Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1867-12-12

the whole administrator of their do.
nestle and local affairs according 10
the mere win OF strange and irrespon-
siblc agents sent among them for that
purpose,
These are powers not granted to the
Federal Government, or to any one Of
its branches; not being granted, we
violate our trust by assuming them
as palpably as he would by acting in
the face of a positive intcrdict, for the
Constitution iorbids us TO do whatever
il does not ailirmatively authorize,
even by express words or by clear
implication Ii the authority we de-
sire TO use does not come TO us through
the Constitution, we can exercise it
only by usurpation, and usurpation is
one of the most dangerous OF political
crimes. BY that crime the enemies of
free government in all ages have
work ed out their designs against pub
lie liberty and private right. 1t leads
directly and Immediately to the es,ab-
lishment of absolute rule for undele-
gated power is always unlimited and
unrestralned.
The acts of Congress in question
are not only Objectionable for their
assumption of ungranted power, but
many of their provisions are in con
fict with the direct prohibitions of
the Constitution. The Constitution
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 process of law arrested
without judicial warrant, or punish
ed without a fair trial before an i'm
partial jury; that the privilege Of
habeaS corpus shall not be denied in
time of peace, and that no bill of
attainder shall be passed even against
single individual Yet the system
of measures established by these acts
Of Congress does totally subyert and
destroy the form as well as the sub
stance Of republican government. In
the ten States to which they apply il
binds them hand and foot in absolute
slavery, and subjects them to a strange
and hostile power more unlimited aud
more likely to be abused than any
other now known among civilized men
1t tramples down all those rights
in which the essence of liberty con
sists, and which a free government
is always most careful to protect. 1t
denies the hdbedS corpus and trial by
jury. Personal freedom, property
aud life, if assailed by the passion, the
prejudice or the rapacity Of the ruler,
have no security whatever 1t has
the effect of bill of attainder, 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 un-
born children. These wrongs being
expressly forbidden cannot be consti-
tutionally inflicted upon any portion
of our people, no matter how they
may have come within our jurisdiction
and no matter whether they live in
States Territories or Districts.
have no desire to save from the
proper and just consequences of their
great crime those who engaged in re-
belion against the government, but
as mode of punishment, the meas
ures under consideration are tho most
unreasonable that could be invented.
Many Of those persons are perfectly
innocent. Many kept their fidelity
TO the Union untainted TO the last
Many were incapable of any legal Of
fence A large proportion even OF
the persons able TO bear arms were
forced into rebellion against heirwill, q,
and Of those who arc guilty with their
own consent, the degrees of guilt are
as various as the shades of their char
acter and temper.
But these acts of Congress confound
them all together in one common
doom. lndiscriminate vengeance
upon classes, sects, and parties, or
upon whole communities for offences
committed by portion of them
against the government to which they
owed obedience, was common in the
barbarous ages of the world. But
Christianity and civilization have
made such progress, that recourse to
punishment so cruel and unjust
would meet with tho condemnation of
all unpreiudiced and right-minded
men. The punitive justice ofthis age
and especially Of this country, docs
not consist in stripping whole States
oftheir liberties and reducing all their
people, without distinction, TO the
condition of slavery IL deals separ-
ately with each individual, conf mes
itself TO the forms of law, and vindi.
Gates its own purity by an impartial
examination of every case before u
competent judicial tribunal.
If this does not satisfy all our de.
sires with regard TO Southern rebels,
let us console ourselves by reAec ting
that a free Constitution, triumphant
in war and unbroken in peace, is worth
far more to us and our children than
the qualification of any present feeling
am aware it is assumed that this
system Of government Of the Southern
States is not TO be perpetual. 1t is
true this military government is to be
only provisional, but it is through this
temporary evil that greater evil is
to be made perpetual. If the guaran-
ties of the Constitution can be broken
Professionally to serve temporary
purpose, and in part only of the coun-
try, we can destroy them everywhere,
and for all time. Arbitrary measures
often change, but they generally
change for the worse. 1t is tho curse