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How To Meet Unconstitutional Legislation

How To Meet Unconstitutional Legislation image
Parent Issue
Day
28
Month
April
Year
1871
Copyright
Public Domain
OCR Text

Ihe President having igm i the I bill, tho whoje subjeijl . t' national pólice Kon enters üio field of legal dÍBcussion. Wo yestetday published the act in i'ull, and ívdvise ill citiziT.s understand the E the tintes, and to takc an intelligent part in politics, to examino it oarefully for themselTés. Tt. will b&soei) thal il direetly violatee al ilistinct. provisión of the Coustitution, and that, a still more threatening tai t, Li viol.it rit of tfië Constitution than its letter, assuming to ohange fundamentally tbe fcheory m whioh our sysfein of governtnent is obnatïüctéd, and tnorefore demanding a revorsal of tho piinoiplee on whieh tho supremo law has bitherto been interpreted and enforced. It' tliis bill is valid tho United States havo Buffored, by the adoption of recent ainendmenta to the Pqnstitution, a revolution not loss ooinplote and taonaentous than :is wrought by the original adpption of the Constitution iteolf. Tliis revolution consiste i" thn issumption by tho federal government of thut municipal sovcreignty whích was at first ad to tho states, and has always beenjealously guarded by Hum. The bill próvidos for the punishnient, by national couils, of all offences againsi persons, and propi rty, which two or more persons may conspiro to conunit ; and for the recovery of damagos, as in a civil action, in the same courte, ftgainst : 1 1 1 persons COBunitting Buch oifenoeB, and against all who " refuso or neglect " to interfere with theii cominission. Thero is hardly a c naiued on the statuto book of any atate whioh does not ("..une under somc clause of .Seetion. '2 of this bill, if more than one person is ertgaged in it, either as princior as accossory ; and for any ono of them, whether it be burglury, or a thxeat that it' a man givea oertain ti.-sümony be!'i iré a cauri Sis offender will 'ote against him at the ni.'xt election, a fine of 5,000 and impiisonmeut for six years may be illñiote:l. This centraliza tion of autliority whieh has hitherto belonged to the muuioipal governments is acoornptuiied with a centrah.ation in the national exeeutive of powerf whicb have hitherto had nuexiatonca at all. The President is eharged witU the execation of the looul laws for the pi ii of ei vil order ; und uuthorizrii, wlicnever, in his judgment, these laws are not administcred by the BtateSj to uso the military power of the United State te enioroe them. Ho may at any time, and without any evidenoe of an emorgency requiring such action exeept his own opinión, depose u. state gov.iiiment, declaiing it a rebellion ;g.iinst the United Statos, and diapene and ünprisoa its memben, SUBpendisg, at the same time tho civil remedies whioh persons wronged by his action niight liave under the wril of habrux eorpU. The war-making power, which the Constitution expieeely reserves to Oongress, is thus giveu to the President alone ; and the power to suspend tho habecu corpus, whieh tlie Constitution forbids to any and all biMiiehes of the gov('ïiiiiicnt, exeept in public poril from in! or rebellion, is giveu to the President upon any occasion when, in his judguiriit, the con viction of oertain classes of offendera ahall in any district become intpraoüoable. It 'innot be disguised that tho passage of this bill inaki's a crisis in tho political histury of tho natiim : a crisis which calis for all the wisdom of a greai people to nut I it properly. In any othcr country khan our own it would iurvitably lead oithcr tu i ceiitialized impcrialism or to civil war. It is only among a people long h'abitua.tel to fceedom and to respect for law that miers could be found to hold sueh powers, even for a week, without danger to liberty. In othor nations, with lueh a grant of power as this, a strong oxecutive would strike for absolute sovereignty, and a weak one would quickly be led by nmbitious advisers to do the same. Hcro wc are safo t auoh a dangor. The present Prosho may have made, is an honeet patriot ; and that usurpation which General fuithfnl and too puro to desiro, even a rec-klesa and corrupt man in hi.s place would be too prudent, to attempt. The habit of freedom has degtroyed among our people tho material of which slaves are made, and no sudden seizuro of absolute power is to be foared hcre. The danger, however, is no loss real, and scarcely less sorious, than if we had nn imitator of Napoléon at the bead of the nation and tho army. Bf flris act bo eniorcea, and ïi ït succcoq In the work proposed ly it, evcry barrior which the Constitution holds up against the énorooohmont of the central upon tfce looal govcniments is broken. Revorenco ' for tho fundamental la-w wfll disappfear, and all tho checks and forras of onr federal : will becomo bho Bport of political controrersy. No man can föreseo what tho next sti-p towarda contralizatSon mav be ; but orery one may confidently predict tlüit no constitutional limitation or bition will horeafter be permittedby any politdoal party in control of the nationai govorninent todefoai it3 ends, orto protect municipal privileges against it. - ■ The local righta of persons and of property, the focal confliots of eorporationa, tho wholu fiy.stcin of local lawa, with tho controversios thcy involve and tho passions tlicy excite, will bocomo elementa of national politios ; and tho very organization of socioty throüghout the land will becomo tho stake of national party gloa. Tin! absoluto centralization of our governmont, and tho dostruction of the redora] system, must soon follow, with civil war and disunion as the only alternativo. Tho falso step must bo retraood. The uct must bo disowned by t.lir nation. But it is with regrot and reiaonstrance thal patriotia citizotks will hear tho exhortations already utterod in some quarti moet it by yiolenco and disorder. The titutiori, which lias boon outragod by passing this bilí, próvidos tibe moans fo' lts own vihdioation. On tho first tost cas whioh can bo brought bofore thoSuprem Coux-t of the Umt(!il States, it will doubtlesa bo fouiid and doolarod, in a way that fanatioisHi itsolf will hood, that Congross can not ubolish the status and ropeaï the Constitiition. Even should it be impossiblo to obtain such e ju Igment boforo the ntexi meoting of Congreas, yet tho act will ero then have been studicd by tho pooplo; and public opinión will deinand unperativeiy that it be removed trom the, I statuto book. By guoh moana only can I usurpatíoiii ander the forms af.law, bc met in a nuinner worthy of tho nation, aml thn toeons, vo avu oonfldent, ar quatc to oud. MeanwMlta it is of the flrst üaportanco I that citizena vrho are opposod to tl mul .■■ its dangeroua oharacter, should praotioe modoration and forboarance in fcheii resistanoe to it. Nothing oan blind the nation to its unconstitutíonality, oï eept suca uísordera as muy sctem to juati tho pl is r&ade for i Lol ií bo cloarly sean iut to bo nooossa i and it u-ill :l1cío lie Boau to bo a Ufurpatti j and an outrftge. Tho most violent soctio of tita democratie paitj has a great re bility tln-own upoa it. Byitavi lonco ií lias provokod Congross i t I wliivli Üjroatons the fundamental princiIplesof our goTenuneatj uta by i tance i" its rebellious oouias it may fi Imako this aot, with aü its frightful eoaaequenoos, a permanent part of om aystciii. lf the dpmoorate are aiaoero üitheir oppojiUMi (o Dentralization, or if the itber pattiotism or politica! sagaoity amon theai, they -will go to Üe cxtii'uic limita ot' thoir influonoe in quiel ing thoir disorderly and robollioua allios throughput the aouthern stal . Thoro wil] thrii be no state in the Union whieh will not woloome t!.r oTerthrow of this Coroe-bill, in the oourts or in Oongreas, by aay peaoeful and oonatdtutíonal tueanaj nor auy in liic!-. tli.'v will not havi cixoi.-(:unity te . an(j sympathy of BBtriotio ;;ud iatelligeaj meo, hora t&oy have bo lonsfand bo thorpughly aüonatod frora Utem oy their factioua opposition and their allianco with

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Subjects
Old News
Michigan Argus