The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1867-03-14
alst
NO. 42.

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holds every person, not soldier, an
smeraLle for all crimes and all charges
without any preseutment. The Consti>
tuition declares that no person shall be
deprived Of life, liberty, or property
without due process Of law" This Bill
sets aside all process Of law, aud makes
the citizen answerable ID his person and
property to the will of one man, and "a
TO his life to the will of two. Finally,
the Constitution declares that - the
privilege Of the writ of ka5eas corpus
shall not be suspended unless when, in
case Of rebellion or invasion, the public
safety may require il ;" whereas this Bill
declares martial law (which Of itself sus.
Pends this great writ in time of peace,
and authorizes the military to make the
arrest, and gives to the prisoner only
one privilege, and that is a trial with
out unnecessary delay" He has no
hope of release from custody, except the
hope, such as tits, of release by acquit-
al before a military commissions.
The United States are bound to gaar-
antee to each State a republican form
OF government. Can it be pretended
that this obligation is not palpably b-o-
ken IT we carry out measure like this.
which wipes away every vestige of re-.
publican government in ten States, and
puts the life, property, liberty and hon
or of all the people in each Of them un-
der the domination Of a single person
clothed with unlimited authority
The Parliament of England, exercis-
ing the onnipotent power which it
claimed, was accustomed to pass Bills
of Attaindar that is to say, it would
convict men Of treason and other crimes
by legislative enactment. The person
accused had a hearing; sometimes a
patient and fair one but generally par
ty prejudice prevailed, instead Of JUS
tlce. 1t often became necessary for
Parliament to acknowledge its error and
reverse its own action. The fathers Of
our country determined that no such
thing should occur here. They with
held the power from Congress, and thus
forbade its exercise by that BODY and
they provide in the Constitution that
no State should pass any Bill Of Attain
der. 1t is therefore impossible for any
person in this country to be cons,itu.
t'onaIly convicted or punished for any
crime by alegislative proceeding of anv
sort. Nevertheless, here is a Bill of
Attainder against nine millions Of peo-
PIE at once. 1t is based upon an accu-
satlon so vague as to be scarcely intel.
ligible, and found to be true upon no
credible evidence. Not one of the nine
millions was heard in his own defence.
The representatives Of the doomed par
ties were excluded from all participation
IN the trial. The conviction Is to be-
followed by the most ignominious pun-
'shment ever inflicted on large masses
OF men. 1t disfranchises them By hun.
dreds Of thousands, and degrades them
all-eVea those who are admitted to be
guiltless-from the rank Of freeuen to
the condition of slaves.
The purpose and object ofthe BILL
the general intent which pervades it
from beginning to ends to change
the entire structure and character Of the
State Governments, and to compel them
by force to the adoption Of organic laws
and regulations which they are unwil-
ling to accept Ileft to themselves. The
negroes have not asked for the privilege
OF Toting--the vas: majority Of them
have no idoa what it means. This Bill
not only thrusts it into their hands. but
compe1s them, as well as the whites, to
use 1t in particular way. If they do
not form a Constitution, with prescrib-
ed articles in it, aud afterwards elect a
Legislature which will act upon certain
measures in prescribed way, neither
blacks nor whites can be relieved from
the slavery which the Bill imposes up
on them. Without pausing here to
consider the policy of Africanizing the
Southern part Of our territory, 1 would
simply ask the attention of Congress to
that manifest, well known aud uniyer~
sally acknowledged rule Of constitution.
al law. which declares that the Federal
Government has no jurisdiction, author.
NY or power TO regulate such subjects
for any State. To force the right of
suffrage out Of the hands Of the white
people and into the hands of the me-
groes is an arbitrary violation of this
principle.
This Bill imposes martial law at once.
and its operations will begin so soon as
the General and his troops can be put
in place. The dread alternative be.
tween its harsh rule and compliance
with the terms Of this measure is not
suspended, nor are the people afforded
any time for free deliberation. The Bill
says to them, take martial law first.
then deliberate. And when they have
done all that this measure requires them
TO do, other conditions and continpen.
cies, over which they have no con troll.