Wyoming democrat. [volume] (Tunkhannock, Wyoming Co., Pa.) 1867-1940, 1867-12-11


conflict with the Constitution, | dare not
permit myself to doubt that you will imm"'
diateIv 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 seen at once that they are not au,
thorized. To dictate what alterations shall
be made in the Constitutions of the several
States; to control the elections of State
legislators and State officers, members OF
Congress and electors of President and
Vice President, by arbitrarily declaring
who shall vote and who shall be excluded
from that privilege to dissolve State leg
isIatures or prevent them from assembling
to dismiss judges and other civil function
aries ofthe State, and appoint others with
out regard to State law; to organize and
operate all the political machinery Of the
States; to regulate the whole admnistra-
ton of their domestic and local affairs &C,
cording to the mere will of strange and ir,
responsible agents, sent among them for
that purpose--these are powers not grant
ed 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 positive interdict; for the Constitution
forbids to do whatever it does not afiirma-
lively authorize either by expressed words
or by clear implication, If the authority
we desire to use does not come to us thro'
the Constitution, we can exercise it only
by usurpation and usurpstion 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 private right. 1t leads
directly and Immediately to the establish
ment 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
ungranted power, bnt many of their pro-
visions are in conflict with the direct pro-
hibtions of the Constitution. The Consti-
tuition commands that republican form of
government shall be guaranteed to all the
States; that no person shall be deprived of
life, liberty, or property without due pro
cess of law, arrested without judicial war
warrant, or punished without fair trial
before an impartial jury that the privi-
lnge of hdJe0S corpus shall not be denied
IN time of peace and that no bill of at
tainder shall be passed even against sin
gle individual. Yet the system of measures
established by these acts Of Congress does
totally subvcrt and destroy the form AS
well as the substance of republican govern
ment in the ten States to which they apply.
1t binds them hand and foot in absolute
slavery, and subjects them to a strange and
hostile power, more unlimited and more
likely TO be abused than any other now
known among civilized men. 1t tramplcs
down all those rights in which the essence
of liberty consists, and which free govern
ment is always most careful TO protect. 1t
denies the habeas corpus and trial by Jury.
Personal freedom, property, and life, if as
sailed by the passion, the prejudice, or the
of the ruler, have no security
whatever. 1t has the effect of bill of at
tainder, or bill of pains and penalties, not
upon a few individuals, but upon whole
masses, including the millions who inhabit
the subject States, and even their unborn
children. These wrongs, being expressly
forbidden, cannot be constitutionally in.
ficted upon any portion Of our people, no
matter how they NAV have come within
our jurisdiction, and no matter whether
they live in States territories or districts.
/ have no desire to save from the prop
er and ust consequences Of their great
crime those who engaged IN rebellion
against the government; but as mode of
punishment, the measures under consider
alton are the most unreasonable that could
be invented. Many of those people are
are perfectly innocent; many kept their
fidelity to the Union untainted to the last !;
many were incapable of any legal offence !;
large proportion even of the persons able
to bear arms were forced into rebellion
against their will and Of those who are
gnilty with their own consent, the degrees
of guilt are as various as the shades of their
character and temper. But these acts of
Congress confound them all together in
one common doom. lndiscriminate ven
geance upon classes, sects, and parties, or
upon whole communities, for offences COM
mitted by portion of them against the
governments 10 which they owed obedi-
ence, was common in the barbarous ages
of the world. But christianity and civili-
zation have made such progress that re-
course to punishment so cruel and un-
just would meet with the condemnation of
all unprejudiced and right-minded men,
The primitive justice of this age, and espe-
cially of this country, does not consist in
stripping whole States of their liberties,
and reducing all their people, without dis
tinction, tp the condition of slavery. 1t
deals separately with each individual, con-
fines itself to the forms of law, and vindi-
Gates its own purity by an impartial ex
animation of every case before competent
judicial tribunal. If this does not satisfy
all our desires with regard to Southern reb-
els, let us console ourselves by retfecting
that free Constitution, triumphant in war
and unb, oxen in peace, is worth far more
TO us and our children than the gratifica-
ton of any present feeling.
am. aware it is assumed that this sys-
tenn Of government for the Southern States
is not to be perpetual. 1t is true this mil