The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-21

AS Il TeHl CUDl JS'NVta " i'N@--fSfS 10y
serene, Councilman Heslep takes the cake
--=--=-=--------
The Galveston Case.
Editor OF The Times-Dispatch:
sir,-I have no interest direct or indi-
rect in the matter of who gets the money
due for work and materials In the cruiser
Galveston, but have very deep inter.
est in the qtestlon whether the nights and
liberties OF American citizens are 70 DC
preserved to them The military Dill re-.
-ented passed by Congress makes every
citizen OF the United States between the
gcs OF eighteen and forty-fve soldier
II the United States, with authority II
the President to appoint them officers
and order them about pretty much at his
will and the position of the Attorney
General and OF tho Cabinet IN
the Galveston matter. gives MIN
authority to create question ~hen ne
pleases between himself and any part
OF the people Of the United states, hna
TO decide that question as he desires with
the entire military power Of the country
to back his decision. II this Is really the
state to which we have arrived, then our
liberties are lost and this government
will become despotism in fact, yelled
under present superficial respect Tor old
forms.
To my mind nothing can be more mon
strous than the position which the Attor.
ney- General has taken. The courts OF
the country arc ordained by our lnsti-
tutions, Inherited from England, to De.
clare what the laws Of the land are. That
is the fundamental institution upon which
all the others rest. When court having
jurisdiction OF tho subject declares inc
law. every one. from the highest to the
lowest. must bow his head IN humble
submission to the courts decree until
that decree be reversed by q court above,
Great Is the cornerstone OF our lnstltu-
lions, With 1t We have liberty regulated
by law: without 1t we have despotisH'
pure and simple. No King OF England,
however despotic has ever dared raise
his hand or voice against the Judgment
of an English court. Some years PACK
Queen Victoria came carousing down
street In London with her usual cavalry
guard In front There was some lawtul
reason why she should not pass Ger.
tain point. A single policeman stooo on.
In the street with his baton raised. and
the cayalcade swept around at thu first
crossing and disappeared. The lesson OF
that incident Is that no one Is above the
law as declared by him who Is appointed
to declare It,
In American history there has been
but two exceptions to this, SO far as
know. and they are not really exceptions
Chief Justice Marshall In trying Aaron
Burr cent Il sutIeoph duces tccun' to
President Jefferson ordering him to BRING
some letters in his possession to Rich
mond. Mr.. Jefferson. while declaring his
willingness to send the letters. took the
point that tho President could not be
summoned away from the seat OF govern
ment, and Judge Marshall by not pros.
executing the matter showed he thought
he had made mistake.
After our civil war was openly In pro,
gress, Chief Justice Taney, at Baltimore,
issued his writ OF habeas corpus. and
military officer, acting Under President
Lincoln's order, refused to obey It.
That, though was In time OF open war,
when the theory "sous populi suprema
lex' causes the people to condone pretty
much everything,
But II the President OF the United
States may, In time Of peace, disregard
a decree OF one OF our courts. then We
have in our institutions one man who Is
above the law, and who Is law unto
himself, II we are to remain free men,
the position Is not to be tolerated. IT Is
! for Judge Grnnnn to say whether the
| stipulation on the governments part SUE.
Gested by Mr.. Knox is lawful substl,
tute for the Galveston, and. If he says II
| Is not, the President and all other men
|
| reversed, Tho government has her ap'
peal from what Judge Grlnnan decides
like every one else, and II we are to re-
main a land OF law. she must resort TO
| that and not to bayonets.
The advocates of the opposing theory
| say the government might lose her war
| chips. Suppose she does Which Is better,
| that she should lose her nnbuilt war
| ships or that we should lose our liberties?
Let her lose the Galveston. IL that must
| happen as penalty upon her for not pro-
| ydlng IN her contract and making me
| provisions effectual that When these am.
| culties arise. she may take possession OF
| the ship. But keep from us a President
sending military officers here 70 say 20
! our courts. with full jurisdiction of the
case. ..you may decideand decree unth
| your degrees displease us, when VIC VIII
| set then, aside with bayonets. and put
| YOU in the guard house ii you make any
| fuss about It,
When the governments case IS boiled
| down to It's analysis 1t means this: That
she negligently failed in making her con-
| tract with the trrigg shp-yard to provide
| that when difficulties arose she might
| take possession of the ship. and that has
| got her into snap, She VIII get out OF
| that snap by overthro%ing the institN-
lions of the country or the plea that IN
| built warships are necessary TO tho pup
| lio defense. Nothing could be moro alb.
| surd.
IL the President sends his soldiers here
| ia seize the Galveston we are, Of course.
| powcrless to resist. But the Attorney,Gen EN-
| eral should put the case in shape to carry
| n 70 the Supreme Court of the United
| states. and 1t should be carried there
lH'AI, i. RoYALIA