Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-02-10
NO. 81.

surd or disloyal Where, then, Is the
authority to govern without law Ii will
| not be pretended that there is adivine right.
| We must come back, then to the fimdamens
tai law, which is the true source of all power,
and the true standard of duty for all the
people who are under our jurisdiction.
L The Committee on Reconstruction has
proposed an amendment 10 the Constitution
| excluding from the basis Of representation
all persons denied the franchise ON account
Of race or color. This proposition strikes at
the Constitution in its most vital particular,
and has many advocates without much con-
sideration. The whole question Of repre-
sentation was settled by our fathers with
| great difficulty, after. a most careful and
matured deliberation. 1t is unwise to dis
turb it. The policy of amendment once in
troduced will not stop with curtailing the
representation Of the Southern States.
| Under the Constitution all legislativepowers
consist Of Senate and House Of Representa-
| tives, the Legislative powers OF the Senate
being equal 10 thatof the House. In addition
to this the Senate is part of the treaty.
| making and appointing power. II it is in
| tended that representation shall be based
upon numbers, then we must remodel that
| part of the Constitution which gives to New
| England and several of the new States a
voice so largely dispropertionate to their
| population. The six New England States
with a population less than New
York, and but little greater than Pennsyl-
vania have twelve Senators, while each Of
| the latter have but two. With this dispro-
| portionate power New England has shaped
| the policy Of the government TO her own
| advantage, in the navigation laws, in the
| fisheries, and in the protective policy. The
| great agricultural interests of the country,
and especially those States situated in the
valley of the Mississippi and aroGad the
Gulf of Mexico, have been tolled By her
| for more than fifty years. The instincts Of
| empire, stimulated by the example of amend
ment viii arouse this interest to eircum-
| scribe power 50 full Of exaction and pro-
| hibition. Such reform would readily COM
mend itself to the judgment as well as the
passions of men, and soon become an eie-
ment of party warfare. Be careful, then,
how you lay the hand Of innovation on this
part Of the Constitution.
The idea of a certain class Of politicians,
of oon6scating the lands of the South and
| parceling them out among negroes and adj
ventnrers, has for its object the extermina-
ton of the present generation of Southern
whites, and shows the barbarous aaimHs of
that most impracticable party. They
would adopt that same policy Of irritation
which was attempted by Elizabeth and
james in Ireland, and which has been fruit
ful only of heart-burning and discomfort to
the present hour.
1t is not the policy Of The government to
keep it pressed upon the minds of the
South that they are subject to q CALLING
yoke. Neither is it right. The people Of
the South when they have once given in
their adhesion to the government are as
much freemen, as much entitled TO protec-
ton in the rights Of selfgovernment, as any
portion Of the North. There is broad dis
tinction between power and right, and while
the government possesses the power, she
should exercise it in subordination to these
great principles of democracy and republi-
canism which constitute the basis Of our
system. 1t is a plain violation Of these to
force upon the South any modification of
her social condition, ANY political status not
sanctioned by her people through their law
making assemblies.
Such policy may drive people to de-
spair, may prepare the fuel for lighting
anew the flames Of insurrection; but will
never generate love for the government
which thus seeks to oppress them. True
craftsmanship will not attempt to succeed
by such means. A strict regard for Justice
abatement of extreme pretensions; steady
effort TO show the South that the war was
not waged out of hatred to her people, but
only for the preservation of the national
territory unfractured;' a careful regard for
her interests in common with those of the
other States, these, believe, are the Only
means which will ever, succeed IN obliter-
ating the silent but corroding memories OF
errors, wrongs and sufferings; Of effacing
the deep scars of civil blo9dshed and warm
ing the estranged hearts of our countrymen
towards common government once more
The expressed desire Of the South, if con-
quered, 10 belong to strong government,
and her readiness to resent the imagined
injury inflicted upon her by the neutrality
of the European powers, should be wisely
taken advantage Of to revive and rivet the
Union feeling.
We ask indemnity from England for the
rayages Of anglo-rebel cruisers. We protest
against the establishment of monarchy on
the ruins Of the Mexican republic, and we
are anxious TO preserve the national faith
and lessen the evils of redundant currency.
A cordial reunion Of the States will do more
to settle our foreign complications than Can
army with banners" 1t would stimulate a
revival of our industrial pursuits and divert
into new channels portion of our paper
issues. 1t would encourage a speedy and
active cultivation of the lands of the South,
add largely to the public revenue, and in |
crease the basis Of security for the payment |
of the public debt. Who can hesitate 70 CO. |
operate for such purpose--to restore the |
Union, TO reunite a people, to Sre-establish an |
empire free Commonwealths, and make il |
irresistible and imperishable? And yet the |
caucus of the dominant party originated the |
joint resolution and the committee Of fifteen, |
TO which is committed without debate what |
eve- relates Immediately or remotely to the |
restoration Of the Union. A policy thug |
struck out in advance Of the message has |
forestalled the action of Congress, and virtu-
ally notified the President that the "in- |
formation Of the state of the Union" which |
the Constitution requires him to give Is I'm 1
material and disregarded. It presumed the |
States in which insurrection lately prevailed |
TO be no States, and in consequence, that all |
his acts looking to their restoration were |
simple usurpations-
In the rise and progress Of this war we
have seen frightful display of the wild and /
reckless passions Of cur nature, manifesting |
itself in prescription, c0nfscati0n, and an
utter disregard Of the rights Of person and
Of freedom Of speech and publica-
Jon, and of trial by jury. If we look back
10 the instructive records Of that Common
wealth which was the greatest which pre-
ceded our own, we find that when once fac
lion which dominated resorted 10 proscrip-
lion and the qualification Of malignant pas
sion this was the natural excuse for the OPP
posite faction, on succeeding to power, of.re-
taliating the same abuses. Sylla was the
leader in this sanguinary policy. Then IL
xas freely resorted TO by Marius and by
CHINA. Even Cicero, with all his high-toned
principles, descended TO this abuse in the
punishment without law, Of the Catilinian
A reaction was the natural
20 consequences. The intiiction Of punishment
contrary to Law excited asympathy with the
vicious, and Cicero himself was soon a suf-
erer by the same code. The event proved
he wisdom Of Julius Cesar, who in the SEN
ite counseled moderation ss at all times the
rue policy. 1t does not detract from the
yalue Of Csssar's counsel that he was himself
in ttsrn-for corruption had be-
,ome too general and deep seated 10 admit
4 any but q forcible remedy--and that |
through such horrible highway of blood
be republic became merged in the empire.
ilay we not ask, do these extra-constitution-
j and unlawful acts upon the part Of our |
ulers mark the steps Of a like progress ON |
ar part toward the repose Of absolntisn 7?