The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-15


a stormy meeting, determined on bill "tor
the better government of the Southern States, "
in which, after providing for the punishment
of a number of offences and the arrest Of
offenders by United States officers, final
clause empowers the President, sin his discre-
ton" to suspend the writ of habeas corpus
in any State of the Union, "whenever in
any State unlawful combinations shall be
organized or attempted, and so numerous and
powerful as to be able, by violence, to set at
defiance or overturn any State authorities.
1t would be well before any member OF
Congress votes for this monstrous PROPOSE
ton that he should take the trouble to read
over the constitution and study for little
while the system of government Of which
Congress is a part he will discover that
when in any State case of rebellion against
the local or State authorities happens, too
powerful for the local authorities to deal
with, the Legislature of the State, or
the Governor in case the Legislature cannot
be assembled, has the right to call on the
President for help, and it is his duty to give
assistance to the State authorities. In that
case he has abundant authority under the con-
stitution to act, and he acts as the auxiliary
of the State government. Is not that sufii-
cient? Does it not cover every possible
case?
| But this bill proceeds upon an entirely diff
ferent principle. 1t ignores the constitution
entirely. 1t proposes that the President shall
decide when, where and how to interfere-he,
and not the Governor of State, is to be the
judge of the emergency. He, and not the
Governor is to decide what is rebellion, what
is combination, when it is numerous and
when it is about to overturn the local govern
ment, and sin his discretion to suspend the
writ of habeas corpus, and, in effect, declare
martial law.
Such powers, even if they were constitu-
tional, ought not to be intrusted to ruler in
time of peace, except with safeguards which
are not found in the bill or thought of by
those who framed it. They ought not to be
intrusted to any ruler who had not given the
strongest evidences of attachment to consti-
tutional liberty. But they are to be intrusted
to President who has shown himself con-
spicuously regardless of constitutional lmita-
tons and contemptuous of the laws, whose
whole course as President has shown his in
capacity to comprehend civil government,
and whose more recent acts have shocked and
alarmed the whole country.
The discretion" which allowed State
Legislature to be dispersed by federal troops;
which authorized the ''banditti" despatch;
which allowed federal soldiers to drive
out Of Office sheriff at Vicksburg;
which, but the other day, amazed
and alarmed the country by a cool PROPOSE
ton to overturn the established, and by him
self acknowledged, State government in Ar
kansas, to such discretion" are now to be
iptrusted powers clearly unknown to the con-
stitution, and involving the gravest aues-
tion-the question of peace or war.
Ten years after the surrender of Appomat-
tox, ten years after the close of the great war,
the party which has been uninterruptedly in
power since 1851 proposes this monstrous and
unconstitutional legislation. Is it not start
ling? Is it not shameful?
But it is not the republican party which
proposes thus to make General Grant dicta-
tor. The republican party contains great
|
sentative people of the country. The republi-
can party in Congress has among its men,
bers many of the ablest statesmen of the
land. Does any one pretend that this prop
osition has their approval? No; it is pro-
posed, it is urged, it is pressed by the bum
mers, the hangers-on of the party, by South
ern members who have no constituency, by
|
ends on the 4th of March, by the adventurer
element which remains to us from the war.
But is it not time for the decent members of
the republican party to assert themselves and
to put down the camp followers who speak in
their name? If any republican is attached
to his party and hopes for it an honorable
future or any future at all, it is high time for
him to speak. IT this wild scheme is brought
before the House it is not for the democrats to
oppose it. Let them put the responsibility
where it belongs. 1t is for the republican
LEADERSHIP Blaines, the Hales, the
Daweses, the Wizards, the Phelpses-
to rise in their places and declare
that they are the republican party, and that
they are not concerned in this conspiracy
against the public liberties and the public
safety 1t belongs to them to denounce it,
not as individuals, but in the name of the re-
publican party. They have been silent long
enough just as long as the country win bear
If now they are not bold and outspoken they
may as we'll die, for their political careers
will be ended in disgrace The country will
not forgive the carpet-baggers and adventur-
ers who have concocted and who favor this
shameful proposition; but it will forgive still
less those men of honorable fame who shall
now pass it by in silence, or with tmid and
faltering opposition. If these men are wise
they will not suffer the infamous caucus