which has yet appeared.
Governor Walker is q Republican and
was born and educated at the North.
He was never identified with the
South, either in sentiment or action,
but lett New York and went to Vir-
he was elected two years ago, he was
and of the policy of the Republican
party. Since that time he has received
new light, as will be seen by the fol-
lowing concluding portion OF his
message: ''- i -
article of the federal constitution the
legislatures of the several States are
authorized to prescribe the times, pla-
ces and manner of holding elections
therein for cong eressionalo representa-
tiFes. but the right to make or alter
such regulations at any time1is resery-
ed to congress. For mere than three
fourths OF a century the authority thus
conferred upon the state legislatures
had been satisfactorily exercised by
them. Twenty-onei presidential and
forty-two congressional elections had
been held, some of them amid the ex-
citement and confusion of foreign
wars, or the throes of domestic revo-
luton, and yet no occasion had arisen
in the opinion of our wisest states-
men calling for, or that could justify
the assertion of the reserved rights of
congress to make or alter the regula-
tions prescribed by the states. Not
until the year 1870, period of pro.
found peace and universal prevalence
of law and order, when the federal
administration, two thirds of both
branches of congress, and three
fourths of all the state governments
were in the hands of one political
party, did the congress of the United
States attempt to interfere or regulate
the mode or manner of the election of
its own representatives. In that
clause of the federal constitution
which preseribes that "each house
shall be the judge of the election, re-
turns and qualifications of is own
members it had, therefore, found an
ample safeguard for the protection of
the rights and interests of its own
members and their constituents. The
forty first congress, however, under
took directly to control the election
not only of its own representatives,
but also the election of state officers
held at the same time, by an act ap-
proved May 81, 1871, entitled An
act to enforce the right of citizens of
the United States to vote in the sever
al States of this Union aud for other
and by an amendment
thereof, approved Februaey %, ilS7l.
oAIcHANERY OF CONGRESS- .ii5l|
The Federal Government, under the
pretence of protecting the freedom of
the ballot, strikes down the freedom
of the citizen, and under the guise of
tie action of congressman
is sought the regulation of the affairs
of the States. In towns of 10000, in
habitants, the polls may be surrounded
by horde of petty and irresponsible
officials, designated as supervisors |
of elections" and especial deputy
United States marshals, including, at
the discretion of the marshal, every
voter in the ranks of his party, all ap-
pointed by federal officials and paid
put of the federal treasury, who, upon |
any fancied or pre-arranged pretext, |
may not only arrest any citizen and 1
prevent his exercise of the right to
vote, but they may also arrest the cleo /
ion officers themselves, and thus /
break up and destroy the election ALL
,ogether. Heavy penalties are an
lounced against these officials for I
neglect of duty; but no redress or T
protection is afforded the citizen for +
h heiunlawful deprivation of his inalien-l
Ible rights. Acts which in themselves I
we're lawful under the common as
re branded as criminal and heavy /
,unishments pronounced against them
While to the long catalogue of crimes
in our laws are added
many others unknown to our or any
ONE of our most worthy citizens been
ragged FROM their homes and SUBJ
ected to great annoyance and expense :
n defending themselves against un-
ounded charges instituted under
ll6SG Id w SsA n6 Vi Dar-
isan or personal malevolence has
sually been the actuating motive for
hese prosecutions. But extraordinary
nd unprecedented as this legislation
vas, and unconstitutional as believe
to be, so far as it interferes with
tate elections, it was but the precur-1
or of aaother statute enacted by the 8.
)rty second congress, which more
1nk1 IL = al |
oses for which they were enacted.-l
his act was approved on the Goth of
lpril, 1871, and is entitled San act to
nforce the provisions of the four
zenith amendment to the constitution
the United States and for other pur- /
oses. @
WHY SUSPEND THE HABEAs CORPUS?
Can there be found in these pro-
isions any authority for the suspen-
on of that great writ of right, the &
a6eas corpus, or for the delegation 8
t the authority with which congress
one was clothed by the original con- 1
tuition? Certainly not. And yet
lat authority is vested in the Presi-
ent of the United States by the terms
{ this act, under the specious pretext $
OA1OAO1 oAO L
ent. "The privilege of the writ of :
zbeas corpus shall not be suspended, !
Mess when, in cases of rebellion or
vasion, the public safety may require
}" is the language of the federal con- !,
tuition. By the origin, nature and !,
story of this great bulwark it inter-
oses between the freedom of the I
tizen and the open or .stealthy en- 5
'oachments of tyranny were thor :
lghly understood and profoundly 3
,preciated by the trainers of the
institution. Hence the absolute pro-
bition of its suspension, except in G
le two extreme emergencies or for @
gn invasion or when rebellion raises v
self in such a formidable state and p
.oportion rs to threaten the public c
fety equally with foreign invasion. a
ut congress, without even the pre- d
nee that either of these exigencics /
I'd arisen, proceeded in the act under c
not only to resign to the /