An Appeal for the Constitution Theory And Practice of the Government
An Appeal for the Constitution Theory And Practice of the Government
Pseud From Old Catalog Democratus
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Under the clause of the Constitution referred to, two conditions are required in order to give jurisdiction: — 1. That there shall be "rebellion" or "in- vasion. " 2. The "public safety" must "require it. " There can be no dispute about the meaning of these condi- tions. There must be rebellion or invasion, and necessity for suspending the Writ. Does rebellion in Michigan authorize the supension in thirty-two other loyal States? What was the sense of adding the words "when the public- safety ma...y require it" if rebellion itself authorizes the suspension of the privilege of the Writ ? We must bear in mind, in discussing this question, that the Union is a confederated, and not a consolidated govern- ment. The States remain as independent political com- munities. These communities have a complete judiciary. Something is due to their dignity; something to their fidelity to the Union; something to their independence as sovereign States, and something to the liberty of their people. Was it the intention of the framers of the Con- stitution, in case of rebellion in Virginia, to hamper the 36 people of New York ?
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