Year: 1871

following protest to the force bill passed
at the late session of Congress. 1t says {:


The President having signed the force
bill, the whole subject of national police
legislation enters the field Of legal discus
sion. We yesterday published the act in
FULL and advise all citizens who wish to
understand the history Of the times, and
to take an intelligent part in politics, to
examine it carefully for themselves. 1t
will be seen that it directly violates several
distinct provisions Of the constitution and
that, still more threatening fact is, it
violates the spirit of the constitution more
than its letter, assuming to change fun
damentally the theory on which our system
Of government is constructed, and shere-
fore demanding reversal Of the principles
on which the supreme law has hitherto
been interpreted and nforced. IF this bill
is valid, the United States have suffered, by
the adoption, Of recent amendments to the
constitution, revolution not less complete
and momentous than was wrought by the
original adoption of the constitution itself.


The revolution consists in the assump.
ton by the federal government Of that
municipal sovereignty which. was at first
reserved to the states, and has always been
jealousy guarded by them. The bill
provides for the punishment, by national
courts, Of all offenscs against persons and
property which two or more persons may
conspire to commit; and for the recovery
of damages, as in civil action, in the
same courts, against all persons committing
such otfenses, and against all who refuse
or neglect to interfere with their com.
mission. There is hardly crime named
on the statute book Of any state which does
not come under some clause of section 2
of this bill if more than one person is en-
gagged in it, either as principal or as ac-
cessory; and for any one of them, whether
it be burglary, or threat tina. if man
gives certain testimony before court the
offender will vote against him at the next
election, a fine of $4,000 and imprison-
ment for six years may be inflicted.


The war-makiug power, which the con-
stitution expressly. reserves to congress, is
thus given to the President alone; and
! the power to suspend the hateas corpus,
which the constitution forbds to any and
all branches of the government except in
public peril from invasion or rebellion, is
also given to the President * y .


It cannot be disguised that the passage
of this bill mikes crisis in the political
history of the nation crisis which calls
for all the wisdom of great people to
meet it properly. In any other country
than our own it would inevitably lead
either to a centralized imperialism or to
war. 1t is only among people long habitu-
ated to freedom and respect for law that
rulers could be found to hold such powers,
even for a week, without danger to liberty.
In other nations, with such grant of
power as this, strong executive would
strike for absolute sovereignty, and weak
one would quickly be led by ambitious ad-
visers to do the same.


The danger however, is no less real,
and scarcely less serious, than it we had
an imitator of Napoleon at the head Of the
nation and the army. If this act be en-
forced and if it succeeds in the work pro-
posed by it, every barrier which the con-
stitution holds up against the encroac!,-
ment of the central upon the local govern
ments is broken. Reverence for the fun
damental law will disappear, and all the
checks and forms Of our federal system
will become the sport of political contro-
versy. No man can foresec what the next
step towards Capitalization may be; but
every one may confidently predict that no
constitutional Limitation or prohibition will
hereafter be permitted by any political
party in control Of the national govern
ment to defeat its ends, or to protect muni-
cipal privileges against it. The local
rights of persons and of property, the local
conflicts Of corporations, the whole system
of local laws, with the controversies they
involve and the passions they excite, will
become elements Of national politics; and
the very organization of society through
the land will become the stake Of national
party struggles. The absolute centraliza.
ton Of our government, and the destruc-
ton of the federal system, must soon follow,
with civil war aud disunion as the only al.
tentative.


The constitution, which has been out
RACED BY passing this bill, provides the
means for its own vindication. On the
first test case which can be brought before
the tho supreme .p court Of the United States, it
will doubtless be found aud declared, in
way which fanaticism will heed, that con.
cress cannot abolish the States and repel
the constitution. Even should it be i'm
possible to obtain such judgment before
the next meeting of Congress, yet the act
will ere then have been studied by the
people and public opinion will demand
imperativcly that it be removed from the
statute book. BY such means only can
usurpation under the forms of law, be met
in manner worthy Of the nation, and the
means, we are confident, are adequate to
the end.


Meanwhile it is of the 6rst importance
that citizens rho are opposed to this act,
and see tie dangerous character, should
rract;cs moderation and forbearaDce in
! H.. res;stance TO IT, Nothing can blind