Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-11-17

0 ntistent with every idea of civil a. Il DO
lltical liberty. The measure is thu, Act ~
Congress, Goth of April 1871, called the
Ku-Klux law. Its title is IAN sct to en-
force the provisions of the fourtee nth
amendment to the Constitution of the
United States, and for other purposes. -
ls will be seen that the only authority as
serted for this law is the fourteenth amend
ment. Let me show you what the pro-
vision in the law is which is now being
enforced by the President in certain por.
tlons OF South Carolina. After giving
to individuals whose rights under the
1ourt: enth amendment may be violated
civil action against the wrong
doers liable to q criminal prosecution, 1t
provides that in certain cases mentioned
IN the section, the alleged offences s'shali
be deemed a rebellion against the United
States, and during the existence of such
supposed rebellion, end within the limits
wLere it may exist, ''the President, when
IN his judgment the public safety shall re-
quire it," is authorized ''to suspend the
privileges Of the writ of ha6eas corpus to
the end that such rebellion may be over.
thrown"
1t will be seen from the title of the act
that the only warrant asserted for it is the
fourteenth amendment. The inference
from this is, that in the judgment of Con-
gress, independent of that amendment, no
ouOA oolAOL4oy COulu D0 1OuQOs NOW, THIS
being conceded, let me for q moment ex-
anime into the meaning of that patti of the
fourteenth amendment relied upon. By q
CLAUSE in the first section, in connection
with the fifth sec ion, Congress has as
sumed the power to pass the act. By that
part OF the lat section 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; nor deny to any person with
In Its jurisdiction the equal protection of
the laws" By the fifth section Congress
shall have power to enforce, by appropri-
ate legislation, the provisions of this arti-
OLE"
It will thus be seen that what is prohib-
tied in the portion of the first section
quoted is that mo State shall do the acts
The act of the suspension of the writ of
habeas corpus and the declaration of mar
tial law is 10 place the State and its citizens
without any security, constitutional or
otherwise. For, as was correctly stated by
the Duke of Wellington. martial law is
no law at ALL" It is the mere will of the
commander, and during it's continuance is
an unmixed despotism. Can the people
of the o. E. be 80 blind and So Aforgetful
OF the numerous duties which they owe to
the men who achieved our freedom as any
longer to permit a continuance in power
OF the party by which such law has been
passed and is being enforced :? It has
been said by an EDgllshman that our peo-
pie are more Indifferent to the importance
and value of the writ of hdbeds corpus than
his countrymen, for ours did not as his
did, obtain 1t by force, in other words
fight for it.
The rights secured by our Constitution
are, In substance, but transcript of the
constitutional rights of England, and es-
pecially is that the case with regard to the
writ of Aabecs corpus. Many of the rights
are included in EngIand's great Charter,
which was obtained, sword in hand from
King John, and our constitutional provis-
ion In relation to the writ in question is
taken almost in words, from the ha6eaS
corpus act of Charles IL I feel satisfied
that if such law as the one I have ex-
amined, and such an execution of it as is
nov going on in South Carolina, was passed
by the English Parliament. and was SO
enforced by the government, the people of
that conntry would with one voice, drive
from power all the parties concerned in it.
Are Americans less devoted to liberty
than the subjects of her Majesty Can
We. who often boast, and heretofore with
truth, that we are among the freest, If not
the freest people on earth. submit to such
Legislation, or will we not when the prop
or time comes to speak through the bal
lot BIZ, with one voice discard from
power those who have abused and are
abusing the most sacred provisions of our
Constitution and the dearest rights of
freemen ? Is not the right which ia now
being denied in South Carolina ono Of the
most vital to political and civil freedom -?
Does liberty exist anywhere whe re such a
right is denied It must be very clear to
the comprehension of any rejecting man
that it cannot. In the words of Blackstone
himself the advocate of strong govern
ments and the war and able supporter of
the prerCgatives of the Crown, in referring
to the value of the writ, ''4f it were once
left in the power of even tine highest mag
istrate to lmprison arbitrarily whomever
he or his officers thought proper (as in
France it is daily practiced by the Crown
there would soon be an end of all other
rights aud immunitiess.
In conclusion, have but few words to
say, and these L submit to the mature
consideration of the gentlemen who may
compose the convention which is to as
tembIe hereafter, and who al g opposed to
the reelection of Grant.
The last and preceding Presidential
contest would I have 10 doubt. have been
successful if the conventions by which the
candidates in opposition to the re election
of Mr.. Lincoln and to the election Of Gen.
Grant lad acted with more wisdom and
discretion. Now. however, when the is
sues which were preaente by the late war
and which had been the subjects of contro-
versy IN Congress and in the country, are
at an end. they should be considered as
forever c1cse1 The Demccra and Con-
anh " atiu are hnnnd think in dnkY--