Year: 1863

IL is plain confession that the design of the bill
is to shield that officer and his underlings
from the legal Consequences of such viola
tions. III that were not his object Mr. Carlsles
amendment would have been readily accepted, for
the insertion Of that amendment could in no way
impair the effect of the bill, in exemptng the
President and his subordinates from penalties for
acts which were not violations sf the Constit1to
These Senators in effect declare that he has viola
ted the Constitution; that they consider violations
of the Constitution meritoriouS acts on the part of
an officer sworn to support and defend it; and that
they will stand between him and all parties
ordained by,State or Federal laws lor wanton aud
illegal trespasses on the rights Of citizens.


If we proceed from this shameless confession of
intentions to examine the particular provisions Of
the bill, we shall find that the structure harmoni-


zes with the plan. Every part of il puts fetters
on the feet Of libeG, while il sets tyranny on
horseback. In every case Of prosecution for false
imprisonment it allows the defendant 10 appeal


from court to court but takes away the right Of ap-
peal from the plaintiff If the sufferer from wanton
acts of arbitrary. power, is defeated in the State
Courts, it denies him all redress against the mis-.
fortune of q prejudiced Court or packed jury,
while it treats proceedings In State Court against
his prosecutor null and Of no effect 1t even
inhicts penalties the plaintiff for daring TO as
sert his rights and bring suit. If he happens TO


be defeated no matter whether justly or unjustly,


he is not only denied the right ofappeaI which is
granted to the defendant, but is compelled TO pay
double costs. 1t nos only thus outrages the rights
Of the injured party by this Inequality which
would be sufficiently monstrous If the law were
allowedto takeGts course; but il interposes TO an.
null the law which he relies for his protection,
aud to insure the infiction Of those heavy penal.
ties for bringing SUR.


1t declares that the authority or order of tho.
President shall be valid and complete defence
10 all such suits; but an IL this was not broad
enough to cover and protect the numerous acts
Of despotism which have been peIpetrated in
violation Of the Constitution it also declares that
if "there was probable cause for the arrest, im-
prisonment, or other act complained Of" that also
shall be ga full and complete defence 10 the action,
and it shall be the duty Of the court trying tho net
50 to instruct the jury, and that their finding
must be accordingly" That is to say, the most
malicious stories told by mans personal or polit-
cal enemies, matter whether true or not are TO
bo ~ full and complete defence" for arbitrary
arrests and imprisonments by every deputy pro-
vost- marshal, even If he cannot make il appear
that he had authority Of the President for this
daring violation Of the Constitution. If there
was ever anything in legislative history which
deserved to be characterized as "bil Of abomina.
tions," it is this.


And the party which passes this Infamous, this
hUoHluaoe DiIiJ ueiyiHS tue OOnsLltutlOn und iu-
nulling oil State laws for protecting personal lib
crty, is the same party that two or three years
ago was passing socaled liberty bills in behalf Of
the Northern States to protect runaway negroes b.
against the provision Of the Constitution which re-
quiTes their surrender. So dear and sacred did
they profess 10 hold individual liberty that. they
would not allow it to be violated even 10 the person
Of an escaped slave, aud they set up State cgisa-
ton against Federal Legislation for his protection
These sensitive philanthropists and doughty
of freedom then professed to be shocked
at the denial of the habeas corpus TO these fugitive
blacks, and made that pretext for resisting, by
mob violence, the execution Of law Of the United .
States. And now VIC sec these same champions OF
personal liberty, these same sticklers for the
td6eas corpus, these same jusfifers Of State re-
sistance to Federal power; passing an acs which
iegradcs the white citizen below condition which
they then thought intolerabefor slaves is black as
The ace of spades. IL is for the citizens Of the
oyal States to determine whether they will sub
nit to this overthrow Of the Constitution"