The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-06-05

States have been denied the first great
right guaranteed by the Federal Constr
tution-the right which is essential to free
government--that right without which all
government is lawless usurpation, which
it is always right and frequently duty
to resist with all the means which God
and nature have put iuto5 cur hands--I
mean the right of representation.
We have a wonderful spectacle presen-
ted to US. Scarcely year has elapsed
since Lee surrendered-yet the Confede-
rate Government has entirely disappeared
and the Federal Government has taken Its
place ln the States cid Constitutions
have been abolished and new ones have
been established-old governments have
been thrown down and new ones set up
old officers have been expelled and others
selected. The States are exercising all
the functions Of government necessary to
the preservation Of civil society. They
preserve order, punish crimes, protect life
and property. They regulate the rela-
ton of husband aud wife, parent and
child, creditor ard debtor. They collect
debts. enforce contracts, regulate descents,
establish corporations, charter cities, con
troll public education Aud whe has said
they were not sufficient for these. things?
Mr. Seward, in the speech from which I
have quoted, says that the return of the
Southern people to their Federal allegi-
ance is without parallel in history. Yet
Congress for six months has devoted it.
self to the invention of odious constitu-
tional amendments. which we're intended
to. deprive the States of their just powers;
and to the passage Of odious laws, which
were Intended, If obeyed, to reduce the
people to the most degrading submission,
or if not otsobeyed to produce irritation and
bitterness aud threats of resistance from
which it was hoped to deduce the necessi-
ty OF establishing military governments
and enforcing martial law.
And why is this? Is it because they
hate the Constitution Of the United
|States-because they hate our system Of
government? They hate its two funda-
mental ideas confederation: granted and
reserved powers. They admire the
strength Of consolidated government
and confide in the wisdom of an over
shadowing, absolute, irresponsible major
ity They prefer to intrust the rights
and liberties of the people, the ameliora-
ton of the condition of our race to such
a majority rather than to the progress
which consists with the checks and bal
ances of our system. / speak Of men
with whom have been long associated,
whom / know intimately & Ierecognize
their intelligence and private worth. l
do not question their integrity, or the
sincerity of their motives, Yet. repeats
] believe they hate our system of govern
ment and desire its overthrow. WHAT IS
that system? | will not detain you either
with an analysis Of its parts or his
tory of its formation. The exigency Of
their condition required that the interna-
tional affairs and the commercial inter
course of the States should be placed un-
der one head. They we're committed to
the Federal Government All other pow
ers and subjects we're reserved to the
States. The States were to regulate the
civil and political rights of their citizens
and SO guarded were those who made the
Constitution, that while in respect to for
eign affairs, they gave to the Federal
Government absolute, exclusive jurisdic
ton. in domestic affairs they so entirely
excluded it that it has no power to try Of
punish an assault by one citizen of Ohio
upon another, or collect simple prom
issory note as between the same parties
And this is the system which Congress has
determined to subvert and destroy l''s +
Let me illustrate more particularly my
meaning. Take the Freedmen's Bureau
bill. A law intended to answer the same
purpose was in full force; its provisions
seemed ample; there was no complain
on that score from any quarter; it was tt
expire within year after the close of th'
rebellion IF the object of this new bill
were only to extend the time, a singh
section in two lines would have been suf
I, feient If in any one point enlarge,
powers were needed another section equal
lily brief would have suffced. But nei
ther 81 these was the true purpose of tn
J bill. Its main object is explained in th
eighth and ninth sections The eight
section provides that in all States wher
|, the jurisdiction of the civil Courts ha
been suspended, and where, by reason Q
} any law, custom or prejudice, the sam
civil rights which have been accorded t
the white man. have not been accorded t
: the negro, the Presiden: shall extend I
all cases relating to persons SO discrimi
mated against, military jurisdiction an
, protection" and the ninth section de
clares that the agents of the Freedmen
Bureau shall under the direction of th
War Department take cognizance of a
: cases of this nature, and shall try, an
. if guilty. punish by fine and imprisor
+ ment, all State officers who enforce an
e such determinations created by Sta
e laws-"All cases relating to persons s
e discriminated against!'' What does th'
G mean? Did you ever consider it? A
i cases, criminal and civil-whether to pul
: ish crimes, or to enforce contracts. or
Il compel fair dealings. Relating to SUE
: persons whether the suit be between
!. white man and negro, or between tv
Il negroes-w whether the indictments
n against white man for beating a negr
! or against negro for assaulting a viii
j man, or even a negro. military juri
e diction land what is that, pray? Wh
the Jurisdiction Of a drum head coul
y martial, or of military commission u
J. der the artielas of war. which the Cons