The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-04-10
Am UnconstitutionnI ana Dangerous
Measure.

.nl. MEASURE.
The kuklux bill which has been prepared
by q few Republicans In Congress is, In
| some of its provisions, n subterfuge and a
delusion, and in others a palpable violation
Of the Constitution. 1t purports In lis title
! ment ; but 1t cautiously adds, and for
| other PURPOSES" The first three sections
pretend to come under the first branch Of
the title. Now, the fourteenth amendment,
| after declaring that all persons are citizens
| Of the United States, goes on to say 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 deny to any person within Its Jur1sdlc.
ton the equal protection of the law . n
1t winds up by providing that Congress, by
appropriate legislation, may enforce the
| amendment.
The pretext for the passage of this new
| bill of pains and penalties is to put down
what are called the kukluX outrages. AS
sumo, for the arguments sake, that they are
as numerous rs the advocates of this bill
assert, does anybody pretend that they are
committed under and in pursuance Of any
law passed by any southern State? Every
body knows they are not, but, on the con.
| trary that they are violations Of the laws OF
those States. Consequently. the legislation
prOpoSeQ Is uot JuSlIueu ny Inc 14tn aAicnu.
ment.
But these first three sections, while they
| pretend to be enforcing the provisions OF
the 14th amendment, and to that extent
| are a cheat, confer uponthe President pow
ers for the suppression of violations OF law
in the southern States which belong eX-
| clusively TO the local authorities of those
| States, and not 10 Congress or the Federal
Executive ; and therefore these sections
are a clear Infringement Of the Constitution
| and the rights Of the States.
| But it is the fourth section that is the
| most Objectionable and dangerous. With
| out the slightest warrant in the Constitu.
| ton, without a precedent in our history, it
| confers powers upon the President which
| no Parliament since the days Of the First
| Charles has ever entrusted to a King, n
| the exercise of which by that arbitrary
| monarch cost him his head. The States in
| question have been, and now are, with
| scarcely an exception, under the absolute
| control of the party that proposes to pass
this bill. Whenever violations of law in
any State have reached such a formidable
| stage that they deserve to be called an
instruction or a rebellion, then, accord
ing to the Constitution and the precedents,
it is the duty Of the Governor to notify
the President of that fact and call for
| his assistance {; and then, and not till then,
the President has the right to interfere.
| But this bill utterly ignores this line of
procedure, and thereby utters the severest
condemnation Of the carpet-bag admins
tratiOn of the States in question. Ignoring
them as inefficient and worthless, it bestoWs
| upon the President, in the first instance, the
authority to proclaim any portion Of those
| States in Instruction and rebellion, and
thereupon to suspend the privileges Of the
| writ of ha6eaS corpus and declare martial
law therein, and then proceed to arrest,
try at the drum-head, and shoot or hang,
according to the rules and articles Of war,
anybody who has the misfortune to fall
under the displeasure of General Grant.
Stripped Of its verbiaSe, this is the fourth
section of the proposed law.
Does any MAJ in his senses believe that
there now exists in the South condition of
affairs which warrants such summary, un-
p~recedented, and unconstitutional proceed
Jugs as these? 1t will not do for the advo-
Gates of this dangerous policy to shelter
| themselves under acts deemed necessary
| during the red heat of our late civil war.
! On an occasion when a bill Was pending in
the House for the suppression Of the rebel
hon, and Il Republican member was argu-
ing to show that it was according to the
Constitution, Mr.. Thaddeus stevens re-
marked in an under one to q friend,
"There are only ten Republicans in Con-
greSs who don't know that all this kind of
legislation is outside OF the Constitution,
! and they are id fools" IF we then went
| outside of the Constitution TO find weapons
to save the life of the Republic, it is no eX-
cuse for keeping outside of it now to find
weapons to put down a miserable gang
! which, beyond all doubt, is made up of the
mere rifl-raf of Southern society. Espe-
! cially for such a comparatively trivial pur-
| pose, we should not clothe a man like Gen.
! Grant with powers so extreme and upjusti-
fable.
This bill is the joint product of partisan
ship and hypocrisy. Short-sighted kepub-
leans may hope, through its provisions, to
| maintain the supremacy of the carpet-bag
! administrations, and thereby perpetuate
| the existence Of their party in the South.
But the real object lies deeper than this.
! The kingly powers given to General Grant
are, by the terms of the bill, to cease on
; the first day Of June, 1872. That is to say,
he is to have absolute control over the
southern States until after their delegates
are chosen to the next National Convention
of the Republican party, and by chicane,
terrorism, and the sword. he is to be ena-
| bled to secure the appointment of delegates
| in one-third of the Union who are to be his
tools in that Convention, and plot, clamor,
!; and vote for his denomination.
These are the real objects OF this Dill.
IF the Republicans dare to enact it into q
law, they will certainly be swept from
mower in November, 1S72.-NeD YORK. sun.
A STRANGE SToRY-Crushed to Death IN