Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1867-12-13


fraud. lla sassS- D~a'F-ro1
Beng sincerely convinced thatthese
views are correct, / would be mnfaith-
ful to my duty if did not recommend
the repeal of the acts of congress which
place ten of the southern states under
the dominion.of military masters. II
calm reflection should satisfy major
'ity OF your honorable bodies thas the
acts referred to are not only viola,
ton of the national faith, but in direct
conflict with the constitution, | dare
not permit myself to doubt that you
will Immediately strike them from the
statute book.g HG. DIS tseadli lt
To demonstrate the unconstitntion-
al character of those acts, / need do
no more than refer, to their general
provisions. 1t must be seen at once
that they are not authorized. To die
tate what alterations shall be made IL
the constitutions Of the several states /;
to control the elections of state legis-
latures, state officers, members of con-
gress, and electors of president and
vice president, BY arbitrarily declar-
ing who Shall vote and who shall be
excluded from that privilege; to dis
solve state legislatures or prevent
them from assembling; to dismiss iudg-
eS and other civil functionaries of "a
state and appoint others, without re-
gard to state law; to organize aad
operate all the political machinery of
states; to regulate the whole admins
tration of their domestic and local af-
fairs according to the mere will of
strange and ponsible agents, sent
among them for that purpose ;-these
are not powers granted to the federal
government or to any one Gifts branch
es. Not being granted, we violate
our trust by assuming them as palpa-
bly, as we would by acting in face Of
a positive interdict; for the constitu-
ton forbidS Us to do whatever it does
not affirmatiyely authorize, either by
express words Or by Clear Implication.
If the authority We desire to use does
not come to US through the constitu-
ti0n, we can exercise it only by usur-
patton; and usurpation is the most
dangerous of political crimes. BY
that crime the enemies OF free govern
ment in all ages have worked out their
designs against public liberty and pri-
yate right. 1t leads directly and i'm.
Imediately to the establishment Of de.
spotic rule; for undelcgated power is
always unlimited and unrestrained.-
The acts OF congress in question are
not only Objectionable for their as
sumption OF ungranted power, but ma
ny of their provisions are in confiic
with the direct provisions of the con
stitutiOn. The constitution command,
that republican form Of government
shalt be guaranteed to all the states
that no person shall be deprived of
life, liberty or property without due
/ process OF law, arrested without ia
dicial warrant or punished without f;
fair trial before an impartial jury
tat the privilege of ha6eaS corpus shall
not be denied III time Of peace, anC
that 10 bill Of attamdcr shall be pass
z ed even against single Individual
Yet the system OF measures establish
ed by these acts OF congres5 does to
tally subyert and destroy the form a.
well as the substance of republican
government in the ten states to which
they apply. Ii binds them hand anl
foot III absolute slavery, and subjects
them to a strange and hostile power
more unlimited and more likely to b,
abused than any other now known
among civilized man. 1t trample.
down all those rights In which the es
sence OF liberty consists. and which /;
free government is always most care
iuI to protect. Ii denies the habeti
corpus and trial 10y jury. Persona
freedom, property, and lille, ii asSaileI
by the passion, the prejudice, or rapa
city OF the ruler, have no Securitl
4 whatever. 1t has the effect OF bil
Of attainder or bill OF pains anC
penalties, not upon a few individuals
but upon whole masses, including mil
lions who inhabit subject states, AM
even, their unborn children. Thes
wrongs, being expressly forbidden
constitutlonaily y cannot be inflicted uL
Oh any porLlOn oIour people, no mat
ter how they may have come with
our jurisdiction, and no matter whetl
er they live In states, territories or dis
tricts. o4 !. sJaltagl - 18alatw u5.
| i have no desire to save from tn
proper and just consequences of thei
great crime those who engaged in re
belIion against the government; bu
as a mode OF punishment, the meas
lures under consideration are the mos
unreasonable that could be invented
Many OF those people are perfectly il
nocent; many Kept their fidelity to th
, Union untainted to the last; man
were incapable of any legal offence
a large portion, even OF persons abl
to bear arms, were forced into rebe
lion against their will; and OF thos
VINO are guilty with their own consent
the degrees Of guilt are as various a
the shades of their character and ten
per. But these acts of congress con
found them all together in one commo
doom. Indiscriminate vengeance uI
ION classes, sects and parties, or upo
: whole communities, for offences com
nitted by a portion OF them agains
/, the governments to- which they owe.
!, obedience, Was common in the barbaf
Gus ages OF the world; but Christian
,Iity and civilization have made sue
progress that recourse to a punish
.,,a,,t 81 or,aI aud ,rnit, # wnltd mo 4.