The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-12-07


exercising jurisdiction which does not be-
long to them, unless those States are States
of the Union.
If the Southern States are component
parts of the Union, the Constitution is the
Supreme law for them, as it is for all the
other States. They are bound to obey it
and so are we. The right of the Federal
Government, which is Clear and unquestion-
able, to enforce the Constitution upon them,
implies the cOrrelatvc obligation on our
part to observe its limitations and execute
its guarantees. Without the Constitution
we are nothing; by, through and under the
Constitution we are what it makes us. We
may doubt the wisdom of the law. we may
not approve of its provisions, but we cannot
violate it merely bccahse it seems to contine
our powers within limits narrower than we
could wish. 1t is not Il question of individ-
ual, or class, or sectional interest much less
of party predominance, but of duty-of high
and sacred duty-which we are all sworn to
perform. If we cannot support the COnsti-
tuition with the cheerful aacrity of those
who love and believe in it, we must give to
it at least the fidelity of public servants who
act under solemn obligations and commands
" hich they dare not disregard.
The constitutional duty is not the only
one which requires the States to be restored.
There is another consideration which though
of minor Importance, is yet of great weight.
On the 22nd day of July, 1861, Congress de-
clared, by an almost unanimous vote OF both
Houses that the war should be conducted
solely for the purpose of preserving the In
ion, and maintaining the supremacy of the
Federal Constitution and laws. without i'm
pairing the dignity equality, and the rights
of the States or of Individuals and that
when this was done the war should CEASE
do not say that this declaration is person
ally binding on those who joined IN making
it, any more than individual members of
Congress are personally bound to pay pub
lie debt created under law for which they
voted. But it was a solemn, public, official
pledge OF the national honor. and | cannot
imagine upon what grounds the population
of it is to be justified. fit be said that we
are not bound to keep faith with the rebels,
let 1t he remembered that this promise was
not made to rebels only. Thousands of true
men in the South were drawn to our stand
ard by it, and hundreds of thousands in
the North gave their lives in the belief that
it would he carried out. 1t was made on
the day after the first great battle of the war
had been fought and lost. All patriot
ic and intelligent men then saw the necessi-
ty of giving such an assurance and believed
that without it the war would, end
in disaster to our cause. Having given that
assurance in the extremity of our peril, the
violation of it now, in the day of cur pow
err, would be Il rude rending of that good
faith which holds the moral world together:
our country would cease to have any claim
upon the confidence of men; it would make
the war not only Il failure but fraud
Being sincerely convinced that these views
I I,o 80 If,
ty if did not recommend the repeal of the
acts of Congress which place ten of the
Southern States under the domination of
military masters. If calm reflection shall salts
fly a majority of your honorable bodies that
the acts referred to are not only violation
of the national faith, but in direct conflict
with the Constitution, dare not permit my
self to doubt that you will Immediately
strike them from the statute book.
To demonstrate the unconstitutional
character of those acts. need do no more
than refer to their general provisions. 1t
must be sent at once that they are not au-
thOrlzed. To dictate what alterations shall
be made in the Constitutions of the several
States; to control the elections of State e-
gislators and State officers, members of Con-
gress and electors of President and Vice
President, by arbitrarily declaring who shall
privilege; to dissolve State legislatures or
prevent them from assembling; to dismiss
judges and other civil tuncti0naries of the
State, and appoint Others without regard to
State law; to organize and operate all the
political machinery of the States to regll-
late the whole administration of their do
nestle anu local affairs according to the
mere Will OF strange and irresponsible
agents, sent among them for that purpose.
these are powers not granted to the Federal
Government or to any one of its branches
Not being granted, we violate our trust by
assuming them, as palpably as we would by
acting IN the face of Il positive interdict:
for the Constitution forbids us to do what
ever it does not atfirmatively authorize eth
er by express words or by clear implication.
If the authority we desire to use does not
come to US through the Constitution, we can
exercise 1t only by usurpatinn; and usurpa
ton IS the most dangerous of political
crimes. BY that crime the enemies of free
government IN all ages have worked out
their designs against public liberty and pri-
vate right. 1t leads directly and immed1
ately to the establishment of absolute rule
for undelegated power is always unlimited
and unrestrained.
The acts OF Congress in question are not
only Objectionable for their assumption of
power, but many of their provis-
ions are in conflict with the direct prohibi-
tons of the Constitution. The Constitution
commands that a republican form of gov
eminent shall be guaranteed to all the States.
that no person shall be deprived of life, lib
erty, or property, without due process of
law, arrested without judicial warrant, or
punished without fair trial before an i'm
partial jury; that the privilege of Au5eas
corpus shall not be denied in time of peace.
and that no bill of attainder shall be passed
even against single individual. Yet the
system of measures established by these acts
u Congress does totally subvert and DESTROY
'he form as well as the substance of republi-
IAN government in the ten States to which
hey apply. 1t binds them hand and foot
n absolute slavery, and subjects them to q
strange and hostile power, more unlimited
md more likely to be abused than anv other
low known among civilized men. 1t tram
Dies down all these rights in which the es-
ence OF liberty consists, and which a flee
government is always most careful to pro-
ect. 1t denies the ha6eos corpus and the
rial by jury. Personal freedom. propertv
md life, if assailed by the passion nraiH