The Shasta courier., 1862-12-06
Constitutional Questions.

country, that while each particular citizen
I processes to fully comprehend the history,
meaning. general drift and pressure of the
Federal Constitution no two are to be easily
found who understand that instrument alike
1t is impossible to refer specially to these
different and differing versions of the docu-
ment in question, as interpreted by parties,
but if all that party platforms baye declared
in relation to it be true, then it is safe to say
that the text and spirit of no similar screed
has been so much violated and i'll treated
The who.e thingwent up in 1920 according
to large numle er of citizens, when Missouri
was admitted into the Union Gen. jackson
is supposed to have violated it each and every
| day of his Presidential terms, genera " in
everything he did, but specially when he rode
down the decision of the Supreme Court in
the United States Bank case, as also when he
published certain radical views bearing upon
the 81 sovereign" State Of South Carolina
Texas was annexed without the CONSTITUTIONS
al sanction, as we have been told. Indeed it
Is altogether out of the question to enumer-
ate the times and occasions of the rupturing
of this instrument The task is impossible
Mr.. Lincoln. the President, is, according
to the learned and unselfish opinions of the
Democracy, now engaged in violating it
again, in the matter of the emancipation pro-
clamation. Before any reply is made t. this
assertion, it is well worth while to inquire
who says so, jls- by way of a test of the sim
ccrity of those saying it. If it comes from
some rebel sympathizer, no answer is re-
quired. Those who stain themselves with
the moral perjury of unshamed treason, are
butpoor oracles for any constitutional or other
established law. If it comes from some poor
lunatic, who has become so befogged in
% Democratic mists that he has lost his
reckoning, and only knows that he is
g Democrat without pretending to be able
to explain what he means by it, is equally
idle to talk to him. He will soon, through
reconstructive' appliances, be an open
traitor. God help US, hen the amount of
mans lip-devotion to the Constitution desig-
mates exactly the amount of treason in his
rotten soul The best and only lucid argu-
ment which has been advanced against the
constitutionality of this measure, is from the
pen of Judge Curtis, of Massachusetts, late
of the Supreme Court of the U fitted States. =
Perhaps it is the best that -co11 be made
Its whole argument is predicated upon the
assumption that the 90 Statesu now in rebel
lion against the General Government are as
much under the protection of that Govern
ment as they were before the rebellion COM
menccd. IfJudge Curtis had believed in the
fact that rebellion had no rights whatever, he
would not have been troubled to write this
production. But few clear headed men will
be found who can be deceived by the reason
ing of this Judge. The following facts are
| known of all men lst That we are en- ga gseei
in ID. That the enemy owes his
strength, to large extent. to the fact that
be employs slave labor, of course without
cost, to raise army supplies, whereby he is
enabled to place in the field his whole force
of white population. If these two facts are
kept in mind, it would follow that our armies
had just the same right to take their slave
labor away from them thus cutting off sup
plies, that they would have to seize a powder
magazine or provision train.
Mr.. Parsons, of the Cambridge Law
School. thus speaks of that portion q Curtis
opinion bearing directly on this view cf the
matter:
Judge Curtis speaks much and cloquentlv
of the Presidents right to infiict penalty
and punishment. and the rights of the
rebels to the protection of law Rebellion has
no rights. If rebellion means anything, it
means the remuneration and destruction of
all law. And, therefore, it is accursed before
God and man. No rebel has any right. re-
| gard to acaic6 ,rould ,rcaken or obst1uct am
military measure needed 10 subdae he rebel
lion. Judge Curtis argument would give
the Constitution and the law to the rebels, as
their sword to smite with. and their shield to
save them and leave it to US only a. fetter
In that short paragraph is found full an
swer to all that can be said against the Pres
ident's constitutional right to make good this
/ proclamation, as miit-,ry act.