The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-12-12


intelligent men then saw the neces-
sity of giving such al assurance,
and believed that without it war
would end in disaster to our cause.
Having given that assurance in
the extremity Of our peril, a vio-
lation fit now, in the day of our
power would be a rude rendiDg Of
that good faith which holds the
moral world together. Our coun-
try would cease to have any claim
upon the confidence of men. 1t
would make the war not only a
failure but a fraud. 1.stl
Being sincerely convinced that
these views are correct, | would
be unfaithful to my duty 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 satisfy a ma.
.jority of your honorable bodies that
the. acts referred to are not only a
violation ofnational faith, but IN di.
rect conflict with the Constitution,
i dare not permit myself to doubt
that you will Immediately strike
them from the statute books.
To demonstrate the unconstitu.
tional 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 dictate what altera-
tions shall be made in the Consti.
tutions of the several States to
control the elections of State legis-
lators and State officers and mem
bers Of Congress and electors OF
the President and Vice President,
by arbitrarily declaring who shall
vote and who shall be excluded
from that privilege; to dissolve
.-tate Legislatures Or prevent them
from assembling; TO dismiss Judges
and other civil functionarles OF state,
and appoint others, withoutregard
to State law /; TO organize and op
crate all the political machinery ol
the States; 10 regulate the whole
administration OF their domestic
aud local affairs according to the
will OF strange and irresponsible
agents sent among them ior that
purpose. These are powers not
granted to the Federal Govern
ment ortc any one OF its branches
Not being granted, we violate our
trust by assuming them as palpa-
bly, us we would by acting IN the
lace Of u positive interdlct ; for
the Constitution tOrbids US to dc
whatever it does not atfil matively
authorize, either by express words
or by clear implication. If the
authority we desire to use does moi
come TO US through the Constitu
tion, we can exercise it only by
usurpation, and usurpation is The
most dangerous of political crimes
BY that crime the enemies of free
government in all ages have work
ed out their designs against public
liberty and private rights. IL Leads
directly ana Immediately to the es
Lablishment Of absolute rule, tol
undelegated power is always un
limited and unrcstrained.
The acts Of Congress in question
are lot only Objectionable tor thcil
assumption oi uugranted power
but many OF their provisions are it
conflict with the direct prohibition
of the Constitution. 1t commando
that republican form of govern
ment shall be guaranteed TO all th'
States; that no person shall be de
prived of lite, liberty or propert,
with out due process OF law, arrest
ed without a judicial warrant, o
punished without fair trial be
lore an impartial jury; that III
privilege of habeaS corpus shall no
be denied In time OF peace, an,
that no bill Of attainder shall b
passed, even against a asingle indi
vldaal. Yet the system OF meas
ures established by these acts q
Congress does totally subyert an,
destroy the form as well as th
substance of republican govern
ment in the ten States to whicI
they apply. 1t binds them ham
and foot IN slavery, and subject
them to a strange and hostile pow
er more unlimited and more llkel,
to be abused than any other nov
known among civilized men. !
tramples down all those rights j
which the essence OF liDorty con
slsts, ana wh'ch iree government
always most careful 70 project,
denles the nooeaS' corpus ano- IRA
; by jury. Personal freedom, prop
erty aud llie, II assalled Dy the pa'
sion, prejudlce or ihcaPaclsy " u
| lnna Nan nWYn N