Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1871-04-13

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T6r NswsKr-Elrx Bul.-The pas
sage by the Heuse Of the New Klux
Bill. and the crTAinty of favorable setion
speu il by the senate when it shalt have
rerie,l ,hasbciy, which it will soon do.
must excuse u for again aivertisg to the
provisions Of tsis bill. It gives desroticI
pover 10 tie President. and substitutes
his Irresponsible for the safeguards
Of the Constitution. II authorizes him to
suspend the habeas corpus and proclaim
MARTA. law in any part of the United
States. making him the sole. judge Of the
necessity for substituting his arbitrary will
for the regular operation Of Law. wher-
ever martial law is proclaimed, the viii of
the President is supreme. BY the sus-
pension Of the haJeas corpus he can arrest
any citizen he pleascs. for any cause. or no
cause. denying the citizen hearing and
all means Of vindicating his innocence,
and keeping him immured in dungeon
or government fort as long as the Prcsi-
dent pleases, without legal process. with
out judge or jury. the only test of crime
being the suspicion or di.pleasure Of an
ignorant. narrow minded and vindictive
man Ike General Grant. But we prefer
that our readers should learn from tenn
perate and fair-minded organs of republi-
can thought themselves the full enormi-
ties of this bin of denominations and as the
New York Ereniag Poa-Bryant's paper
lis. among these, the ablest and the most
influential. we surrender willingly enough
of our space TO give Mr.. Bryant's
opinions of the aim and effects of this la
test and most reckless assault by Congress
upon the public liberties.
This Legislation is not only unconsti-
tutional. but il is impolitic. and so vague
in its form that, by the traditions Of the
law, it might be pronounced '.void for un-
c'EtilUEN.
1T is unconstitutional, because il as
sumes national jurisdiction over municipal
police matters. which are not delegated hy
the Constitution to Congress 1.-two per-
sons ..conspirc" to commit any crime
against persons or property, this bill. by
the natural construction of il. terms. takes
them from the State authorities and brings
them before the United States tribunals rs
police courts. 1t erects new seats of JUS
fice. with jurisdiction which conflicts a,
all points with that Of the State Courts,
and sets mp two distinc, and widely differ
cnt penal codes. for the same classes of
offences. in the same territory ....
1T is impolitic. because it affords an
opportunity for indefinite annoyance and
oppression Ia be exercised under the forms
of law towards the very men who ought to
be conciliated by the general government.
and who must be treated with forbearance
and kindness. if peace is ever to be OBJ
tanned throughout the land. Under this
act, any two members of State legisla-
ture who unite in proposing or supporting
a bill which can be construed as abridging
the equal privileges or immunitics" of
any person or class may be dragged at
once before a national court aud tried for
ga high crime"
1T is "a ruo in the highest degree
II confounds all distinction between the
Jurisdictions Of the national and the State
tribunals Whenever an offence is liable
to punishment by two codes, and by two
sets of administrators the common result
is that it is punished BY neither. An in
dic;mcnt BY the one may be plead in bar OF
an indictment by the other. How far this
act would extend the jurisdiction of the
national courts depends entirely upon the
Interpretation the Federal courts may
choose to give to it; but it is plain that
they must either accept none Of the pow
crs it grants. or else must overthrow and
supplant the State courts entirely in the
protection of civil order: their own
peculiar and characteristic work under the
Constitution. And this is passed just at
ter the Supreme Court, in tire case of Buff
linton against Day. has decided that the
State courts are absolutely Independent Of
the national government. So that it Cannot
interfere with them even to the extent of
levying upon the salaries of their judges
the uniform tax it levies upon tire Income
Of every other citizen.
But these are not the worst provisions
Of the bill. The Constitution expressly
authorizes the Executive to use the army
to support the laws and authority of the
State when the State Executive calls on
him for aid. and thus by direct implica-
ton forbids him to DO SO in other cases.
But this bill authorizes him TO interfere
when the rights of citizens are not protec-
ted by State, and when the State author
tiles ''fail or neglect" to ask his aid
Aud of the necessity for such Interference
and of the extent to which his military
operations shall be carried it makes him
the only and final judge. He may even
at any time pronounce by proclamation
the disorders in any State "a rebellion
against the United States" and when.
in his Judgment. the public safety shall
require it. NAV suspend the habsos cor
pHs and establish military occupation and
martial law anywhere i
I'm other words, every constitutional re-
strie,ion upon the power of the Executive
is withdrawn. and instead Of the Consti-
tuition and its checks. the nation is left to
the voluntary fcrbcarancc and sound judg-
ment os the president, As the sole safeguard
for its liberties. lfhe should choose at
anv time to declare the City Of New York