The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1866-10-27

I
the citizens of Texas, aud a majority of the
citizens of Arkansas, placed upon that
record, Immediately before the war. and upon
the very question OF severing their connec.
ton with the Union, whether peaceaby o.
by force, their solemn att station OF their
fei,lty to the constitution, the Union, and the
laws and tribunals by which that constitu>
ton was upheld, and that Union made 70
cohere. They testified and pat on record the
evidence of their fealty, at the peril OF their
lives. Where, l ask, in their names, and IN
the name of the constitution aEd laws of this
land, did congress, If It were congress, get
the jurisdiction to declare, as they have
done, that these more thHn two hundred
thousand brave and noble citizens are no
longer members of this Union ?-that its
flag Is no longer their hig Pits constitution
and laws no longer their constitution and
their laws ?-subject to be taxed, but un>
worthy to he represented?
1t was only my purpose to initiate this
question. not to exhaust it; that purpose
have accomplished. l will now examine a
corollary that springs directly from it, aud
one that directly affects the rights aud liber>
ties of every citizen of this land of one,
nearly equal moietv of them to-day; of the
other moiety of them to morrow. Because,
let no man fla;ter himself. that if the pas
sions Of a faction or = party, or the law OF
force, is hereafter to be the supreme law of
this land, instead of the CONSTIi UTlON
and the Laacs mule in pursuance Merect, that
the victories will be all or often on one side
only. The faction or the party that trlumphs
today will have educated their adversarles
10 triumph over them tomorrow. The pas
sions OF a party, or the law Of force, once
established the supreme laE OF this land
will forever remain so. They who have been
ruled by that law. becoming vlctors in turn,
will apply the same law to their advcrsa>
ries from which they have escaped then>
selves. Lei Lii in who will, portray the re
suits. | have no desire 10 trace hem here
Having shown that the body of men who.
since last December have assumed to act
as the congress Of the Urlted States, are not
a tribunal ''composed' IN the manner pre-
scribed by the constitution of the United
States, aud hence are not a congress of right,
(de Jure,) it Is not necessary to examine II.
,his place hether that body of men are IN
dowed with the functions OF congress IN
fact (de fdcto), or not. Ii they are the last,
and not the first, that i, a congress in fact,
bat not of right. the exercise By them OF the
jurisdiction and functions of congress Is a
usurTation. and that is precisely what it was
my purpose TO prove. One distinction only,
between government or tribunal IN fact,
aad one t.Iat Is 90 OF right, | will call atten-
ton to. becau.a | shall haze occasion to use
1t her after Ii is, that all that the peace
and rePose OF society require should be
sanction Ell, OF acts HtrsIny Its by govern
meut 2e tlct0. bat not he jure, the law will
st-ctDu. but nothing more.
Having shown. then, that the exclusion by
'r. l1Hy of y . fl.-r elk
gress. OF their co-senttors aud CO presenl..-
tives from ten states, IS u knrgalioG of the
rights. liberties ard fraEch4 4cs %: the people
+ those ten states. by the body OF men 50
styling themselves a congress, | will now
proceed to show that it is also a usurpatIon
of the r.h.s, liberties and franchises OF
nearly halt %, the people Of the remaining
twenty six 8tatcs. 1t i usGrp.tlon of the
rights, liberties and franchises II all, IN
e"ery statr who do not think and believe a.
that body of men themselves do. Those who
thus differ from them, may be majority or
4 THIuorily-ibe usurpation IS the - lne IN
either c est. Ii may be a small minority to-
dsv, and Il large Que nprrow-a minority
to-day. aud majority t0~morrow II that
body Of men. or any other body of men. or
tribunal-the President. the supreme Court,
or 4 congress. s.-witbLoli from a citizen. or
to participate in the suvereigl II this ua>
ton, N db ilye or impair tie fuN e6srciSs Of
IF that 1iqh. to the tull extent aud in the
uiann-r gulr.rteel 10 every citizen aud
every srate bv the constitution Of the United
States, such body Of men 50 Withholding
or i'm airing that right. are guilty Of uSur-
patton Of the rights liberties and tranChl-e,
of those from SAan those rights are with
held, CR. N WHOSE HANDS THE SANE AHE
ESSENTIALLY IMPAIRED.
That body of men who sty'e them selves
the Congress Of the United States. have
assumed to ihplu be right Of sovereignty
that is to say, the fall effect Of the elective
franchise As guaranteed by the constitution
of the United States, as tie same exists and
il held in the hands Of poiety OF the
electors of twentyssix states OF this Il Eion.
II is the indIsputablc rigit OF every eiector
to have counted with his own vote the vote
OF every other elertor who votes to effect th'.
sane objects tha. he himself does. The
value OF his electoral franchise depends
almost wholly upon that right. Deprive him
of it, let his vote stand isolated a q alone.
and what is 1t worth 20 hi who casts 1t =?
Plainly. almost nothing. Associated with
all those with whom he has right to nave
II associated and its possession becomes the
most precious Of his political rights 1t may
turn minority into ma ority, and change
the whole policy of the Government Ii il
does not 10 that, its quality OF aggregation
is yet almost equally valuable. 1t may raise
a oiry so near ma ority that, If he who
/ casts 1t has right and reason on his side, he
NAV hope 10 w:n from his opponents voices
enough to place his ideas AID policy in. the
ascendant. 1t is the only shield and guar
antee that the elector has for preserving the
| right itse Isolate his vote, and how long
would he have a vote ut all? Aggregate 1t
with al who agree with him, and it will be i'm
! possible to subvert his Fundamental rights,
| however unwlsely or oppressiveIy the majors
/ iiy may act The right OF aggregation Is
| therefore as valuable, precious, as lndis>
| pensable to him who casts his vote in d mn
nority as TO him who casts 1t IN MAJOR y.
II :" r,rvre indispensable. The majorfy's
fundamental rights are never in danger, as
long as they remain a maj jority, provided the
machinery of the Government i, in Their
hands. The minoritys fundamental rights,
aud All their rights, are in danger d, long as
they remain minority. If the ma thinery oi
! the Government is not in their hands. The
larger the minority, the better able they are
to maintain their rights and make Them
respected. These things show that the quail
| ity of aggregation is the most precious, the
| most vital quality Inherent in q freeman
vote. Deprive It of that quality, il is but a
| slip of paper. dead and inert Endowed
with it. 1t may change the pclidy and the
fate OF nation Endowed with it, the elect
or's rights and liberties are at all times se-
cure. Deprived of it, those rights and ib>
! critics are at all times at the merdy of whom.
soever is strong enough to seize them. 1t is
a right the surrender Of which cannot be
rlghtiully asked 1t is a right that canno,
he surrendered without leaving behind "a
feeling that more has been surrep epdered thar
law and right requires. If it is asked with
insolence, and repeled with indis nation, are
| not passions aroused which it is hot good for
! th> ncnnln of thus land shnuld he arnnsed 2