The Portland daily press., 1866-09-08

over tbe eves If tbe 1detested Yankees" How
far thew will succeed in doing this the fall e.
ections of 1866 will prove
Even were the amendment legally adopted
it does not require much reflection 10 see the
fallacy of this fair-seeming copperhead argu-
ment. Laws, to be effectual, must be based
upon the AVERAGE SENTIMENT of the peo-
pie. The average intelligence, education and
moral character of the people will, in the long
run, determine the form of government and
the complexion of the laws of people. The
French, with their intense love of individual
liberty are satisfied with despotism The
centralizing system which places all the pub
lie and business affairs of life under the care
of the Imperial government just suits the care
less, gay, frivolous nature of the French peo-
pie, who will submit to any number OF petty
inconvenience, rather than have the trouble OF
occupying themselves with theories of govern
ment or foregoing the pleasures of their fairs
and ballsand festivals. twas the terrible MA
TERIAL and PHYSICAL oppression Of the 18th
century which reused the French to the great
Revolution. Tocqueyille, in his "Ancien Re-
gime," has shown that there was no change
whatever in the theory of the government
1t was still centralized despotism, but it was
humane and not tyrannical. Thus, too, in
England, the sturdy independence, the COM
prehensive and noble ambition and the moral
elevation of the people have preserved the
most sacred of their liberties under a mon
archy, which, but two centuries and half
ago, was practically absolute. The growth of
England has been constant, healthful
growth, showing down of the roots into the
earth as well as spreading forth into the air.
If there is principle at the foundation Of
our form Of government, it is that of liberty
| and equal rights to all men-the fullest and
most unrestrained power for individual
| growth, with no more interference ON the part
of the government than is necessary to pro-
tect lite and property and preserve order. This
principle is announced in our Constitution
and runs through all our diplomatic action,
all our wars and all our laws, as the golden
| light of sunrise irradiates the earth From
the commencement of our career up to 1856,
| buC A1oo vi ihoOhiSOht PSCPAI5 SolSSiOuc vi
the truth and justice of those principles upon
which our government is founded, devoted
themselves to the development of the material
resources OF the country, leaving the smaller
intellects and the lower orders of character to
dabble in the dirty pool of politics. But, in
| 1861, the crisis was upon us and il became
doubtful whether we could preserve even a
remnant OF the most precious jewel in our
crown. We found existing, not in foreign des-
potisms and monarchical governments alone,
but in our own midst, right by our side, a peo-
PIE who entertained the most bitter and de-
termned hostility to the fundamental princi-
Piles ofrepublican government and who fought
La long, bloody war, to the loss of a large pro-
portion of their able bodied men and of near
| ly all their property, for the sole and avowed
purpose of burging those principles out Of
sight in this country. The question now aris
es whether the people of the Southern portion
of the country are any better fitted at this
time by education, temper and moral eleva-
ton, to partake in the administration of the
government, than they were when, five years
ago, they rose, suddenly ard with singular
unanimity, to overthrow and destroy it. If
they are, the southern states should be admit
+, ted; if not, loyal fidelity to high and SOL
emn truths calls imperatively for their exclu-
sion from positions in which they may again
plot the mischief they have once been thwart-
ed in accomplishing. Written laws are ne
cessary and useful only because they express
| the will and harmonic with the character of
the people. They are absurd when they run
counter to cherished and established popular
opinions. If, therefore, law is passed pro-
hibiting slavery in community which afiirlns
and is violently attached to anti-republican
principles, such a law is not worth the paper it
is written on. 1t will inevitably be eyaded. No
human power can enforce it. This is the
ground taken By the Joint Committee on Re
construction, as stated by Mr.. Fessenden on
page 10 of the final Report.
To ascertain chetlter any Of the so-calEed Con-
ederate States "are entitled to be represented IN
either house of Congress- the essential inquiry
is aohether there is, in any one Of them, constit
uency qualified to be represented an Congress-
The question how far persons claiming seats
in either house possess the credentials neces-
sary to enable them to represent a duly quail
fed constituency is one for the consideration
of each house separately, after the preliminary
question shall have been finally determined.
1t will be readily seen that there are many
branches of this inquiry. Let us confine our
selves to the question, what is The feeling of
the Southern people towards the freedmen.
A large number of witness testified before the
Committee, that they believe it would be az
tempted to introduce, by State laws, system
of slavery which would be worse than the
original institution. This prediction is fully
verified.
In nearly all the Southern States the pun
ishment for some kinds Of crime is different
in case ola white person from what it is in
the case of colored person. In all the States
there is 'vagrant law" by operation of which,
through the machinery OF the petty courts,
colored persons may be reduced to actual slav-
cry for period of time. A few samples Of
these laws will suffice to show the tenor of all.
In Mississippi the act provides that the judges
of the Probate Courts SHALL apprentice ALL
colored persons mulattoes &C., un'ler eighteen
years of age, whose PARENTS refuse or are un-
able to support them. This OF course applies to
orphans under eighteen who are support
ing themselves, and disposes of their labor
to some suitable person until they are
twenty-one. No provision is made for COM
pensation except where the apprentice runs
away for what may appear to the court 'good
cause. The vagrant act of Mississippi pro-
vides that all freedmen, free negroes and mu-
lattoes in this State, over the age OF eighteen
years, found on the second Monday in Janua-
ry, 1866, or thereafter, with no lawful employ
ment or business, or found UNLAwFULLY as
sembling themselves together either in the day