Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-01-17
VOLUME 26.


! why it cannot be admitted. The fact that
it is inconsistent with the purposes, spirit.
and genius of our institutions is conclusive
against the claim set up Cor its control over
an extent of country and a diversity of
intererts which never existed in the des-
potisms or monarchial governments from
which the precedents are drawn to Justify it.
New. Y ork and other states consented
to make up the general government only
| upon the assurance that the original
Constitution should be SO amended as to
secure mo"e perfectly the rights of states
and citizens. These articles were added
| by the unanimous vote of the states:
ARTICLE A. "The right of the people
to be secure in their persons, houses,
papers, and effects, against unreasonable
searches and seizures, shall not he vio>
lated. And no warrant shall issue but
upon probable causes, supported by oath
or affirmation. and particularly describing
the place TO be searched and the person
or thing TO be seized
ARTICLE 5. "No person shall be held
to answer for capital or otherwise in
famous crime, unless on presentment
or indictment of a grand jury, except in
cases arising in the land or naval forces.
or i'll the militia, hen in actual service
in time Of wal or in public danger; = X
nor be deprived of life, liberty, or
| property, without due process of law.'
The want Of these restraints in the
original instrument endangered Its adop-
ton. We are now told that they are of
no avail, in any part of our country, when
/ thfr l,nlI &, Il IL =
is war or insurrection in any section of
this land.
| Such pretensions are in contradiction
to the plain language Of these clauses
/ and TO their settled legal effect If any
4 differences of construction he possible,
our Constitution provides for their deter
mination. These questions will be carried
before the proper judicial tribunals. If
the theory of martial law is upheldby
them, we will submit and have the Con-
stitution amended, If it is held to be
unlounded, it must be given up.
SO sacred did our fathers hold consti-
tut'onat rights, that they placed them be-
yond the reach even of the majority or
our people. Written constitutions are
made not only 10 carry out the wishes,
but also to restrain the power OF majorties
and to uphold and protect the rights of
minorties. They give the humblest cit
izen the right of religious freedom against
the whole power of our people. No mat
ter how large a majority may be, it must
not interfere with rights Of persons, Of
property, or Of conscience.
The President himself holds his place
not by the will of the maioritv, but by
virtue of the provisions of the Conslitu-
ton, which placed him in his office by
the votes of about 100000, against
the votes Of about 100000 who did
not agree among themselves as to oppos-
ing candidates. He continued right
fully to hold his office, although the pop
ular majorites, even in the states which
placed him there, have in the recent
election declared themselves politically
opposed to his administration. The
majority are still bound to respect his
constitutional rights, to uphold his pow
ers, and to sustain his acts done within
the limits of rghtlul authority.
The rights of states were reserved, and
the powers Of the general government
were limited, TO protect the people in
their persons, property, anc consciences
in time of danger and civil commotion.
There is little to fear in periods of peace
and prosperity. If we are not protected
when there are popular eXcitements and
convulsions, our government is failure.
If presidential proclamations are above
the decisions of the courts and the re-
straints of the Constitution, then that
Constitution is a mockery. If it has not
the authority to keep the executive within
its restraints, then it cannot retain states
within the Union. Those who hold that
there is no sanctity in the Constitution.
must equally hold that there is no guilt
il the rebellion.
We cannot be silent and allow these
practices to become precedents. They
are as much in violation of our Consti.
) tuition as the rebellion itself, and
} more dangerous to our liberties They
} hold out to the executive every temptation
of ambition to make and proong war;
They offer despotic power as priccfor
preventing peace, They are inducements
to each administration to produce dstord
and incite armed resistance to law, by
, declaring that the condition of war re.
moves all constitutional restraints. They
call about the national capitol holdes of
, unprincipled men, who find in the wreck
t of their country the opportunity to crafty
} aVarlce or ambition, or personal or polit-
; ical resentments. This theory makes
l the passion and ambition of an admins
tratlon antagonistc to the interest and
happi 'ess of the people. 1t makes the
r restoration of peace the abdcation of
, more than legal authority in the HAMS
! of those 10 whom is coniided the govern
! ment ol our country.
| OF the same nature is the recent Proc
lamation of Emancipation. The Presi-
dent has already signed an act of Con-
. grcss, which asser:s that the slaves of
f those in rebellion are confscated. The
r | s lie effect of Ibis nrnrln mnlinn thnrneorn