Des Arc weekly citizen., 1867-07-27
SOUTHERN POLITICS.
SPLENDID SERIES OF PATRT-
 OTTO PAPERS.
ON THE sITUATION-No. 3.
B1 HON. B. II. Hnh, OF GEORGIA.

Bl HON. B. II. Hnh., OF GEORGIA.
 When any measure of legislation in America is presented for our accept ance or approval the first question should always be, is it constitutional or, better phrascology would be, Is it authorized ny the Constitution For, in America, the distinctive, distinguish ing feature of Government, State or Federal is the WRITTEN CONSTITUTION. This is the Alpha and Omega of all true American statesmanship. It is also the only impregnable fortress for American liberty. The written Con- stitution are words which should be repeated by every citizen every day and every hour, and held as indispen- sable to the preservation of American political life, as is air, or water, or meat and drink to the preservation of animal life.
 In entering on the discussion of the military bills, tise first remarkable fact which strikes es is the general conces- sion that they are not in accordance with the Federal Constitution. In the debates on the passage of the supple mental bill, some of tire advocates of these measures insisted upon submit ting to the people of the several States affected to decide ~for or against the State Convention, through which the purposes are to be accomplished, be- cause IF THE PEOPLE SHOULD VOTE FOR A CONVENTION AND THEREBY ADMIT AND APPROVE THE PRoPRIETY AND NE cEssITY FOR THE MEASURES, the whole plan would be relieved of the uncon 1 stitutional objectionsi Thus even Radical fanatics found it necessary to I find some excuse for their consciences And this excuse consists in an attempt to secure the consent of the people yea, of the people to be degraded--to the the scheme which is to degrade them, and thus te rest the legality of ttN Hiau, MI t1VN lhIs but upon the CONSENT OF THE PEOPLE. And this consent is to be secured by the sisfranchising intelligence, by mil itary rtafe, by threats, and last, though not least, by bribery. fhc negro race, duped by emissaries and aided by de- serters from their own blood, is to give i oopcn,f f,e ko x,,bsta
 Mir. Stanberry, in his argument be- fore the Supreme Court, though deny ing the jurisdiction of the court in the case made, felt it necessary to disclaim any admission that the bills were con- stitutional, but admitted the contrary, and hoped, when the proper case should be made, which he admitted could be made in many ways, the court would discharge it's duty.
 It is true that Mir. Sumner and such as he claim that Congress has the right, under the Constitution, to pass such bills and for all the States, and locates the power in two clauses of the Con stitution: that which requires the Uni ted States to guarantee republican" government to each State, and the lat ter clause of the fourteenth amendment which authorizes Congress "by appro- priate legislation to enforce" the eman- cipaticn of the slave.
 But whatever may be claimed for Mir. Sumner otherwise, il is certain he is not respectable authority on ques- tions fconstitutional law. No fanat- ical mind can be regarded as safe, or become respectable as an expounder at law because fanatical iiipds will ac- cept nothing as true except what they desire to be true. But law is an inflex- iblc rule, and ncae but inflexible minds, rigid in spite of theories and hard laws, can either truly learn, greatly love, or safely expound the law,
 Bat even if Mr. simmer and such as he had reputation as lawyers, such rep ntation would bc destroyed by the very positions assumed, for no legal, or logical, or well balanced mind can say it is necessary or proper to dis franchise white people: to establish military rule; toeabolish the trial by jury and to suspend the privilege of habeas corpus in time of peace, for all races and colors, in order to guarantee republican government to the States, or 10 enforce the emancipation of the slave.
 It may be safely assumed, therefore, that all respectable legal minds in America, whether for or against these military bills as plan of reconstruc- tion, admit that the bills are not au- thorized by any provision in the Con- stitution. Indeed, the advocates of these bills find the authority for their adoption, not in the Constitution, but in certain circumstances outside of the Constitution--in condition of things not anticipated and not provided for by the Constitution; and some find the power in necessity, some in humanity, and some in international law Be fore | conclude these notes it is my purpose to devote separate and special attention to each of the apologies for these bills (for they are not arguments,) but wish to say, now, that if these positions, or any of them be true, then Congfess has found for itself much broader grant Of power outside of the Constitution than exists inside of that instrument Indeed they have fbnnd