The Force Bill

Tho House of Representativos ycsterday passed the Force bill of ir. hhollabarger, with amendments, which avoid some of the most obvious orrors in the first crudo measures proposed, but 1-otain the osseutial features even of Mr. Butler's original plan. A great part of tho bill, as it now stands is harmless ; but thi part of in is not new, and adds nothing whatever to the present power of tho Executive and court of tho United States. Thos parts of it which. are now are direotly at varianco with the constitution, and with the fundamental theory of our governmont. Oougrcsa has a right to aay thatno pcreoiisjshall resist the offioers and courts of the nation, or interiore with thcir duties ; and to punish persons who attempt or conspire to do so. But this bill goos further, and declares that if any two or moro persons " shall conspire together for tho purpose, either directiy or indirectly, of depriving any person, or clasS of persons, of the equal protection of the laws, or of equal privileges or immunities undor tho laws, or to injure any person in lus person or his property for la wfully enforoing the right of any person or class of persous to the equal protection of the laws, " they or any of thom shall bc punishod by tho courts of tho United States as for a high crime, and may be finod $.",000 and imprisoned six yeas or less. This legislation is not only imconstitutional, but it is impolitic, and so vague in its form that, by the traditions of the law it might bo pronouucod " void for unccrtaiiity." It is unconstitutional because it assxmios national jurisdiction over municipal pólice matters, which are not dolegated by tho Constitution to Congres. If two persons " conspiro " to commit any crime igainst persons or proporty, this bill, by the natural construotion of its terms, tafces them from the State authorities, and btinn 1 licm before the Uniti-d States tribunals as pólice ('ourts. It eceOtB ttertl seats of justico, with a jurisdiction which conflicts at all points witli that ol the State courts, and sets up two distinct and widely different pemil oodes, i'or the samo classes of offtmees, in the game territory. It is impolitic. beoause it adbrda an opportunity for indefinito uimoyiiucc nul oppression to be exoroised undor t lic forma of law towards the vory men who ougiit to be conciliated by the general government ; and who must be troated with forbearance and kindness, if peace is ever to be obtnined throughout the land. Under thia art, any two membevs of a St:i tí! legislature who unite in proposing or su)porting a bill which (tan be construod as abridsuur ths "eou&l privileapea or nitios " of any pereon or class, may be 'i ■(! at once bef ore a national cuurt, and tried for a " high crime." It is vague in the highest dogrco. It eonfounds all distinctious betwoou the jurisdictions of the national and the State tribimuls. Whenever an oü'once is liablo to punishment by two codos, and by two Beta of administrators, the eommon rosult is that it is punished by neither. An iudictment by the one may be plead in bar of in indictraent by the other. How far this act would extend the j urisdiction of the national couiis dependa entiraly upon the interprotation the federal courts may choose to give to it ; but it is plain that they must either accept none of the powers it grants, or else must overthrow aud supplant the State courts cntirely in the protection of civil order ; their own peculiar and charooteristic work under the Constitution. And this is passed just after the Supreme Court, in the casu of HuiHiigton against D:iy, has decided that the State courts are absolutely independent of tho national govemmont, só that it cannot interfero with them even to tho extent of levying upon the salaries of their Judges tho uniform tax it levies upon the ineome of every other citizen. But these are not tho worst provisions of the bill. The Constitution exprcssly authorizes the Executive to use the arniy to support the laws and authority of tho State, when tho State exo.cutivo calis on hini for aid ; and thus by direct implioation, forbids hini to do so in other cases. But this bill authorizes him to interfsre when the rights of citizens are not protected by a State, and wlwfti the State authorities " fail or neglect " to ask his aid. And of the necossity for such interference and of tho extent to whioh his military opcrations sliall be carried, it makes him the only and final judge;. He may oven at any time, pronounce by proclamation the disorders in any State "a rcbellion against the United States," and "whon in in his judgment, the public safety shall retjuiro it," may suspend the haheax corpus, and establish military occupation and martial law anywhere. In other words, every constitutional restriction upon the power of the Executive is withdrawn, and instöad of the Cjnstitution and its checks, tho nation is left to the voluntary forboarance and gound judgment of the President as tho sole safeguard for its libejties. If he should choose at any time to declare the city of New York or Washington in rebellion, and to take possession of it with the anny, onder martial law, that is, under the will of himself as coinmandcr-inchief, the poople must choose between submission and armüd resistanoo to the enforcemont of anact of Congress. That ia to say, it gives the color of law to such a roup delat as made .Napoleon 1IJL. mastor of Fraiicc. No republic is jüstifled in thus surrendering ite libertios. 'Xhe success of such a measuro is more to be dreaded than its utter failuro ; the restoratton at oidor by sueh means would be a greater calumity to the country than the promotion of disorder by it. For it would establish a prucedent under which any politieal pürty hereafter, on obtaining the control of Congress and the Executive, might intrench itself and its President in absolute power, and leave the people no renicdy against absolutism and centralization but in revolution. It is an attack upon the foundations of civil liberty ; an abandonment of tliat relianoe upon law and upon pnblio opinión which is the growth of history and the crown of citilization ; a recurrence to the principies and inethods of barbarism.