Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-05

the establishment OF vigilance commit
tees, which punish, no doubt, q few GRIM
who would otherwise escape, and
in doing so commit q crime worse than
that which they punish. To substitute
military commissions for tribunals OF
criminal justice and for juries is a crime
against constitutional governments, and
against the principals Of republican lib
erty for those commissions ara only at
to be used a. the instruments OF despot-
ism. They are not a whit more worthy
Of commendation than the Star-Chsm-
Der and the Inquisitlon. They are never
governed by the principles of the crlmi-
nal law; aud we hope to live 20 see them
condemned by the people every where,
and prohibited by the Consultation.
That such an order has been issued by
the least ~oensurable of the District Com
manders, makes more striking and
pointed the following remarks of the
National HateHigencer:
When armed opposition had been put
down, the end Of the war officially pro-
claimed by the president, and every link
In the chain Of the confederation restored
10 its place, congress, assuming supreme
authority, refused 10 recognize the sece-
ding states as members OF the union, inn
posed upon them heavy disabilities, even
ts the Acknowledgement of a great ma
iority Of their white citizens, enfran-
chised all their black people, thus trans
F.rrfnr eli nn1fffna1 nnuyar m than. and
then placed over white and black a ma
ked military desPotism.
We want no fact, in this wonderful ar
ray Of ins0lence and crime, but the sim
pie one, that congress, which is 3 thing
Of the federal constitution, has organ
lied despotic government anywhere.
That is enough. That is open handed
usurpstion Of authority. A free govern
meDL deriving its powers from a written
constitution constitution which eX-
pressly provides "thAt the citizens OF
each state shall be entitled to ali privi-
leges and immunities Of citizens in the
several states such 8 government GAM
not give birth TO such a monster. We
must remember that when the constitu-
ton was adopted all political commune
ties within the scope OF the union were
called "states,n so the clause quoted
must be considered. Now let US add the
words Of Burke, when speaking in the
house of commons Of the powers OF the
British government and the rights OF the
colonies 4:
"Engiish authority and English lib
erty have exactly the same boundaries ;
your standard can never be advanced
one inch before your PRIVILEGES"
These are pregnant words They fail
with crushing weight on That monster
progeny of congress called the five mill
tsry districts They point out the way
OF revolution by the insidiOus but most
dangerous process Of legislative usurpa-
ton. Can it be said that any Of the
three great members OF the government
is irresponsible for acts which set aside
the constitution? If congress may not
be impeached, is it, therefore, beyond
the obligations and restraints Of law ?
Is there no power to preserve, protect
and defend the constitution ?o Mistakes
and errors in legislation are always bear
able, because they are incident 10 every
Of government; but the creation
Of a military despottsm Within the con-
Jurisdiction, the forcibls election
from the system of its ancient people,
aud the induction into power of the
Il laLGAklANEu bAAEhrf ere hVN EAA1AhhtH4 }
but great grimes against tbs consultation
Of the union. j. it not Il great crime 10
suppress trial by Jury 2 Is it not q great
crime to suppress the freedom Of spss9E
aud inc press Is ii not = great crime
10 subordinate the civil 10 the military
And are these crimes commit
led, too, under this government by ire
.DOnsible parties {? Is there no power to
heck the usurpatiOns Of congress- y
hat body clothed with authority to set
tBat constitution which impaFts to
{ all It's legal, representative character? |
And what is the immediate effect Of
he usurpatiOn to which we have re-
Nine states are excluded from
he federal system. They had no power
% withdraw f-gm it5 e0ugreSs hss no
l0Wer to eEpel then from il, AMI yet they
out of iE. They are out OF il by the
.esult OF the war, they tell US; they are
,ut OF it by the penalties Of their treason,
.nfOrced upon them. Who says the wsr
.1larged the powers o. cGT % tue gnFee
.reat membets ofthe constitution q? Who
maintains this absurd position thirty
months after all opposition to the gov
Fpmpnt has ceased Who made CON
,rsss a Judicial body to Try by wholesale
whole people, and condemn them to
.Dsolute disabilities Are we TO be
.espOnsible for q system Of government
hat excludes utterly from it a judicial
sI~auilshment' When We do this, let
"a at once eKaft Mr.. Holt to be its chief.
or to him and Mr.. Stanton, more than
ny other men, we are indebted for that
description OF the civil power which,
Inder the constitution, is the state.