The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1867-04-05

sectional n
terest, much less of party performance, but
of duty--of high aud sacred duty-wbicb we
are all sworn TO perform II we canno. sun
port the Constitution with the cheerful alac-
rity OF those who love and believe it. we
must give TO 1T at least the fidelity Of public
servants who act under solemn obligations
and commands which they dare not disregard.
TINS PuRrosE on TIKI WAR
The constitutional duty is not the only one
which requires the States to be restored
There is another consideration which though /
OF minor importance, is yet of great weight
90 the 22d day of July, 1861, Congress de. |
clarCd. by an almost unanimous vote of |
both Houses, that the war should be con.
Quoted solely for the purpose Of preserving
the Union and maintaining tho supremacy Of
the Federal Constitution and laws, without
impairing the dignity, equality, and rights
OF the States or individuals, and that when
this was done the war should cease
| do not say that this declaration IS per-
sonally binding on those who Joined in
making 1t any moro than individual
members of Congress, are personally
bouno to pay a public debt created under
Il law for which they voted But it was a
| solemn, public, official pledge of The nation
! al honor, aud cannot imagine upon what
! grounds the reputation OF 1t is D be iusu-
fed. II it te said that we arei bound to
keep faith with rebels, let 1t be cmcmbered
that this promise was not made rebels on
/ ly. Thousands OF true men ia th, south were
drawn to our STANDARD by it. alri hundreds
of thousands in the North CAV heir lives
in the belief that 1t would be e.. lied out
Ii was made on the day after u first great
battle OF the war had been loug { and lost.
\ r.af vtF IL
the necessity of giving such an assurance,
and believed that without it, the war would
end in disaster 60 our cause. Having given
that assurance iu the extremity of our peril.
the violation Of % now in the day of our
power would De rude rending of that good
iaiin which holds the moral world together
Our country would cease 70 have any claim
upon tho confidence OF the men it would
make war not only failure but a fraud.
RErEAL OF THE RECONSTRUCTION Bill RFcow-
NENDED.
Sincerely convinced that these views are cor
rect, | would be unfiithlul to nv duty If |
= did not recommend the repeal of the acts Of
Congress " lch place ten Of the Southern
, States under the domination of military
masters. If calm reflection shall satisfy a
majority Of your sIlonorable Bodies that The
Z acts referred was not only violation OF the
! national faith, but an Indirect conflict with
the Constitution, dare not permit myself
Q to doubt YOU VIII lmmt diatoy strike them
from the statute-book. To demonstrate the
3 the unconstitutional character OF those acts
j. ! need do no more than refer to their gener.
al provisions. Ii must be seen at once that
5. they are not authorized 70 dictate what
n alterations shall be made in the constitu.
Of Ia a..
elections Of State legislatures and Stat,
% officers, members Of Congress and election
Of President and Vice President by arbitari
a ly declaring who shall vote and who shall
n be excluded from that privilege to dissolve
!. state Legislatures or prevent themIlrom as
!. sembllng to dismiss Judges and other ciyi
e iunctlonaries OF the State and appoint other
- without regard to State law to organic
20 and operate all the political machinery o
= the States, to regulate the whole admiuistra
\. tlOn OF the domestic and local affairs accord
" ing to the mere will of strange and irespon
= sible agents sent among them for that pur
\ pose, these are powers not granted to tn
Al Federal Government or to any one. of it
n. branches Not beng granted we violate GU
If trust by assuming them ns palpably as W
N would by acting in the face Of a positive in
~ terdict, for the Constitution forhids US &c d
70 whatever it does not affirmatively authoriz
IN either by express words or by clear implica
M ton. Ii the authority we desire to use doe
/, not come to US through the Constitution W
can exercise 1t only by usurpation and usur
s. patton is the most dangerous Of poihca
crimes. BY that crime the enemies OF fro
;, government in all ages have worked out thei
. designs against public liberty and priYat
n right 1t leads directly and Immediately t
no $50 lfaIrf of ,ie IL, g.
, delegated power is always unlimited and ur
If restrained. The acts of Congress 10 quei
"a tion arc not only Objectionable for their as
m sumption of uDgranted power, but many
~ their provisions are in conflict with The d
- rect prohibitions OF the Constitution
ne UNCoNsTIIuIIoNALlrY
I'd The Constitution commands that aropublca
T. form of government shall be guaranteed
g. all the States that no person suall be d,
N prlvcd Of life, liberty or property withou
r due process of law, arrested without jud
~ cial warrant, or punished without ia
q trial before an impartial jury that the pr
ne vilege Of habeas corpus shall not be denie
lie In time of peace, and that no ball Of affair
ne der shall be passed even against single ind
10 vidual-yet the system Of measures estal
lished by these acts of Congress does total
n subycrt and destroy the form az we'll as IL
De substance Of republican government in Il
II ten States to which they apply. Il bnC
re them band and foot in absolute slavery, an
III subjects them TO a strange and hostile pow
r. or more unlimited and more likely to J
u abused than any other now known anon
K civilized men. IL tramplos down all thu'
De rights IN which the essence Of liberty c1i
cd sists, and which a free government is alwa]
ay moro careful t. protect IL denies Il
Do habeas corpus and he trial by jury. Pc
81 s0nal freedom, prop,rlY aud life, II assall,
u by the passion, the prejudice or the rapacit
ly OF the ruler, have 10 security whatever.
has the effect of a bill of uttainder or bin {
pains and penalties, not upon few lndlyi(
n uals, but upon whole masses, including III
re millions who inhabt be- subject states an
an their unborn children. These wrongs htin
rs expressly forbidden cannot be cuastituti1na
ISL ly inflicted upon any portion 90 our people
~ no matter how they may have come With
at our jurisdiction, anI no matter whctht
r. they live 10 States, Territories OF districts
ef have no desire 70 saye from the proper an
"a just consequences OF their great crimes thos
Sc who engaged IN rebellion against the Gov
IN eminent, but as mode Of punishment th
r measures under consideration are th
most unreasonable that could be invented
'e Many OF these people Ar. perfectly inni
e. cent; many Kept their fidelity to the Unto
ar untainted u the last many were iucapabl
ID of any legal offence and a large urop0rti0
~ even ol tie persons able 10 bear arms Wi
nj forced into the rebellion against Il CIR wil
re- and OF those who are guilty with their Ow
consent, ,ho degrees Of guilt are as yariou
y as the shades OF their character and temper
- But ti eke acts Of Congress cOnfOund tbel