Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-10-06

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( tions upon our system of govern
ment; preveniingils functions, cor
ruDting its administration, low
ering its dignity, and bringing reprosch
upon the nation. / charge them with
! imposing upon the country the burden
/ Of our enormous public debt, wasting its
resources, in rewarding prohigate par
tisans, and debsuching the public mind
! by their corrupt practices and mercen-
sry legislation. Let US see if these
countS in the indictment are sustained
/ by the proof: When the great civil wsr
/ which deluged the entire land in blood
was over; when the brave army that
| followed the flag Of the south
/ had been overcome by the accidents
Of war and the gallantry Of their
! adversaries; when the great soldiers
/ who had led them with such lofty cour-
I age had sheathed their swords in sor.
! row, but not in shame, and turned their
/ faces toward the pursuits OF civil iifei
/ when the cry for peace was heard
throughout the land, the Republican
( party, then IN power, might have been
I generous; and, indeed, many Of them
were so, aud among them the brave sol
/ dier who now stands at the head OF the
I Federal government. Well would il
] DANc D6tn AtG luC GNNuAlg AA4u nt t0h-
/ tinued to have been animated by the
same high spirit and generous patriotism
which then marked his conduct. But
under his administration of the govern
ment, as the acknowledged head and
T leader Of the Republican party, laws
/ were passed with startling rapidity, ig-
nOring the rights of the private citizen,
practically overthrOwing State govern
i ments, and breaking down with reckless
/ blows the constitutional barriers which
I tx
( THE LIMITS OF FNATIONAL JURISDICTION.
I The great achievements of the English
! bArons At RubDymede in procuring for
/ the English people the writ OF hd6eGs
! corpus, has been eXtolled by poets,
/ statesmen and orators from thai day
/ down to the present, but q Republican
/ congress has no reverence for the deeds
OF the brave pioneers OF civil liberty. A
Judi ial safeguard, designed for the pro-
lection of the people against the tyTan-
ny and rapacity OF power; a writ which
has grown sacred in the eyes of every
liberty-lovlng people in the world, has,
by a Republican congress, been deTided
and trampled under foot. l find that
on the twentieth day OF April, 1871, an
act was passed by the congress of the
United States, nearly every Republican
member voting for it, giving to The Pres
ideut the power to suspend the writ OF
habedS corpus whenever in Lis judg-
ment the puulic good might require it..
Thus in time OF profound peace,
when there was no Internal cOmmOtiOD,
when there was not a single armed man
ia the whole world to oppose the author
ity of the government, a Republican
! congress sets aside a time-hOuOred i1-
dicial writ that the wisdom of nearly
three centuries has sanctioned snd ap-
provtd-a safeguard to protect the
weak against the strong; the humble
subject against oppression at the hands
Of a powerful and tyranicGl ruler; a
safeguard and security for the protection
Of public liberty, shat wise statesmen
and unselfish patriots in every free gov
| eminent for ages have pronounced the
most salutary measure of modern legis-
latiOn. Yet an act, placing it in the
power Of one man 10 suspend, at his own
! pleasure, without additional legislation,
1 a writ thus received, was passed by a
/ Republican congress, with about the
/ same concern that a board of county
magistrates would manifest in passing
an order TO bridge 3 spring branch.
/ Under this act General Grant, had he
! chosen, might, with q single stroke Of
I his pen, have enabled himself, snd every
partisan of his in the land, TO ueat the
writ of hHGoGS corpus (although is
sued by the highest Judicial Off
Ger in the government with con-
tempt which a supreme court might
feel for a supersedeGs issued by q
/ Justice Of the peace. Men do not act
without motive, particularly in mat
ters OF sucd gravity, as to involve a
direct conflict between the executive
and judicial branches Of the govern
ment, Oar Republican congress must
have had some controlling motive
governing its action, when il ventured
upon q measure 80 unusual and eXtraOr-
dinsry. To ascertain thaf motive 1t is
necessary TO examine the surrounding
I facts ana circumstances: AS I have be
fore said, this act passed congress on
the twentieth day Of April, 1871, when
/ there was
NO INTERNAL INSTRUCTION,
I nor Indication of foreign war, but with
I in less than one year OF the time when
there would be another Presidential
election. The people were aroused all
| over the nation, and were organizing
/ for the overthrow Of the then existing
( administration. The p8rtisaDs uf that
! administration heard the mutterings of
! the coming storm and feared that their
! hold upon the means Of public plundeF
might be broken and they swept from
power by its rushing fury. Something
must be done; the people, the honest
tOiling masses were marching in solid
/ phaLanx upon the citadel OF political
bower and corrupt legislation. With
reasonable judgment in the conduct OF
the approaching campaign, and a fair
election, it WAS apparent to every think
ing man that in all probability the Re-
publican party would have been
overthrown ia the coming contest.
In order, however, to defeat this result,
not then forer eeing the folly and bad
generalship which was destined 10 give
them an easy victory in the end, they
resorted to the dangerous and startling
expedient Of placing in the hands o.
their leader the power TO crush out al
opposition by seizing, il need be, every
leader Of the opposite party and holding
him without hope or power Of release 81
long as it might further party purposes
10 do so. Have / not the right, IN tbs
absence Of every other one that woulC
not be TeprObsted by all men OF sense
TO saw that the motives i have men
toned Influenced the leaders Of the Re
publican party in authorizing the sus
pension of the hd6eds corpus, thus witt
sacriligious feet trampling down th'
sacred guarantee Of individual safety
and public liberty? 1 am awar'
that the friends and advocates o
the measure gave a different reason
fc- the necessity OF their action
+ than I have given, but whel
. considered in the light Of subsequen
events. l am of opinion that impHrtia
men will give but little weight TO tn
statement Of Republican politicians
> that it was necessary TO unfetteT tn
hands of the executive by the suspension
+ of tbgs writ, in order to arrest and brini
, 10 iustjee. q few small bands OF idl
, msrauders in different sections Of th
country. Nobody can believe that thes
things constituted the necessity, o
, furnished the re. sons for this eXtraor
( dinary action Of congress. III So wh.
I did we hear nothing of the suspension
Z of the writ Of hd6eds corpus in the re
cent troubles in our neighboriDg stat
= OF Arkansas, where the whole peopi
! were apprehensive Of civil war; whel
D hostile camps were pitched in the cspi
e itol, and the march Of armed men re
E sounded through its streets. Then
= seems the cold and impurturbables soldlel
: who sits calmly in the White House q
4 Washington, thought that two or thre
: companies OF
l UNITED STATES TROOPS,
{, under command of an army captain
J were quite sufficient to preserve the pull
: lie peace without invoking the aid {
congress TO confer upon him any eXtraol
dinaTy powers. And the result viDdi
e Gated the accuracy OF his judgment, fo
i the means employed proved amply su
/ ficient for the emergency. The dis
/. turbance was suppressed aud hut it'll
Q blood WAS shed. Only 8 few days ag
I the whole country was startled by ia
: announcement that civil war ha
! broken out in Louisiana; that the peopl
l. OF all parties and colOrs had spOntau
D eOusly risen up in arms aud hurled To
y corrupt and wicked State governmeu
d that had been imposed upon them b
e partisan means against their will, aud /
% violation Of established laws. LarP
ie bodies Of men gathered in arms and
ss bloody conflict seemed inevitable. Bt
'e in this case 3 mere proclamation frOl
D. the President was deemed sufficient Il
al the occasion, and this, too, proved e
Y, fectual: peace was restored, and sti
a not one invasion OF Judicial authorit
"a was, so far az l am advised, suggeste
81 by even the most violent Republica
D. partisan. In the recent disturbances
lt our own State, which eliminated in II
y. shameful massacre in Gibson count,
s, the authority conferred by la
al upon a United States eommi
% sioner, backed by a deputy Unite