The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1871-04-19
TERNS-IN ADVANCE.
The Real Character Of tic SO Called Ku.
KjuX Bill,


aud ondeavoE to promote the cause of
justice and of the public welfare. We
hlve'noT other alternative. We arc
shut up to this conclusion. At times
the task may seem hopeless. But
yet, above all, if thero is to bo any
future, we must havo faith in the
ultimate union Of the right with tho
might. And for this end we must
strive in faith and hope.
There is probably 10 measure which
has been introduced which so
thoroughly destroys the Republican
character Of tho Government, and so
saps the foundation of all Tho elements
aud guarantees not My Of statcship,
but of freedom an security itself, as
the misnamcd Kuklux legislation.
The title is nero device to blind
and mislead, and under cover Of which
tho real nature of tho Constitution
and institutions Of tho Government
is to be changed. The questions thus
presented for solution are not polt-
cal. They affect every State from the
Quito tho Lakes, and from the
Pacific to tho Atlantic. They con.
cern the liberties and the interest of
tho people of every section Of this vast
country. Whatever law strikes at
the constitut ional rights of one por~
ion of the Union, must OF necessity
strilo at Tho hopes of tho freedom of
every other portion "hc liberties
Of the South cannot 10 destroyed
without tho subvcrsion cf those of the
,rl, nl,, nnti |, l.
realized now, but in tho light of his
tory it is none the less clear and cor.
tain. And this truth has already
been perceived by n portion Of the
Republican press. Mr.. William G.
Bryant is tho editor Of tho Evening
Post. A Republican in political
faith, he has entered his protest
against this new attempted wrong, in
Il manner SO frank and SO convincing
as ut once to arrest tho attention
and command the judgment Speak
ing Of the proposed legislation it says:
"lhis is not only unconstitutional, but
it's inpoltic, md so vague in its
form that BY tho traditions Of tho
law, it might be pronounced void for
uncc, tainty.'
1T is unconstitutional, because
it assumes national jurisdiction over
municipal police matters, which are
not delegated by the Constitution to
Congress. If two persons 'conspiro'
to commit amy crime against persons
or property, this Bill, by tho natural
construction of iis terms, takes them
from the State authorities and brings
them before tho tho United State
tribunals as police courts. 1t erect
new seats Of justice, with juris-
dic!ion whioh conflicts at n
points with that Of tho State courts,
and sets up two distinct and widely
different penal codes, for the samo
classes Of offences, in the same terri
tory.
"Gt is impolitio, because it affords
an opportunity for indefinite annoy
ance and oppression to DO exercised
under tho forms of law towards tho
very men who ought to bo conciiatcd
by tho General Government, and who
must bo treated with forbearanco and
Kindness, if peace 10 ever to be OBJ
tanned throughout tho land. Under
this Act, any two members Of State
Legislature who unite in proposing or
supporting Il Bill whicl, can be con.
strucd as ablid ;ing the equal privi-
tcgcs or immunities' Of any person or
class may be DRAGGED at once before
anntional court and triod for q 'hvh
crime.' Na,
'lt is vague in tho highest dcgroo.
1t confouuds all distinctions bctwoen
tho Jurisdictions of tho national and
State tribunals. Whenever an offence
7sliablc to punishment by two codes,
and by two sets Of administrators,
the common result is that it is punish.
cd by neither hn indictment by the
one may be plead IN bar or an inaicta
nlclit other. low far this Act would OK.
Tend tho jurisdiction OF the national
Courts depends entirely upon tho in
depreciation the Federal Courts nav
choose to give to it but it is plain
That thoy must either accept none of
the powers it grants, or else must
overthrow and supplaht the State
courts entirely in tho protection of
civil order; their own peculiar and
characteristic work undor tho Consti-
tuition. And this is passed just after
the Supreme Court, in eLc case of
Buihnton against Day, has decided
that the State Courts arc absolutely
independent Of the National Govern.
mcnt, 50 that it cannot interfere with
them nvcn TO the extent Of lcyying
upon tho salaries Of their Judges the
uniform tax ii .lovies upon tho income
aof evorygothen citizen. a,
. -gtNl}ut these are1 not tho worst pro.
visions of the Bill. The Constitution
expressly authorizes tho Executive to
Vass tho army tosupport the laws and
authority Of the State when tho State
EXe eatise calls on him for aid, and
th@sibyi direct Implications forbids
him to do 20 In ot l. -. aasaa i, ~