Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-09


[ stitution. It is a most base and wicked
I subterfuge by which TO usurp and exer-
Z else ungranted and despotic powers.
I IL is a doctrine no less fatal to the union
{ than the states. II persisted IN by
! those in possession OF the govern
/ ment, and aequiesced in by the people,
/ it must end in the overthrow OF
the republic and the establishment
/ Of an empire upon its ruins. IT is at war
I with every principle Of the constitution,
[ and a complete swallowing up of the
I liberties of the people it was intended
I to secure. Hereafter our charters Will
+ be written grants of privileges from the
{ government to the people, instead OF
written grants Of power by the people
I to the government. This bill can be
I looked upon only as bill granting priv
I fleges from the hspf Of arbitrary power
/ to a pretended, wicked, and undeservlng
/ people who have forfeited all their rights
under the constitution. It is "ernmb
from their masters ts.ble." 1t is a gem
erous gift from this magnanimOus con-
gress of so much Of liberty and privi 7
I lege TO the people as it deems prudent
and best. Is not this the plain, unvar-
nished theory OF this measure and Of the
geutleman's speech Ten Of the states
OF this union with ten million people Of
the United States have been conquered.
and in virtue Of its conquest the fedora!
government is invested with all the
rights and liberties of these states and
people, holding them as a eOnqueror TO
be reluctantly dOled out according to its
supreme will and pleasure by this charter
! OF privileges. l say reluctantly, for even
this has been delayed for almost two
wears. Have not the centuries been
rolling backward? ? Can we not almost
seq the people demanding of congress
the magma Charta
Sir the doctrine that this govern ment
can make conquest of any of the states
of this Union is opposed to, is at war
with the fundamental idea Of the gov
ernment itself 1t would destroy the
harmony OF the system of states and
union by allowing Of antagonist inter-
ests. II would offer to the general gov
ernment the allurement Of power and
ACKNOWLEDGEMENT not IN the interest and
growth of the states and union, but ID
its own separate interest. 1t would null
lily sll the provisions Of the constitution
reservlng powers 70 the states and the
people. It would be equivalent to
bribe to the government TO destroy the
states aud the liberties OF the people by
4
is absurdly impossible that the United
Staies government, except by usurpa-
ton, should make f" conquest Of one
of the states Of which it is composed. It
has certain prescribed limited powers
and jurisdiction with the means and ca
pabilities of using and exercising them,
but no use for, no capacity 10 hold, or
means of exercising any others. 1t had
before the war, by the authority of the
organic act Of its creation, the power
and jurisdiction, certain, defined. and
limited, to control, govern, and preserve
the states as states In the union. Its ju-
risdiction is the same now the war Is
over; no greater, no less.
There is, there can be no such thing as
this government being able TO increase
or enlarge its powers or jurisdiction over
the states by conquest" II can de-
rive powers but in one way and that by
constitutional grant. No act of any or
al the parties to the constitution can
take from or add to those granted there
BY IN any other way than by amend
nent according to the provisions OF the
constitution itself Under the constitu-
ton as it is, the power Is granted to the
general government to suppress lnsur-
rection, repel invasions, and, upon ap-
plication, protect the states from domes-
tic violence. It is absurd that in sue
cessfully performing this cuty II could
bv auv possibility destroy the state, or
permit the state or the instruction, or
All together to destroy the states as such
in the union. And yet TO such absurdi-
ties does the doctrine on which this bill
is founded lead. Let insurrection arise
in any state of the union and the gov
ernmenU undertake to suppress it; if il
shall assume proportions large enough
to entitle the insurgents according to the
laws of war to belligerent rights, the
nation becomes divided into two parties
and the party that shall finally submit
has forfeited all rights under the consti-
tuition and is subject to the will of the
other as a conqueror under the law Of
nations.
If the federal government should be
called on TO protect the state from do
mestic violence and the disturbing party
should be able in any manner to possess
itself of the state. 80 as to deprive the
inhabitants for the time being Of all
civil government, and should magnify
its powers and increase its numbers so
that under the human laws Of modern
warfare, the laws that govern public
war, should be recognized as applicable
to its conduct, such state and all the
inhabitants thereof, when finally the
government should conquer, will have
lost all their rights except only such as
NAV be found in the law Of nations as
applicable when one nation conquers
another.
The bare statement of such a PROPOSE
ton shows it 70 be prepOsterous. The
constitution is the paramount and ever
. Ia l.afA i'm md in
The army can only be used in aid Of it,
/ enforcement. It isrlear that no warrant
I for this measure can be found IN the
/ constitution. The gentleman certainly
| mas not claimed it. No one believing In
/ the truth of the preamble Of this bill will
{ claim any constitutional power fer il
under that section " The = nited States
; shall guaranty to every state in this
union a republican form of government"
t The bill goes upon the theory that they
/ are not now states in the union indeed,
! that thev are not states at all. The gen
tleman from Pennsylvania styles them
{ states never " restored rom a state Of
{ CONQUEST " outlaWed stsies, and says /:
i" Congress denies that any state lately
/ IN rebellion has any government or con-
stitutiOn known 10 the constitution OF the
/ United states, or which can be recOg-
nized as part Of the union,n
! II, then, these are not states, or if not
ustates in thisuniOn, that provision ofthe
constitution mas no referenee 70 them.
T It refers in express terms TO states " in -
the union only. The government has
no such pOweF, and is UNDER no such OBJ
legation TO any other states. There is
then 10 law, no constitutional power for
this measure, and no rightful power for
holding these states in a state of " con-
quest.H The war long slnse finished It's
bloody, its devastating work OF SUPP ress-
ing the insurrection and putting down
the rebsllioa, All have Submitted, com
batants and pe0Rls, sila saF4lt that the
constitution is the supreme lRg OF the
land In all emergencies Tor rulers aug
people. To hold these states as the gen.
tleman says they are held, as " out
Iawed states ia q state of con-
ousst,H is the Ilsurpation and exercise of
despotic and eyrahniesl p0ssr ia It's
most odious form, and will 'assuredly end
in the destruction of all constitutional
g0Vsrpment.
Sir, fearful responsibility rests upon
those who would dontings this state oi
. things. Let US not Halter ourselves thai
this appetite for dismantling and devouT-
ing states and converting them into ter
ritories will he satiated with the ter
states now claimed by conquest; thC
more It deVOlrs the more il will demand
Already il has been DECLARED by the
leader Of the majority here that the con
stitutions Of Maryland and Kentucky
. and even his own state OF Pennsylvania
states as patriotic as any in the union
ought TO bs reformed and made to ac
cord with the congressional idea Of re
publican government. 4 few months
more Of rapid progress and advancement
ike that Of the last two years, and con
, Qress will provide constitutions for al
The states in accordance with its view o
the spirit Of the age and Of republican
! government. Congress, by its usurpA
} lions and assumption Of powers, and ii
: growing hostility to the other oo-ordinat
departtlents Of the government, is rap
. idly becoming the most fearful despotisn
/ that ever meuaced liberty in this coun
try. Through its Acknowledged leade
, h scandalously denouDces the decision o
/ the highest tribunals as infamous
/ calls God TO witness that the chic
= I ,.c,tsfre IA of the nation shall ohey con