The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1871-05-10


rode up to the cars, and one OF them
assailed this negro mail carrier.
This was about the Goth of January
last. What action was taken in the
premises? During the month of Jan
uary none. The fact was known at
Washington, was known to the Pres
sdent, was known to the Postmaster
General, was known to the Presidents g
Cabinet. Yet January passed, Feb
ruary passed, and not until nearly the
middle of the month of March were
the mails withdrawn on tt route from
Lexington to Louisville. And on
that late day, ,altnough no new offence
had been committed, by the order of
the Postmaster Generl the mail was
stopped. Why? 1t has been deter
mined to irritate the people of that
State into some act of indiscretion.
But although trlde suffered and bust
ness was embarrassed, the people bore
the wrong with patience.
In this connection let me ask anoth-
er question: Why is it that Ken
lucky, and not Ohio or Illinois or
Pennsylvania, was selected as the place
where negro route agent should be
appointed? Will not the people be-
lieve that it was intended as an aggra
vation to the people of that State?-
/ denounce the act of the man who
assaulted tie mail carrier, but 1 think
that every honest man within the
sound of my voice must believe that
the appointment of that negro mail
carrier was premeditated means to
create disturbance. Sir, we have seen
that the Judgment of a majority ofthe
Republicans of this House wss against
legislation on this subject until facts
could be obtained which would justify
il; and if the charges against the
South were found to be false then not
to legislate at all. The question now
is, whether Congress is CO. ordinate
branch of the Government; whether
the Legislature is an Independent
branch of this Government, OF whether
we are living under the domination of
monarch who issues his edicts which
we have to obey.
I have no time to 60 through this
bill section by section, and only pro-
pose to glance at the third or fourth
sections and of the articles of the Con
stitution under which it is claimed to
be framed. -.-..
The third section of this bill pro-
poses to invest the President of the
United States with discretionary pow
er, without any check of any kind,
either Stale or Federal, to determine
under what circumstances be shall
employ the Army, the Navy, the mi
litia, or use any other means to sus-
pend the laws of the State, to abolish
its courts and establish military COM
missions in their stead. What, sir,
is military commission ? 1t is tri-
bunal which may try, convict, and ex-
ecute man within the same hour; it
has absolute control over life, liberty
and property. And you propose by
this bill to confer upon one man the
power to abolish your courts, not on
ly in the South, but in every State of
the North and West, at his own dis
cretion, by his own unrestrained will,
without any official information from
any State as to what may be its inter
nal condition!
/ Now, sir, I deny that there is in
the fourteenth article of amendments
to the Constitution of the United
States any power conferred which au-
thorizes the President to use the Ar
my, Navy and the militia against the
people of a State without having been
fl. st called upon by the Legislature,
or the Government of that State, there
being 10 time to convene the Legisla-
,ture. The fourteenth article OF
amendment, under which it is claimed
by the advocates of this bill that this
power is given, is as follows
."No State shall make or enforce any Law
which shall abridge the privilegesor immn-
mites of citizens of the United States; nor
shall any State deprive any person of life,
liberty, or property, without the process OF
law'
Is there any power conferred there,
unless it be to go into the courts for
redress against a violation of these
rights? And if there be domestic
violence which the State caunot sup
press, how is the President to know
whether within the limits of any State
life, liberty and property have been
taken from the citizen without due
process of law? The Constitution
itself provides how it shall be done
We find in the fourth section of the
| fourth article of the Constitution that
it is provided that
! "No State shall make or enforce any law
which shall abridge the privileges or i'm
munities of citizens of the United States :;
nor shall any State deprive any person of
life, liberty, or property, without due pro-
cess of law"
Is there any power conferred there,
unless it be to go into the courts for
redress against a violation of these
rights? Aud if there be domestic vi
olence'which the State cannot suppress,
how is the President to know wheth-
er within the limits of any State life,
liberty and property have been taken
from the citizen without due process
of law? The Constitution itself pro-
vides how it shall be done. We find
in the fourth section of the fourth ar
, ticle of the Constitution that it is pro-
vided that ..-..... ......
ssThe United States shall guaranty to ev-
cry State in this Union a republican form
! of go Ternment, and shall protect each of
them against invasion and on application
of the Legislature, or the Executive (when
the Legislature cannot be convened) against
domestic violence"
Here it will be observed that so
jealous is the Constitution of the rights
and liberties of the people, that it does
not allow the President 20 interfere,
even on tho application of the Cover
nor of State, except when the Leg
islature cannot be convened. TIE