The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-03-05

that an act of Congress Is proposed
which, If carried out, would deny .
trial by lawful court and juries to nine
millions of American citizens, and "a
their posterity for an indefinite period.
1t seems to be scarcely possible that
any one should believe this consistent
with Consultation which declares, in
simple, plain and unambiguous Ian
guage, that all persons shall have that
right, and that no person shall in any
case be deprived OF it.
The Constitution also forbids the ar
rest OF a citizen without Judicial war
rant founded on probable acuse. This
bill authorises arrest without warrant
at the pleasure OF military comman-
DER. The Constitution declares that no
person shall be held to answer for a
capital or otherwise infamous crime,
unless on preSentment by a Grand
jury. This bill holds every person not
a soldier answerable for all crimes and
al charges without any presentmenl
Inc constitution declares that no per
son shall be deprived of life, liberty or
property without due process of law,
Ihis Dill sets aside all process of law,
and makes the citizen answerable in
his person and property to the will of
one man, and in his life 20 the will of
two.
Finally, the Constitution declares
that the privilege of the writ of hd6edS
corpus shall not be suspended unless
when in case of rebellion or invasion
the public safety may require it, where
as this bill declares martial law, which
OIL itself suspends this great writ in
time OF peace, aud authorizes the mill
taTy to make the arrest. aud gives to
the prisoner only one privilege, and
that Is a trial without unnecessary de-
lay. he has no hope of release from
custody, except the hope, such as it is.
OF release by acquittal before a mill
tary commission.
The United States are bound to guar
antee to each State Republican FORM
of government. Can it be. pretended
that this obligation is not palpably
broken II we carry out measure like
TINS, which wipes away every vestiCe
OF republican government in ten
states, and puts the life, property, lib
erty and honor OF all the people in each
of them under the dominion Of a SINGLE
person clothed with unlimited authori-
" Inc Parliament of England, ex-
erclsing the omnipOtent power which it
and which was accustomed to
pass bills OF attainder-that is TO saw. il
would convict men OF treason and other
crimes by legislative enactment-the
person accused had a hearing, some
times patient and fair one, bat gen.
orally party predjudiee prevailed iu-
stead OF justice. Il often became neces-
sary for Parliament to acknowledge its
error and reverse its own action. The
fathers ofour country were determined
that no such thing should occur here.
They withheld the power from Con
gress, and thus forbade its exercise by
that body; and they provided in the
that no State should pass
any bill OF attainder. 1t Is, therefore,
impossible for any person in this
country 10 be eonstitutionally convic-
ted or punished for any crime by u leg
islatiye proceeding of any sort.
Nevertheless, here is z bill of attain
der against nine millions of people. 1t
IS based upon an excuse so vague as to
be scarcely intelligible and found to be
true upon no credible evidence. Not
one OF nine millions was placed on his
own defense; the representatives, of the
doomed parties were excluded from all
in the tTial. The conyic-
ton is TO be followed by the most iguo-
minious punishment ever intiicte d on
large masses OF men; it disfranchises
them by hundreds of thousands and
them all, even those who are
admitted to be not guilty, from the
rank of freemen to the condition of
slaves. Inc purpose and object of the
OIL, the general intent which pervades
II, from beginning to end, is to change
the entire structure and character of
the State governments, and compel
them oy force to the adoption of organ
ic laws and regulations which they are
TO adopt if left to themselves.
The negroes have never asked for the
privilege of voting; the vast majority
OF them have no idea of what il means
This not only thIusts into their hands,
but compels them, as well as whites, to
1t IN a particular way; If they do not
form a constitution with prescribed ar
ticles in 1t, and afterwards elect a leg
arF I'M 81
measures, in prescribed way, neither
blacks nor whites can be relieved from
the slavery which this bill imposes
upon them.
Without pausing here to consider the
policy or impolicy of Africanizing the
Southern part of our Territory, would
simply ask the attention of Congress to
that manifest, well known and univer-
sally acknowledged rule of coustitu-
tioual law, which declares that the Fed
eraI Government has no Jurisdiction,
or power to oreGulatesuch sub
jects. For any State 10 force the right
of suffrage out of the hands of the white
people and into the hands ofthe negroes,
Is an arbitrary violation OF this princi-
pie.
This bill imposes martial law at once,
and its operation will be begun so soon
as the General and his troops can be
placed. The dread alternative between
It's ndTSn Eule ana com flllanGe with the
terms of this measure is not suspended,
nor are the people afforded any time
for free delibera.ion. The bill saws to
them, take martial law first, then de-
and when they have done all
that this measure requires them to do,
other conditions and contingencies,
over which they have no control, vet
to be fulfilled before they can
be relieved from martial law; another
Congress must first approve the Con-
stitution made in conformity with the
will of this Congress, and must declare
these States entitled 10 representation
in both Houses. The whole question
open and unsettled, aud must
again occupy the attention of Congress,
and in the meantime the agitation
which now prevails will continue to
disturb all portions OF the people.
The bill also denies the legality of the
of ten States which par
ticipated in the ratification of the
amendment to the Federal Constitu-
tiou abolishing slavery forever within
the jurisdiction of the United States,
and practically excludes them from the
Union. If this assumption OF the bill
be correct, their concurrence cannot be
considered as having been legally given,
and the important fact IS made 10 ap-
pear that the consent of three fourths
OF the States, the requisite number, has
the ratification of that amendment,
thus leaving the question OF slavery
where it stood before the amendment
was officially declared to have become
a part of the Constitution; that the
measure proposed by this bill violates
the Constitution in the particulars mem
toned, and in too many ways 10 emu
merate, is too clear 10 admit of the
least doubt.
1t only remains to consider whether
the injuuctious Of the instrument
ought to be obeyed or not. think
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