The home journal. (Winchester, Tenn.) 1858-188?, 1867-07-11
Notes on the SitnatiOn.--N0. .
BY hon. b. II. HILL, OF GEORGIA.

America is presented for our acccp'
lance or approval, the first question
should always be: Is it constitution
al? or, better phraseology would be, is
it authorized by the Constitution! For
in America, the distinctive. distinguish
ing feature of Government, State and
Federal, is the wriNen Constitution. 80
This is the Alpha and Omega of al
true American craftsmanship 1t is al
so the only impregnable fortress fol-
American liberty. The written Consti
tuition are words which should be re
peated by every citizen every day an(
every hour, and held as indispensable
to the preservation ofAmerican polite
al life, as is air, or water, or meat ant
drink to the preservation Of ANNA
life.
In entering on the discussion of th'
Military Bills, the first remarkable fac
which strikes us, is the general conccs
sion that they are not in accordance
with the Federal Constitution. In TIL
debates on the passage of the Supple
mental bill, some Of the advocates 0
these measures insisted upon submit
ting to the people Of the several State:
affected, to decide "for or against thu
State Convention through which til,
purposes are to be accomplished, be
cause VMe people shouM rote for q Con
aention and Thereby udmH anil opprov
Tie propriety md necessityJo tile meas
ures, the whole plan would be relieved
OF the unconstitutional objections
Thus even Radical fanatics found it nee
cssary to provide some excuse for tlleil
conscicnccs! And this Excuse consist,
in al attempt to secure the consent o,
the ~pcoplc-yca, ofthe people to be dc.
graded--to the scheme which is to de
grade them, and thusto rest the legal
t. OF the plan not upon Tie Constitution
but upon the consent TMe people! AND
this consent is to be secured by dis
iranchising Intelligence, by military
rule, by threats, and last, though moi
least, by bribery! The negro race du-
ped by emissaries and aided by dcser
Gers from their own blood, is to give
consent for the white race.
MIR Stanbcry, in his argument before
the Supreme Court, though denying The
jurisdiction Of the Court in the case
MADE, felt it necessary to diSclaim any
admission that thc.biIls were constitu
%tional, but admitted the contrary, and
hoped, when the proper cas- should be
made, which he admitted could be made
in many ways, the Court would dis
charge It's duty.
1t is true that Mr.. Sumner and such
as he claims that Congress has the
right, under the Constitution, to pass
such bills and for all the States, and To-
Gates the power in two clauses Of the
Constitution that which rc~quire~-tho
United States to guarantee Il Repnbli,
can government TO each State, and the
latter clause OF the fourteenth amend,
ment which authorizes Congress 'by
appropriate legislation to enforce The
emancipation ofthe slave.
But whatever may be claimed for Mr.
Sumner otherwise, it is certain hoi5 moi
respectable authority on question Of
constitutional law. No fanatical mind
4 be regarded as safe, or become re.
spectacle as an c%Xpounder Of law; be
cause tanatical minds will accept moth.
ing as true except what they desire to
be true. But law is an inlieXible rule,
and none but inicxibIc minds, rigid in
spite of theories and hard laws, can eli
thcr truly learn, greatly love, or safely
expound the law.
But even if Mr.. Sumner and such as
he had reputation as lawyers, such rep
utation would be destroyed by the very
! O ,itions assumed; for no legal, orlog-
ical or well balanced mind can say it is
necessary or proper to d~islranchise
white pcoyle to establish military rule
to abolish the trial by jury; and to srs-
pend the privilege of hobeos corpus in
time of peace, for all races and colors,
in order to guarantee republican gov
crnment to the S ates, orto enforce the
emancipation of the slave.
1t may be safely assumed, therefore,
that all respectable legal minds in
America, whether for or against thosl
military bills as 4 plan Of reconstruc'
ton, admit that the bills are not au-
thorizcd 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 circum stances outside Of the
Constitution-in u condition of things
not anticipated and not provided for
by the Consultation and some find the
power in necessity, some in humanity,
and some in international law! Before
| conclude these notesit is my purpose
to devote separat! and special atten-
ton to each of the apologies for these
bills for they are not argument but
/ wish to say, now, that if these posi-
lions, or any of them be trrs. then Con.
9icSS Has iouHNl ioi itscii "'iiuO'i oio'N
er prant Of power outside of the Con
s,ltntion than exists inside Of that in.
strument. Indeed they have found.
outside, q power by which they can de-
strov the Constitution by which alone
the Congress itself was created and has
bein1. If this he so, our fathers did q
silly work in providing 4 written Con.
stitution.
Then, VIC may+saiely say that, what
LEGAL minds admit is true, to-wit: That
these Military Bills are not authorized
by n provision of the Constitution
and, il justifablc at all, they must be
justified by circumstances, by some