The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-03


There is ano,ncr consideration witch. though OF
MINOR portsnce 10 yet OF great EIGHT ON tha 22d
OF july 1851 Congress declared, ~ al almost unani-
nous vote Of both Hoases tina. the war should 80 con-
duced solely Tor we prsr" Of preserving tho Union
ton and laws Without impairing the dignity and
qualify and rights OF Stats o. lad,ylduais. and
cease / do not say that this declaration
is personally binding on those Who joined 10
Congrsss are personally bound 10 pay public debt
cres.ted under Law Tor which they voted But II
sismn public Official pledge o. national honor, and
imagine upon what grounds reputation OF 1t il
10 be justified lit be said that are bound TO
keep faith with tho reheis let il be remembered that
this pledge not made To the rebels only Thousands
OF true men the South drawn standard by
H. and hundreds Of thousands In the North gave their
lives In the belief that IL would be carried II
made ON the day after the first great battle Of the
war had fought and lost All patriotic and intolll
and believing thar without i
end disaster 10 Having given that
in the extremity OF our peril the violation Of u now In
the day of power would be rude rending OF that
good faith which holds the moral world together Our
country would TO havo any claim upon the oona
dsnce of men; IL would make the war not only failure,
Being sincerely convinced that these views are
rect would be unfahful my duty II did net recon-
mend the repeal OF the Congress which place ten
OF tho States under the domination Of military masters
II calm reflection shall satisfy majority Of your honor
able bodies that the acts referred not only viola
ton Of the national faith but in direct conflict with the
constitution, dare not permit myself TO doubt that
statute book. To demonstrate tho unconstitutional
character those need do than refer TO
they are not authorized. To dicta,e what alterations
shall be made the constitutions Of the several States
70 control elections Of State legislators and State
dent and Vice President by. arbitrarily declaring
who shall vote and who shall be excluded from
or prevent them from assembling; TO dismiss judges
and other civil functonariss Of State, aud appoint
others without regard TO State law; 10 organize and
operate all the political machinery OF the States; to
regulate the whole administration OF their domestic and
local affairs according TO the viii Of strange and
irresponsible agents sent among them for that purpose
those powers not granted TO the federal govern
ment or to any one OF ts franchises Not being
granted violate our trust by assuring them as PAL
pably would by acting in the face Of positive
ntedct; for the constitution orbds 70 do whatever
words or By clear implication II the authority W
sire to uss does not come to US through the constitution
which is the most dangerous Of political crimes. BY
that crime enemies Of free In al ages have
worked out their designs against public liberty ana PR.
vate rights II leads directly and Immediately 10 the
establishment Of absolute rule; for undslegaed power
is always unlimited and unrestrsnsd
The acts Of Congress in question are not only ooec-
tonabe for their assumption Of ungranted power but
many Of their provisions are IN conflict with the direct
prohibitions Of thelconstituon. The constitution COM
mands that republican form Of government shall be
guaranteed to all the States that no person shall DO
q @ que
warrant, Or pun shed without fair trial before
"pss ' "a. that not he IN Of me
Of peace and that NO bill Of attainder shall Be
passed against single individual; yet the system Of
totally subver and destroy the form well the sub
stance Of republican government IN ton States TO which
they apply. II binds thsm hand and foot In absolute
slavery and subjects them to strange and hostile
power, more unlimited and more likely to be abused
than any other now known among cisilissd men. !:
meut is. always most careful to protect.
freedom property and life, IL assaed BY passion pre-
JUDGE or rapacy or ruler have no security whatever
penalties not upon few individuals but upon the
whole masses including millions who nhabit the sub
scsd ssss and even nss children re-
tionaly inflicted upon any portion OF our people, no
matter how they may have come within jurisdiction
and no matter whether they live In States territories
distTict1
have no desire to save from the proper and just
the rebellion against the government; but mode OF
punishment the measures under Consideration arc
Hssv Of .nose peons are psrfscy upocsnt msnv
kept their fidelity 10 the Union untainted TO the last
man, were incapable q any legal offence large por
the rebellion ss.nss their s end q .hc:s who are
the shades or their character and temper
tho acts Of Congress conound them altogether in one
common DOOM Indscrimpate vengeance upon all classes
and artie tr upon whole c0mmun Aesfor offences
committed by portion OF them against tue government
70 which they owed obedience in barbarou
ages Of the world but Christianity and civilization have
made such progress that recourse 70 punishmsnt
cruel and unjust would meet with the condem.
Punitive justice d this age. and especially Of
this country, does not consist In s.rIppin g
whole States their nbcros and reducing ali their
people without dstnction TO condition Of slavery. II
deals separately with each Individual confines itself
forms OF Law. and vindcass Its own purity BY an I'M
partial examination OF every case before competent
Judicial tribunal this does not satisfy all desires
with regard to the Southern rebels IL, console
In and unbroken peace, is worth far 10
and our children than qualification OF any present
OF for tho Southern States not TO be per-
potua II Ia true this military government ia 10 be only
PROVISIONAL but y Is through this temporary evil thas
Of the constitution be broker Professionally TO
temporary purpose and 10 part only Of tho country.
Arbitrary measures often change but they generally
change for the 1t Ia tho Of despotsm that
u has no hating place. Intermtted exercise
Its SUBJECTS for they can never know What they
to plague them AGAIN. Nor IL II possible to conjecture
how where power unrestraned by law may seek its
next victims States that are still States may DO
shaved nj any moment; for X the constitution does not
protect oil IL protects none.
II manesly and avowediy the object Of these laws
voting and to disfranchise such number OF white
xsns a. will give the former q clear majority
minds Of some persons 10 important that violation
Of the constitution Is justified OF bringing II
about That morality is always false which excuses
wrong because proposes 10 accomplish desirable end
We arc not permitted to do evil that good may como;
but in this case the end itself evil a. well the
The subjugation Of the States 10 negro domi-
nation would be worse than the military despotim under
which they suffering II was believed beforehand
that the people would endure any amount OF military
oppression Tor any length Of time rather than degrade
themselves BY subsection TO the negro race Therefore
they havo boon left without choice Negro suffrage
was established BY act Of Congress- and military officers
commanded TO supernteud the process Of clothing
white men. Tho blacks in the South arc entitled
70 b wen and humanity governed, and 70
rights Of person and propsrty n II were practicable
at this time " give them . government exclusively
their owe, under which they might manage their own
affairs In thor own way, II would become grave ques-
ton whether No ought 70 do %, whether common
humanity would not require rs 70 save them from them
selves But under the clrcu instances this ID only .
speculative point II 10 not proposed merely that they
shall govern themselves, but that they shall rule the
white race make and administer the ststs lava elect
Presidents and members Of Congress, and shape TO
greater lees exsns the future destiny Of The whole
country Would such trust and power be safe in such