The Portland daily press., 1866-03-12

the state mas labOred. / do not know OF one
instance In which it has assisted in the restor-
alton OF law and order, or that they have ex-
ercised any power unless in something which
would bring on conflict with the national
troops, or to hang some freedman, or search ne
gro houses for arms. Only short time ago
Gov. Humphreys admitted to me that two
companies OF the militia had sworn that in
their counties no negro who did not work for
his old master, and that no Yankee could live,
that they would drive out the thieving Yam
KEGS, and shoot the niggers.' This is an ex-
IRENE case, in which the Governor revoked
the commissions of the officers, and disbanded
the companies. l believe his Excellency is in
favor OF conservative measures, and that many
oil the militia would blush at the recital OF the
outrages committed by some Of the members"
have here number of communications of
a similar character, showing that by the laws
in some OF the Southern States, pass system
still exists, and that the negro really has no
protection afforded him, either by the civil au-
thorltles or judicial tribunals of the State. l
nave letters showing the same thing in the
State of Maryland, from persons whose char
acter IS vouched for as reliable. Under this
state OF things, the President tells us that the
freedman should be protected "by the exercise
or all the constitutional powers of the courts
OF the United States and Of the StateW In
Kentucky, Maj. Gen. Palmer, in response to
request that he should recommend the restor-
alton OF the habeas corpus, declined to do so:
For the reason that returned rebels, of
whom there are twenty thousand in the State,
are openly regarded and treated as patriots,
whereas loyal citizens and soldiers are objects
OF prejudice, dislike, and often of persecution;
because courts in many instances are permit
ted to become the instruments, of the ven
geance OF those who are hostile to loyal men;
because laws are enforced tending to embar-
rass the citizens formerly slaves, but now free
men, and that the Government is bound to
protect them until they shall have the same
privileges as other citizens before the law; be-
cause outrages have been committed upon ne
groes which have been allowed to 60 unpun-
lshed; in fact, no single instance has existed
lin which punishment has reached the aggres-
sors, because negroes have been murdered and
their murderers have escaped because of the
incompetency OF negroes to testify against
them; and, finally, because there are illegal
combinations OF men in the State, got up to
drive colored men out of it, to prevent them
finding employment, and such persons are al
lowed to act with impunity." HL
But, sir, the President most strangely of
all dwells upon the unconstitutionality of this
act, without ever having alluded to that pro-
vision OF the Constitution which its advocates
claim gives the authority to pass IT. Is it not
most extraordinary that the President of the
United States returns bill which has passed
Congress, with his objections to it, alleging it
to be unconstitutional, and makes M aIlnc;on
whatever in his whole message to that provi-
sion OF the Constitution which, in the opinion
OF its supporters, clearly gives the authority
to pass it9 And what is that? The second
clause of the constitutional amendment, which
declares that Congress shall have authority
by appropriate legislation to enforce the ar
ticle which declares that there shall be neither
slavery nor involuntary servitude throughout
the United States. -igt I'D.
If legislation be necessary to protect the for
mer slaves against State laws which allow
them to be whipped if found away from home
without pass has not Coneress, under the
second clause of the amendment. authority to
provide it? What kind of freedom is that
which the Constitution of the United States
guarantees to man that does not protect him
from the lash if he is caught away from home
without pass? And how can we sit here and
discharge the constitutional Utilization that is
upon us to pass the appropriate legislation to
protect every man in the land in bis freedom
when we know such laws are being passed in
the South, if we do nothing to prevent their
enforcement9 Sir, so far from the bill being
unconstitutional, should feel that [ had
failed in my constitutional duty if l did not
propose some measure that would protect
these people in their freedom. And vet this
clause OF the Constitution seems to have
escaped entirely the observation of the Pres
ident. t so fa 4s- -
come now to the last of the objections to
this bill, and rejoice that it is the last, both
because 1 am exhausted, and because it has
been an unpleasant duty to dwell upon this
veto message. The last objection which the
President takes is this
az cannot but add another very grave OBJ
lection to this bill. The Constitution impera-
lively declares, in connection with taxation.
that each State shall save at least one Repre-
sentative, and fixes the rule for the number to
which, in future times, each State shall be en-
titled. 1t also provides that the Senate of the
OF the United States shall be composed of two
Senators from each State: and adds. with ne
culiar force, that no State, without it's con-
sent, shall be deprived of its equal suffrage in
the Senate The original act was necessarily
passed in the absence OF the States chiefly
affected, because their people were then con-
tumaciously engaged in the rebellion Now
the case is changed, and some, at least, of those
States are attending Congress by loyal repre-
sentatives, soliciting the allowance of the Con-
stitutional right OF representation" y SIS
+" at present all the people of eleven States
are excluded; those who were most faithful
during the war not less than Others"
The President objects to this bill because it
was passed in the absence Of representation
from the Iebellious States. If that objection
be valid, all our legislation affecting those
States is wrong, and has been wrong from the
beginning. When the rebellion broke out, in
the first year of the war, we passed law tor
collecting direct tax, and we assessed that
tax upon all the rebellious States. According
. to the theory of the President that was ali
wrong, because taxation and representation
did not go together. Those States were not
represented. Then, according to his argll-
ment-I will not read all of tive were bound
to have received their Representatives, or
else not legislate for and tax them. He in
sists they were States in the Union all the
time, and according to the Constitution each
State is entitled to at least one Representa-
tive. M 5aa.sl f II m
If the argument that Congress cannot legis-
late for States unrepresented is good now, it
was good during the conflict of arms, for none