The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-08-03

have been in that of Texas, and In all Of
them have been excepted from the powers
of government, and the rights they secure
placed high above the reach of either one
or ali combined of its departments. The
meaning of the phrase by due course of
the law " of the land, through which alone
II citizen can be deprived constitutionally
OF iite, liberty, property, privileges or i'm
munities. is well understood and has fire.
quently been defined by the highest courts
OF this country, the Supreme Court of
Texas included. 1t is held to mean :" law
IN its regular course of administration
through courts of Justice" or, as stated by
Mr.. Webster in his d .rtmnuth College case,
in definition genrally accepted as the best
ever given, by the law of the land is
most clearly intended the general law
winch hears before it condemns, which
proceeds upon inquiry and renders judg-
ment only after trial. The meaning is,
that every citizen shall hold his life, liber-
ty, property and immunlties under the pro-
lection of general rules which govern So
ciety. Everything which may pass under
the form of an an Enactment is not the
law of the land" Military commissions
and courts martial in time of war aud eX
treme public danger are justified only on
the ground of necessity, and even then
never fail to excite alarm and apprehension
and stormy, determined opposition among
people reared and educated under the prin-
cipleS of free government. These are just
and humane, even merciful, in comparison
with the process pres ;ribed In this bill
through which the lives OF citizens may be
taken in time of profound peace. These
tribunals at least hedr before they STRIFE.
T.ey pass Judgment only after inquiry and
IE
would, | presume, be admitted without a
dissenting voice that such tribunals cannot
be constitutionally erected in Texas for the
trial of citizens charged wCh crime. Yet
this bill authorize = the sheriff to shoot
down a citizen if he does not stop and sur
render when commanded to do so in an au-
dible voice, without trial, inquiry, proof,
Indictment or judgment. 1t goes further
and authorizes the sheriff and deputies to
administer oaths, thus enabling him OF
them to prepare in their office the charge,
while placing in their hands the power to
prosecute it to immediate conviction and
execution. The sheriff is made judge, jury
and eXecutiOner. He pronounces judgment
of outlawry and executes it on the SPIT. Ii
is not necessary that an indictment should
have Jeen found; sworn statement by
some person charging the offense, which
may be made before the sheriff or one of
his deputies, is the only predicate required
for the EXTREMIST action by the
sheriff under this bill The Eng
lish process of outlawry under the
ancient common law was regu-
lar proceeding before court of competent
jurisdiction, based upon indictment found,
and the issuance of several successive Cd
pias, followed by judgment of outlawry in
,lor ha, flat1 NAT
have been arrested aud executed in the reg
ulaI mode prescribed. by law for the execu-
ton of criminals. 1t was against outlawry
judicially declared in open court by formal
Judgment after full and public notice, and
indictment found, as In ancient times was
done in England, that the provision in the
constitutions of all the States, that ''no
person shall be outlawed," was directed.
Can it be supposed that constitution
which forbids the condemnation Of per-
son unheard by a Judicial proceeding of
that character, will permit or sanction the
summary butchery which would occur un-
der this bill, without notice, Indictment or
record, upon an &c pdrte attidavits Ii sec
tion 2 is to be found another palpable vic
lation of the Constitution in the authority
given to the sheriff to call any military Com
pany in the county to his assistance when
ever he lnay deem it proper to do so in dis
charge of his duties. .ction z, article A,
of the Constitution, constitutes the Gov
eruor the commander-ln-chief of the mill
tia, and vests IN hun the power TO call them
forth to suppress Instructions repel ipva-
siuns, etc.
1t is believed to be well settled under
constitutional provisions similar to this,
that no portion of the military force of the
through the commander-in-chief. The dis
cretion attempted to be gwen the sheriff in
the second section of this bill is vested ex-
clusveiy in the Governor by the COnstitu-
tIon, and cannot be taken away or conferred
on another.
Apart from the question of constitutional
power in the Legislature to pass such An
act, the abuses to which the great powers
it. confers on sheriff, would be liable, the
reveDges they might, with impunity, be
used to crafty, the oppression which might
and doubtless would result from various uf
the minor provisions of the bill, the con-
,ternation which c. uld be produced in any
county or community by bad MN, who
might happen to be sheriff or deputy-all
stamp the measure. as a whole, and IN all
its details, as in extreme degrees, unwise
AMI impolItic.
The expenses entailed upon the State by
this bill, if it were iaw, would simply be
en"rmous. 1t authorizes the sheriff or any
one of his usually numerous dep1tie.., to
summon posses, hire horses, arms, etc..
and at pleasure pursue fugitives anywhere
in the limits oil the State allowing two dol
lars per day to each man who furnishes his
horse and arms. These posses may num-
ber as high as twenty, with 40 limit ltInn
- 4.
cretionary with sheriffs aud deputies who
summon them. When it is remembered
that there are about one hundre and fifty
organize counties IN the ate, and the
vast expanse of territory over which the
sheIitf's posses may operate is borne in
mind, some idea may be formed not only OF
the great expense which would follow an
honest md legitimate enforcement OF the
provisions of the bill, but of the frauds
upon the States treasury, to which a wide
door would be opened, Allowing that four
posses each year would go out from each
county IN the S ate, and remain out twenty
DAYS each, the necessary legitimate cost TO
the State for per diem of the sheriffs and
men, besides the cost of transportation Of
piis Dncrs, which wIuld be a heavy item,
would be 500, 000 annually, as may be
shown by arithmetical computation. This
is gwen rs an illustration; there would
scarcely be an average of less than four,
and might be more than double that num-
Der. The entire revenue of the State might
be absorbed uoder this bill, and it is cer-
tail that at least from one third To one-half
of it would be. II the bill were otherwise
unObjectiOnable it should not become law,
simply because under the existing limita-
ton upon the taxing power of the Legisla-
ture. the revenues of the government are
insufficient for its enforcement.
/ cannot concur in the conclusions stated
in the preamble to this bill, THAT the laaes
in force regulating the powers and duties
of sheriffs in making arrests are ineffi-
cient." In my judgment the powers of
sheriffs uLder existing laws are ample, and
need only to be exercised with diligence.
The fault lies not in the laws, but in their
execution in few localities. Nor is there