Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-12-11

war Sh0clu oe c0noucleu SoIely IoI VIC Pu' PusS
of preserving the Union, and mantaing the su-
pr,macy of the Federal Constitution and laws,
without; impairiag the dignity: equality, and
rish,s Of the States or of Individuals; aud that
when hi was doae he wax should case. Iuo npt
say th 1t Ills d.carltion il lcTs ,nal.y bndingo on
those who jiined in making il, any maro than
individual members of Congress are personally
bound {, pay II public debt created nader a,laN
fsr which they vutel. But it wis q soe'nn, pub
li,,scfi:i.l pledge Of the natl nal honor, AMI
cInuo i'm iginc upon what grounds the rrpuiia'
ioa of it Is 10 be justified II itIbe said that We
are n i buu.d to keep aith with rebels. let II DC
remembered that this promise was boi made u
rebels only. Th u:a:.d' rf true men in the SOUTH
w.re drawn t. our standard by it, an hunirsds
of thousands in the North gave their lives III to
belief that it would be carried out. 1t was Made
ON the day after the first great battle OF the war
| had been f urht and lost. All patriotic and iu-
telligent men then raw the necessity oil giving
such an assurance, aud believed that without IL
the war would eud in disaster to our cnuse. H"v-
| ing given that assurance in the extremity oil our
peril, tho violation of it now, in the day Of our
power, wouli be q rude rending of that good
faith whirh holds the moral world together; uur
| country would cease to have any c!a'in upon the
confidence, of msn il would make the war not
only Il Eii ure, but i l:aud.
Being sincerely convinced that these views are
| correct, / would be un!ni,hful 10 my duty II
did not recommend the repeal Of the acts oil Con-
gress which place ton Of the Southern States un-
der tn. dunination Of military masters. II calm
reflection shall satisfy majority Of your bonora-
ole bodies shat the acts referred to not only
vi3lat.oa Of the national faith, but in direct
conflict wit, the Cons stitution, l dare not permit
myself to doubt tha; you will Immediately strike
them from the statute book.
To demons ratio the unconstitutional character
of rhuse acts, I need do no more than refer to
their general provi.iors 1t mast be seen ut once
that they are not authorized. To dictate what
alterations shall be made in the constitutions OF
the several States; to control the elections OF
State legislators aad State officers, members of Con-
gress an electors of President and Vice President
by arbitrarily dec airing who shall vote and who
shall be excluded from that privilege; to dissolve
Sta:e legislatures or preven: them from asssm6-
ling; to dismiss judges and other civil functioua-
ries of the State, aud appoint others without re-
gard t. State law 10 organize and operate all
the political machinery OF the States; to regulate
tho whole administration of their domestic and
local afflirs according 10 the mere will Of strange
and irresponsible agents, seDt among them for
tha. purpose-.hesc are powers not granted to
tbs Federal Guvernmcnt, or to any one of its
branches. Not bsing granted, we vinats our
rust by assuming them US palpably as WI would
the Constitution ,oroils US to do whatever it does
not atirmntivcly authorize either by express words
or by clear i'm plicatiOa. If the authority We de-
sire 10 use does not come te us through the Con-
s:i,ution, we can exercise it only by usurpation,
AID usurpation il the most dangerous of political
c-imes. BY that crime the enemies OF FREQ gov
ernmcnt in ail ages have worked out their designs
against public liberty and private right. 1t leads
directly aud Immediately to the establishment Of
absolute rule far undeiega,ed power Is always
urlmitcd and unrcstraincd.
The acts of Congress in question are not only
obje :tiJnably for their assumption Of uugrantcd
power, but many Of their provisions are in con-
diet with the direct prohibitions of tho Constitu-
tau. The Constitution commands that repub
,ican forrn Of government shall be guaranteed to
:!l the States that 40 person shall lie deprived OF
ife lhreiy, psopcriy without due process Of law,
,rr.sted without 4 Judicial warrant, or punished
wi,iiuu fair trial before an Impartial jury; that
:ae privilege of habess corpus shall not be denied in
tn- U! peace aud thai 40 biil O l,;aniers hall be
.a,scl, even against singe individual. Yet
Ii. ;chl uf measures esiabiishod by these acts
nr Conyrc., ,lncs tualy subvrrt and destroy the
fora Il, we'll ~ the substance of republican gov
ern,n.nt in The ten States 10 which they apply. Il
binds them hand aud foot in absolute slavery, and
igbj.cts them ~ Il strange aud hostile power, more
unlimited aad mpre likely to be abused than any
otn.r NON known am JnS civilized men. IL tram
ples down all thoSr rights in which tho essence OF
liberty consists, and which free government is
always mort careful to protect. 1t denies the hi
beas corpus and the trial by jury. Personal free
IN, property, and life, if assailed by the passion,
the prejudice, or the rapacty of tho ruler, have
no sec cIri;y whatever. 1t has the effect of bill
or at,ainder, or bill of pains aud penalties, not
upon few inLiv .duals, but upon whole ml.ses,
including the millions who iEhabit the subject
States and even their unborn children. These
wrongs, being pfes.ly forbidden, cannot be con-
stitutionally inflicted upon any portion OF our
pcuple, no matter how they my have come with
in our jurisdiction and no matter whether they
live in States. Territories or districts.
have no desirs to save from the proper AMI
just consequences Of their great crime those who
sngascd in rebellion against the Government;
but IS mode Of punishment, the measures undsr
consideration are the most unreasonable that could
be invented. Many of those people are perfectly
innocent; many kept their iidei;yto the Uuivn
untaintcd 10 tho last many were incapable OF any
legal offence; q large proportion even OF the per-
sons able to bear arms were forced into rebellion
against their will aud of those who are guilty
with their own consent, the degrees Of guilt
us vari us as the shades OF their character and
temper. But these acts of Congress confuuad
them ali together in oae common DOOM. lndiS-
criminnte vengeance upon classes, sects, and par
ties or upon whole communities, TOR offences COM
mitted by portion OF them against the govern
ments TO which they owed obedisnce, was common
in the barbarous ages Of the World. But Chris
tiauity and civilization have made such progress
that recourse to q puni.hmert so cruel and unjus;
would meet With the condemnation Of all unpro-
judieed and right minded men, The punitive
justice Of this age, and especially of this country,
does not consist in stripping whole States of their
liberties, and reducing all their people, without
distinction, to the condition Of slavery. 1t deals
separately With each individual, confines itself
to the forms of Law, aud vindicates its own puri-
ty by an impartial examination of every case be.
fore competent Judicial tribunal. II this does
dot "a isfy all our desires with regard to South
crn rebels, let us console ourselves by rejecting
that IL free Constitution. triumphant 10 war md
unbr0kun in peace, ia worth far more to Us aud
our chiiren than the qualification Of any present
feeling.
am aware it is assumed that this system of
government for the Southern States is not to be
perpetual 1t is true this military government is
to bs only provisional, but it is through this tenn
porary evil that greater evil Is to bp made per-
petual. II the guarantees of the Constitution can
be broken Professionally to serve u temporary pur
pose, and in part only of the country, we can
destroy them everywhere and for all tune. ArLi-
trary measures often change, but they generally
change for the II is the curse of despctisln
that it has no halting place. The intcrmitted es
ercise of its power brings no Sensc of security
to its subjects; for they can never know what
more they will be called endure when its redright
hand is armed 10 plague them again. Nor is it
possible to conjecture. how where power, un-
restrained by law, may seek its next victims The
States that are still free may be .uslaved nj any
moment; for if the Constitution does not protect
all, it protects mono.
1t is manifestly and avowedly the object of these
laws to confer upon negroes the privilege of
ting, and to disfranchise such number of white
citizens as will give the former clear majority
at ull elections in tho Southern States. This, to
the minds of some persons, is so important, that
O violation of the Constitution is justified as