Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1871-04-08
A Republican Against Centraliza-


ton.
The venerable William Cullen BRYANT.
Of the New York Post, enters his protest
against the bill introduced by Butler to
place the police regulations 10 the South.
ern States under Federal authority, iu the
following strong terms:
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 offence, or to make construc.
tive guilt out Of circumstances which might
easily be consistent with innocence.
Many Of the crimes set down 10 this bill
would be the natural consequence of q
peaceable citizens effort to keep the peace.
and to protect himself aud his ueighbors
from trouble. The attempts to enforce
such law as this would make q Mexico
Of our country at once.
But the fundamental objection to the
bill is Independent Of the cruelty of its
penalties, Of its loose and indiscriminate
definitions Of crime, and Of the boundless
and irresistible power for persecution it
puts into the hands of few hundreds of
men, and is more decisive against it even
than these. The bill would repeal the
Constitution Of the United States, and rev.
oIusionize our whole system Of Govern.
ment.
In the first place it is a piece Of special
legislation, subjectiDg eleven States to .
system of criminal jurisdiction entirely
different from any that exists or would be
tolerated in other States. It makes that
crime in South Carolina which is no crime
in New York. It makes certain offenses
punished by different tribunal, and with
iucomparably greater severity 10 Louisiana
than in Massachusetts,. Congress has no
more power to do this than it has to make
different sets of customs or tax laws fur
different States.
But 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 in the States. The
State authorities may, indeed, call on the
President to aid them in supprcssing in.
surrcction. But when he gives this aid,
he acts simply as an auxiliary to the Mu.
nicipal Executive, and in support of the
municipal laws. The Supreme Court Of
the United States has maintained this
limit Of national authority from the be-
ginning. 1t says: "All those powers
which relate to merely municipal legisla.
ton, or which may properly be called in.
ternal police, ore not surrendered (by the
States) or restrained, and consequently in
relation to the authority Of State is com.
plete, unqualified aud exclusive" I'll
Peters Reports, 1927
If such an Act we're passed, tending to
interfere with civil order, to disturb the
authorities Of the peace, establishing
commissioner" 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
such men at all hazards. We're it at.
tempted in New York or Massachusetts,,
the army and navy of the United States
could not enforce such q bill for an hour.
The law.abiding mind and conscience Of
every free citizen would sustain the Con.
stitution and the principles of free govern.
ment against the usurpation; and this
new rebellion against the Union, though
expressed in an act Of Congress and sus.
tanned by an Administration at Washing
ton, would be put down as resolutely as
was the last.
Let the Republican party in Congress
take warning before it is too late. The
election of yesterday 10 New Hampshire is
believed by the Democrats to indicate that
their time is coming. If this bill is passed,
it will come with the certainty of the doom
that always falls on madness in power.