New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-06
The Force Bill.

The Inter- Oceun fay Ors the passage of n
law dangerous to or subversve of repub
lican institution. Had we 80 regarded thu
habeas corpus section of the measure known
az the force bill. We would unhesita:ingly
oppose it, and it is only because the meas
ure seems not only proper but absolutely
required for the present emergency that i,
has been approved and advocated in these
columns. Do the prominent Republican
journals which have been opposing the
section alluded to understand what it lie
that they 60 vehemently protest against
Let us see: The section provides that when
ever an organization exists so numerous
and powerful as to be able to overthrow or
set at defiance the authorities of State
and the United s. ates, and when, by reason
Of such combination, the conviction of
offenders shall become impracticable,
the President may issue a proclama-
ton commanding such insurgents to
disperte, and il they do not do SO, the
combination shall be deemed a rebellion
against the government, and the President
may suspend the writ OF habeas corpus
during the, continuance of such disturb
ances. Now We are told that this is an
extraordinary and dangerous power to con-
fer, and an ambitious executive may use it
az means to destroy our liberties. How
idle such talk is may be seen from one
simple fact. The constitution gives the
power to suspend this writ in cases like
that described, but does not state whether
the power shall he with Congress or the
President, or both. President Lincoln sus.
pended it without consulting Congress.
General Mcclellan ordered General Banks
20 suspend the writ, ii he should
lind it necessary, in carrying out his
instructions for the arrest of the Mary
land Legislature, and there is the very
highest authority for saying that the Presi-
Congress. So thought that eminent Demo
crat, Mr.. Reverdy Johnson; so thought
Edward Bates and HoIace Bnney, and that
distinguished jurist, TheOphi!us Parsons.
And the question has never been decided,
so that the point which is made against the
present bill, viz: that an ambitious execu-
tive may use his power to perpetuate him
self in Office, is without force. as such
man may use the power regardless of what
Congress may do. The very fact that
Congress Is asked to grant the power, if it
is to be employed at all, shows how very
anxious the President is that the legislative
branch should indicate the course it desires
him to pursue, and leaving the executive
no responsibility save what belongs to en-
forcing the laws.
The section Of the bill which has passed |
the House has been .DisquOted. or, at least, |
in quoting it some journals have emascu.
lated it 50 that an erroneous impression has !
been given concerning It. We are surprised |
to see even Hdrper's Weekly guilty Of this |
unfortunate mistake. And alter seeing this, |
We are less surprised at the very illogical |
argument it makes In opposition to the |
clause under discussion. For we may con-
clnde that if the editor had studied the sec
ton, he would not first have misQuoted it,
and then, as natural consequence. con-
demned it. The article i'll Harper, indeed,
has neither logic nor plausibility. The edi-
tor admits the inpossibilIty OF suppressing
the disorders in the South through ordinary
means, and says:
1--WE put the argument upon which the
orce bill is urged as strongly as it has been
stated. And the reply is conclusive. Ii the
Southern situation is as it is represented: if
'he law defying hatred Of the controlling
lass in those States is such as to authorize
he passage of this bill, 10 ia such as to JUS.
ify the President in proclairug a rebellion
md summonlng troops as Lincoln old III
SOL"
We do not see how this follows. II the
disturbances there can be settled without,
We do not know that it is necessary To sum-
non troops and proclaim general rebellion,
IS in 1851 There may he such thing as a
ebe,llon thab does not amount to a civil
var: and when the ordinary DOwer OF the
government is sufficient for the emergency,
We do not see that proclamation must be
ssued and the whole country thrown into :
Nc!temeat 10 prove that n rebellion exists.
as fact is a good many newspapers-pro. ,
incnt newspapers and, we regret to say Re-
olilcan newspapers-are terribly alarmed | +
Or fear something will be done to hurt these I
lalefactors in the South in way not !
trictly contemplated by the Fathers But \
It It's reassure them. As will be seen from S
ur little historical review presented above, I
ne course TO be pursued is not dangerous. | =
nd is amply sustained by precedent. No
White Lacquer will be struck except in a b
tanner particularly set forth in the consti- p
ltion. and every thing is to be done in !,
rider, without any tyrannioal usurration H
nd without setting up a mililary dicf4.tor- b
Zip. Ii such thing were contemplated, 4
IL President as we have shown. wonld not II
ant the consent of Congress to suspend Ii
70 writ OF habeas corpus, as he oonld do Al
much more efficiently when not con e.
oiled by the conditions attached to the N
spension by the act alluded to. We hope fl
e Senate will take up the bill and pass it ,,
lthont Gelay.-Chicngo Inter Ocean, d