The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-08-04
VETO MESSAGE OF SENATE BILL REL.
ATlvE TO SHERlFFS.

'ntlllcu WI Ncl 10 Dpll'l uoUllcW lI''
powers and duties Of sheriff. and other
officers Tue IIrn,lD roicrrcd 10 this
bill when it passed and noted the fact
that il conferred fearful power upon the
sheriff, We print this veto message in
full, since its Importance rs II State
document demands that our readers he
made familiar with it.
AUSTIN, July %, 1870
Hon. r. Is, Hubbard, President OF the Sen
ate!
Sill have the honor to return here.
with, without my approval, Senate bill
No, lO3, being "An act to better define
the powers and duties of shcriils and
other officers and respectfully ask it.
reconsideration
This bill conlcrs upon shcrils, powers
more extraordinary than are believed
ever to have been conlided to any one
officer in the history Of amy conSitu.
tional government Sections and
which authorize the sheriff, on any one
of his lawful deputies to take the life
of an accused person who fall TO halt
| in his hight when commanded to do au
IN IN audible voice is unprecedented in
the annals OF legislation in this country
or England These sections are grossly
and palpably subversiye of sections i,
and 20 Of the bill of rights, which guar.
Nntec that no person shall be outlawcd
and that no citizen shall be deprived OF
life liberty or property, privileges on
immunitlcs, except 10y the course Of the
law of the land. The principles myoly,
ed in these two sections are and have
been regarded as the most estimabe OF
the grent leading and Fundamental
rights established in the DfaU,a charter,
the grand foundation Of English and
American liberty. Treasure and blood,
whenever necessary to maintain them,
have never been estimated or measured
among English speaking people Arti-
Gle - of that great charter is in these
words "No free man shall be taken or
imprisoned, or be dissciscd of his free
hold of liberties or free customs, or be
outlawcd or cXilcd, or any otherwise
destroyed, nor we will not pass upon
him nor condemn him, but by lawful
judgment of his peers or 10y the law Of
the land We will sell to no man. we
will not deny or defer to any man
either justice on right
These principles have been cmbalmcd
in the Constitutions of all the States as
they 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 all combined of
its departments, The meaning of the
phrase "by due course of the law Of
the land, through which alone Il citizen
can be deprived constitutonally of life
liberty property privileges or immuni-
ties, is well understood and has fire..
qucntly been defined by the highest
courts OF this country the Supreme
Court of Texas included 1t is held to
mean claw in its regular course Of adj
ministratun through courts of justice
or, rs stated by Mr. Webster in his
Dartmouth College case, in definition
generally accepted ms the best ever given,
BY the law of the land is most clearly
intended the general law which hears
before il condemns, which proceeds up.
ON inquiry and renders Judgment only
after trial, The meaning is, that every
citizen shall hold his life, liberty, prop
erty and immunities under the protcc-
ton OF general rules which govern So
cicty, Everything which may pass I'M
der the form OF an enactment is not the
law of the land" Military commissions
and courts martial in time of war and
extreme public danger are justified only
on the ground of necessity, and even
then never Mil to excite alarm and an
prchcnsion and stormy, determined op,
position among people reared and cdu-
Gated under the principles Of free gov
eminent These are just and humane,
even mercitul, in comparison with the
process prescribed in this bill through
which the lives of citizens may be taken
in time of profound peace, These
tribunals at least hear before they strike.
They pass Judgment only after inquiry
and proof They do frequently acquit.
1t would, presume be admitted with.
out dissenting voice that such tr-
bmals cannot be constitutionally
erected in Texas for the trial Of citi-
zcns charged with crime. Yet
this bill authorizes the sheriff to shoot
down u citizen if he does not stop and
surrend when commanded to do so in
m audible voice, without trial, inquiry,
proof indictment or judgement 1t
goes further aud authorizes the sheriff
and deputies TO administer onths, thus
enabling him or them to prepare in their
Office the charge, while placing in their
hands the power to prosecute it to immc-
date conviction and execution. The
sheriff is made judge jury and cxccu-
TONER lie pronounccs Judgment OF
outlawry and executes it ON the spot
II is not necessary that an indictment
should have been found sworn state,
mcnt 10y some person charging the of
Tense which may be made before the
sheriff or one of his deputies, is the only
predicate required for the EXTREMIST ac-
ton 10y the sheriff under this bill. The
English process of outlawry. under the
ancient common law was n regular pro-
ceeding before n court of competent
jurisdiction, based upon indictment
found, and the issuance of several sue
cessiye capias, iollowed by Judgment of
outlary in regular form Even then,
tho outlaw must have been arrested and
executed in the regular mode prrsrrih, ii