An Appeal for the Constitution Theory And Practice of the Government

Cover 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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