The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-09-28

will still remain the basis, and not the
voters; so when direct and capitatiOn
taxes are levied, they will count the
whole population, and not part OF it.
Thus you see Southern State will have
to bear as many governmental burdens
as she now does, and yet she may be
deprived Of half her governmental
power, which changes the whole ma
ture Of our system. 1t may be said
that this can ali be avoided by giving
the negroes suffrage. True, bat that is
lust what the State thinks it cannot do
without ruin. Why then should we,
outside the State, seek to compel it to
run any such risk, or encounter any
such danger?
THIRD SECTION.
The next and third section is equal
ly a violation of the whole spirit of our
Constitution. According to it no man
could be punished fop any offence, no
matter What-by the legislative de-
partment of the Government because
"bills of attainder'' and "bilIs Of pains
and penalties aref0rbidden in it. Nay
it even goes farther, and declares that
''n0 er post fact0" law shall he passed,
so that no man could be made TO suf-
fer any penalty not prescribed by law
as due to his offence before it was COM
mitted. This is the Constitution as
it now stands, and in view Of the bar
rier it presents, the Congress propose
to override its principles and nullify
-. its provisions by furnishing all those in
the South, who, after having at any
previous time taken an oath to support
the Constitution of the United States,
r0l,03taJfLy engaged in rebellion, by de
claring them ineligible to any Office un-
der either the Federal or State Govern
ments. mother words, this section is
"bill Of pains and penalties" and an
e.r post faci0 law-both in One-which
is intended toinflict anew punishment
on all the principal men of the South
for the part they took in the Rebellion,
and that without providing any mode
of trial or means Of escape, except by a
two-thirds vote Of Congress removing
the disability.
1t is impossible for one not well ac-
quainted with the result Of measures
similar to this in other countries, to es-
innate the probable amount of mis-
chief it might do in this instance. To
ostracise and prescribe the leading men
of population numbering millions,
lust at the time when we want to rec
OnCile and unite them with US in the
bonds Of loyal citizenship, is surely one
of the most rash and dangerous pro-
ceedings imaginable, and would, be-
yond any doubt, SOW the seeds Of an
, other and much more formidable re-
, beIiOn than the one we have just sup
- ,rca7scel.# cfo,t ryuI !- til o2a undor the ban
would resent it, but ali connected with
them in any way, by blood or friend
ship, would become our implacable en-
emies, and seek the first opportunity
ittI NGtl2tLliiNC III Jul VII
) dition of parties. Can any one believe
that in time, these men, bound tOgeth-
er by the ties Of common indignity,
would not form themselves into par
ty which would never tire or sleep I'M
til they had wiped away the stigma,
and made those who inflicted it, repent
that their desire for punishment had
overcome their better judgment? Let
history answer. Ithas been so always.
The question Of furnishing people
who engage in a rebellion is not we'll
understood in this country. We are
apt to forget that our system Of Gov
ernment is double in its nature-that
there are two powers ou people are
bound to obey; that is F6der0iGldSiatc
G0rel7lHaejtiS-each has its separate
claim to our allegiance, and the claim
of each within its sphere is equally val
) id. Now, suppose n conflict upon q
: question about which even lawyers
, have different opinions-how are lay
men to decide? Are 5hey to be pun
: ished because they mistake, and be
| hanged for treason in doing what they
: think they are rightin doing? Every
one answers: "NO, of course" but how
few reflect that this was just the dilem,
ma in which the Southern man was
| placed in thespring Of 1861. His State
! commanded him to secede-the Uni.
ted States commanded him to refuse
: Which was he to obey? The law here
: comes in to relieve him and says ''0j3
t the one aoho caa protect you for the tjDsc
| 5eiRg." Or, in other words, "obey the
Government, which, in fact, has the
power over you, and even if wrong
| youshalI not be deemed guilty of crime.
This, think, was the law in all times
: and with all natiOns-Why not? Is i
. not reason?
t Now, to apply this: In 1861 South
: Carolina called upon her people to Sc
: cede. If they refused, they could only
f do so, relying on the United States fol
= protection. Where was the United
; States at that time? Could they pro
tect the citizens in his refusal or not
t Let the fact ansWer.-They could not
) or did not, for the only force they ha(
q was in Fort Sumter and so far from he