The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-03-12

rights which they were not legally bound
20 respect. The head Of great empire
has sometimes governed with mild and
paternal sway; but the kindness of an
irresponsible agent never yields what law
does not extort Between such master
and the people subjected to his domina-
tion, there can be nothing but enmlty.-
He Furnishes them if they resist his au-
thorlty, and if they submit to it he hates
them for their servillty. Il
| come now to a question which is, II
possible, still more important. Have We
the power to establish and carry into ex.
ecution measure like this? | answer,
certainly not If we derive our author
ity from the Constitution, and if we are
bound by the limitations which it i'm
poses, the proposition is perfectly clear
that no branch of the Federal Govern
ment, executive legislative or judicial,
can have any just powers except those
which itderives through and exercises un-
der the organic law of the Union. Out
side of the Constitution we have no legal
authority more than private citizens, and
in it we have only SO much as that lnstru-
ment gives us. This broad principle
limits all our functions and applies to all
subjects. 1t protects rot only the citi-
zens of the United States which are with
in the Union, but shields every human
being who comes, or is brought under
our jurisdiction.
We have no right to do in any one
place more than in another, that which
the constitution says We shall not do at all.
If, therefore, the Southern States were in
truth cut of the Union, we could not
treat their people in manner which the
fundamental law forbids. Some people
assume that the success of our arms in
crushing the opposition which was made
in some States to the execution of the
Federal laws, reduced those States and
all their people-the innocent as we'll as
II the guilty-to condition of vassalage
and gave US power over them which the
Constitution C does not bestow, or define
OF limit. No fallacy can be more trans
parent than this. Our victories subject
cd the insurgents to legal obedience, no
to the yoke of an arbitrary despotism:-
, When an absolute sovereign reduces hi
3 rebcllious subjects, he may deal witt
them according to his pleasure, becaus
f he had that power before; but when
a limited monarch puts down rebellion
S he must govern according to law. If a
e insurrection should take place in one 0
/. our States against the authority of tn
: State government, and end in the owe
2 throw of those who planned it, would
take away the rights of all the people
: the counties where it was favored by
d part or "a majority of the population?.
: Could they for such reason be who'll
IS outlawed and deprived of their represer
It tatlon in the Legislature?
5: [ have always contended that the toy
i ernment of the United States was sovei
n eign within its constitutional sphere
l. that it executed its laws like the State
is themselves. by employing its coerclN
l. powers directly to individuals, and th
j; it could put down insurrecttiion win Ii
ID same effect as State. The opposite do
a triue is the worst heresy of those W.
5. advocate secession, al anu cannot be agree
RS to without admitting that heresy to
in right. Invasion, insurrection, and d
OF mestic violence we're anticipated when Il
ir Government was framed, and the mea
~ of repelling and supprcssing them we
n wisely provided for in the Constltutlo
it but it was not thought necessary to d
=, clare that the States in which they mig
n occur should be expelled from the Unlc
or 2ebellions, which were invariably su
he pressed, occurred prior to that out
which these questions grew.butthe Sta
ot continued to exist and the Unionremal
he ed unbroken. In Massachusetts,, in Per
ty, sylvania, in Rhode Island, and in n
" York, at different periods in our histt
to violent and armed opposition to the U
nd ted States was carried on, but the re
he tions of those States with the Fede
ay Government were not supposed to
rm interrupted or changed, for the rebelll'
SO portion of the population were detea
lie and put down. 1t is true, that IN tn
of earlier cases there was no formal EXPIRE
ion of a determination to withdraw fr
~ the Union, but it is also true that In
nh. Southern States the ordinances OF sect
tin ion we're treated by all the friends OF
bot Union as mere nullities, and are now
di kuowledgsd to be SO by the States tn
de- selves. T93 -
be- If we admit that they had any force
cen validity, or that they did, in fact t
for the States in which they were passed ou
hat the Union, we sweep from under our
ish all the grounds upon which we stand
It justifying the use of Federal force
ten maintain the integrity of the Governm
sex This is a bill passed By Congress
hin time of peace. There is not in any
de- of the States, brought under its op
4 ton, either war or insurrection.
as laws of the State and Of the Fed
,ver Government are in undisturbed aud
monious operation. The courts, s
the and Federal, are open and in the full
ami. ercise of their proper authority over e
and State in the FIVE Military Districts. !
do liberty and property are secured BY
9 as laws and Federal laws, and the Natl
any Constitution is everywhere in force
the everywhere obeyed.
does What then is the ground on which
rity bill proceeds? The title of the bill
man nounces that it is intended for the
g or cient government of those ten States
and is reeited by way of preamble tha
,uny legal State Governments, nor adeq
l. nrotaotinn for Life or nrnnertY exi