Year: 1875

Liberty.


The evering session on Saturday continued
until midnight, when the House adjourned
Immediately after passing the litertlcide meas
ure called in common parlance the Force BILL
The effect of the bill as first introduced, and
as it stood at the beginning of tie debate on
Saturday, was to make the President Caesar
and clothe him with absolute despotic author
ity throughout the United States 1t was,
however so amended before its passage as to
make him the irresponsible Caesar of only the
four States of Alabama, Arkansas, Louisiana
and Mississippi-the authority to suspend the
writ of habeas corpus being finally limited to
those States. But this limitation of area
in no wise changes the principle of the bill.
The violation of the constitution is as fragrant
as if the bill had been passed in its original
form. Congress has no more right
to suspend the constitution and subvert
public liberty in four States or one State than
it has to install Caesar over the whole Union.
The bill was also amended by limitation Of
time as well as of area. 1t is to continue in
force only for two years and until the end of
the next ensuing session of Congress. But
neither does this limit OF time at all change the
principle of the bill. The creation of Caesar
or absolute dictator for two or three years is
as repugnant to the constitution as the crea-
ton of perpetual dictator or hereditary
Caesar. Every constitutional interdict, every
objection of principle, every protest in behalf
of liberty, applies with the same force to the
bill as amended that applied to the bill as first
agreed on in caucus. The only effect of the
amendments is to sharpen the wedge and
facilitate its being finally driven in up to the
admitted, if this precedent is set, every bar
rier against Cmsarism and arbitrary power
will be broken down.


The whole bill is bad from beginning to
end in all its thirteen sections, but the climax
is reached in the last section, which author
ICES the President to suspend the habeas cor
pus in certain exigencies, OF which he is made
the sole Judge. His mere discretion, his IRE
sponsible will, is to be the supreme law in four
States whenever it suits his caprice, pleasure
or ambition to make it so. He can arrest any
citizens he pleases, shut them up in prison as
long as he pleases without q Judicial warrant
without sworn accuser, without a particle
of evidence which he is required to produce,
without informing them Of the charges or
giving them any opportunity to prove their
innocence. Now, the constitution is very
strict and emphatic in forbidding The suspen-
sion of the habeas corpus except as last re-
sort in cases of extreme public danger. 1t
mentions invasion and mentions rebellion as
the only cases of the kind. This bold and
execrable BILL in order to bring its au-
thority to suspend the habeas corpus under
one or the other OF these two heads, invents
new and absurd definition of invasion and of
rebellion. In the title Of me bill the word 'sin-
vasion" holds the foremost place, and dis
closes the sophistry and false pretences on
which it wes framed. The title is, ga bill
to provide against the invasion of States, to
prevent the subversion OF their authority and
to maintain the security of elections"


The reason for thus putting invasion in the
forefront and making it the basis of the bill,
though not touched upon by any of the
speakers in the debate, is quite evident That
part of the constitution known as the
guarantee section relates to three different
overwhelmingly, invasion, domestic vio-
lence and the subversion of republican
form of government. We lay the last out of
consideration, as having no relation to the
present question. The two other guarantees
that against invasion and that against do
mestic violence-differ in this important
particular-namely, that whereas the
federal government cannot interfere
in q case of domestic violence, except
upon an application from the State gov
ernment, it can execute the guarantee against
invasion without any request from State au-
thorities. If, therefore, under the fiction or
false pretence of an invasion the President
can interfere in the affairs of State, he may
circumvent and defeat that provision of the
constitution which compels him to keep his
hands off until the State government applies
to him for help. This absurd bill accordingly
makes new definition of invasion, and ap-
plies that formidable word to the consent of
two individuals to take part in the political
controversies Of an adjoining State. Was
there ever anything so preposterous as the idea
that ''two persons can Invade" State?
Invasion, as the word has always been under
stood, implies the approach or entrance of a
formidable armed force; but this ridiculous
bill magnfies the efforts of two individuals to
the formidable dimensions of an Invasion !"
We quote the beginning of the first section of
this strange bill:-'.Be it enacted, &C..
that if two or more persons within the
jurisdiction of the United States shall in
wade any of the States of this Union for the
purpose Of overthrowing the existing govern
ment of said State or any constituted au-
thority Of the same, or for the purpose of in
terfering in any forcible or unlawful manner
with the due execution of the laws of such
State or of the United States" &C. When
hae aIc,,rditx hofora