Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-03-29

eeIency prociaims that II onstsnfh Of The voters In
any Of the dsfranchsed States shall take oath
to faithfully support protect and defend the Oonstliu-
ton of the United Sstes and the Union Of the States
Hereunder also that they wii in ike manner
abids by and faithfully support ali procamAtons Of
tho President made during the existing rebellion haV
ing resrsnce to slaves aud thenceforward keep and
msntain said oath inYolRte then, that On8fsnfh Of
the voters Of the State shall be restored NOT to the right
Of free suffrage but TO the glorious privilege Of voting
az be directs, and by thst frame aud set up
new State government" not Of thsir choices
but State government framed and fashioned in all
hinss according to the pattern mEpPed ont by the
/ tsr-buidsr vita pencil dipped In blood
Sir, the loysl man Of the Souh, who has struggled
hard against tbs rebellion who has been bis
allegiance. and done nothing forfeit any Of his rights
is required 10 confess himself rebs swear to give I'D
Rli claim TO his slaves, and support all NICOLA
nations issnsd, heresiter IN other words ne Is
TO allegiance 10 ths President And then he Il TO
rsesiye amnesty pardon for sins he committed
and reward 20 hs loyalty have conferred upon him
the exalted privilege OF voting the President dreetH
But sir, there is St another difficulty In The pre-
scEihed OATH The who supports the Constitution
Of the United States must maintain ths Old Uuon formed
by that ConziutOn; and must, Of course, support
and maintain the old States which compose that Union
But the who supports tbs proclamation sane.
tioHte overthrow OF the State Constitutions and laws
Of the Southern States and aid in framing and setting
up 81 ate governmsntz-nust lid breaking M the
old Union, and TO building lis ruins and differ.
ent Union, wholly unknown to the Constitution. In
this and In all othsr important particulars, the procs-
nation and the Constitution stand directly opposed to
each other So that man can support the only by
dsrega-ing and opposing the other Bat he swear
to support both. Therefors the man who takes the
prescribed oath" is necessarily required to commit
perjury, In the very act Of taking It. This would have
bsen considered serious matter in time past when
Oalhs registered In Heaven were revers and observed
on earh--hut now doubtless many will regard ths
Southern man who sekes about the oath he takes as
not yet ht for adoption into the abolition family
Here, then, have the Presidents plan ef setting up
new State governments. No man is allowed 4 voice,
whatever elss he may swear except he also 10
support the Consultation ayaiis nothing The President
will test the materials $50 TO build only from the
sound and in his Judgment it Is safe TO aoeept sound
whoever viii swear to support bis prOclamations eek
eluding all others"
Sir let US pause for moment and examine this test
ncitizens in the State of Tennessee prese themseveE
Nine CT these venerable for their age. They
the Of patriots who fought the battles Of the
Revolution. In early childhood they imbbed and have
cherished through life the deepest devotion to that old
lag under which Washington and their fathers fought.
They have opposed and struggled hard against the pre-
sent rebellion They fought under flag in the war
of lsl2 and at later period In Mexico and bear upon
their venerable persons numerous ecsved in those
wsrs and az the eight OF that cd flag they weep
tears Of JOY But they must be tested They sIe
than willing 10 swear to support the Constitution and
the Old Union but they cannot do violence their CON
science by swearing TO support the proelamationE
IT. at is the test and they rejected ursound.
Thetenh man is then, examined; and though not
advanced in years he among the st to volunteer
under the Aag Of JEFF Davis; he is now fresh from the
Confederate esBpE and tie lOyH blood he has she'd s
still upon his garmenls he does not hesitate an OATH
but swears tosu2port all procansons that have been
or ever may be issued, and Ia therefore accepted as
sound" Erd Immediately the nine and SCARED
veterans with their fslies and property all trans
ferred to him TO be ed and governed by his
een will They are disfranchised, sileneed and dare
utter complaint for the military service Il 81 hAud
to arrest and imprison. Sir, this is indeed putting
down the Presidents foot" but it Is the iron tread OF
degpotls crushing the last vestige constitution.
al liberty where il moves and leaving nothing but deS
OlGtion in its psths
MT Chairman The daring boldness with which the
President his deEpote scheme Of government
should and alarm every friend Of bis country
He points the character of the State govern
ments to bs set up. points out tho exact number OF
voters aud fixes and settles the exsct qualifications of
these voer one of which is az we have seen that they
shall commit perjury in advance by swearing TO support
both the Constitution and the proclamation Bat
then after this high proof OF loyalty to the President
he will trust them fer he allows them set up
State government only in the mode prescribed By him
self" Sir, It Is all hs work, and the voters are his
nisls 10 perform il for him bnt Wlen such govern
rnent Is up by tenth of the voters, how shall Il
be maintained and enforced by so mall number Oser
all the rest Tbs President has thought Of ald pro-
vded for this for he says in his message aud procLms
tiOn when "a State government shall be- in the mode
prescribed set up such ROvefnmeat shall be recognized
aud guaranteed By ths United States and under 1t the
violence.
Yes sir, military power is to be invoked The free
white lsborers from the loyal States are to be coz.
soripfed taken from their hames 10 the south, ana
there kept year after year to enforce by swords ana
bayOnet the dsspote rus OF oneenth all the rest,
educng them TO the lowest condition Of serls ana
sails stripped Of al the rights Of self government and
crushed the earth And this sir IL the Presidents
idss of atha home OF freedom dlsenhraed regenerA-
ted enlarged and psrpetuated" But sir, it is my deA
Of odOuH sbolitlon Oigsroby Of the most cruel and
savage character And can it be psrpetualedl Yes
when the spirit OF liberty gonei when, by long years
Of oppression and cruelty, these Peope have lost all
tradition OF their descent from the revolutionary sres
then il may be perpetuated Sir the very IDEA thai
single man in this country should attempt this mon
scheme Of dsspOtisIn s enough to fire with indg
nation the breast Of every man In whose veins there
ons drop Of revolutionary blood
Mr.. Chslrmsn, IL seems 10 me none but the Wfully
blind can fail shat this sehsme In all its features
Is in direct opposition to the Constitution Even ths
nsne fonr
since speech In this House. declared that The
idents plan Of reconstruction was wholly outside OF
and unknown to the Constitution" That Is true, and
he might have added with equal truth that It open
and fragrant violation of the Constitution Indeed that
neeessary follows from What ne dd ssy for 1t e clear
the Constitution, but derives all his from H.
aud the exercise Of power rot granted by The Consu
ton 10 forbidden and prohibited by IT, But yet the
President ssya In his message, "On examination Of this
proclamation it will appear, az is believed that nothing
Is attempted beyond what Is amply justified By the
Constitution" And how does he attempt 70 sustain
that bold assunptiOnl By telling the Constitution
authorizes him to grant pardon at his own absolute
discretion and this includes the power to grant on
terms"
Yes, unless the terms violate the Constitution, as
they plainly do in this case. For what power has the
President TO confer upon pardOned rebel the lInpor
tgnt right of vOtngi Can he make Laws to control the
rights of suragel II Is true the President and the
rebel may enter into contract provided Il does not
infringe the rights Of Others Bnt what Il the contract
in this casei Plainly ths the rebel his part agrees
10 swear allegiance to the President, support all ha
1 n
In consideration Of which, the President on his part
agrees TO pardon the rebel and coths him with the
or Of ten men ss the polls and in the rule and govern
msnt Of the country tor he gives the rebel voice
the polls and disfranehsss and ssuoes the voices OF
nine other And tho President has the best Of the
bargain. He viii get vote from the rebel certain,
aud closs the mouths Of nine other who wOud be
just certsin TO vote against HIM He will therefore,
lose nothing in the cming election Sir, IL E strange
the President should make even The rsmotest ausi5R
to the Constitution in connection with this monslrous
| scheme Uf degpotisn
Mr Chairman il is clear that the device rssorted to
heretofore to conceal from the public mind snor,
nifty Of other usnrpaions, and called hs President
war power can give no support to this scheme. For
sir the very moment The rebellion in any Of these
States IL pat down and ended, that tbs PFssi
uea'B Mar PO"eli WAaeeFet nst may 8e 10 also a. Al
end. The war must cease with the rebellion its cause
and only Justification. And II the President for eb0l
lOn purposes, Protrscs the after the reballion
esaseE he then wars on people yielding obedience TO
the Constitution, changes places with the rebels and
becomes rsVOlntionlsi and rebel himself.
Mr. Chairman, the emancipation proclamation Of Jam
uary 1906 was professedly Issued By Mr.. Lincoln
his supposed war power alone, and, eOmmanderin-
chief upon military necessity" But when the war Is
over, what thenf II Mr.. Lincoln as comm mander-in-
chief COULD with the sword, RTiks down State govern
ments and destroy the Union, undsr what power can
Mr.. Lincoln as President set up State governments
and build up new Unioaa The war power was dis
covery. II had never been supposed the President as
cOmmenderinehef had any greater pOWsf than any
other commander in-chief would have But the aFRu.
ment was that the power Of Mr. Lincoln commander
chief was greatly enlarged By Yrture OF his union
with Mr. Lincoln a. President that he could over
throw State institutions and governments and do maay
acts which no mere commander In chief could do.
But to serve the present purpose the argument must
be extended. II must now be urged that the civil
power Of Ar Lincoln President hes been greatly en-
argtd by vriuo Of his union with Mr. Lincoln as com
mander-n-chis that he row build up new State
governments and new Union the ruins Of the old
one, aud do many acts which mere President could
stherUise dos and the last argument would be Just "a
sound as the hrs IL d0es violence the general prn
eipe, but only extends it. True there would seem 70
be danger that by this mutual importation Of powsra
hrzt by the President TO the commander chief
stToy and then by the commander in chief to the Pres
dent TO build up the two officials IN the one, Mr. Lin
coin might swallow up all power executive legislative
snd Judicial and SO put end to the Governments Of
our fathers Yes sir, and that Is really what Is being
rapidly contaminated by the Jacobns in the North
der su6tetuEss Ike these of the most disgrEeefp and
| shameful character
sr if these States are still In the Union, the power