The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1867-12-11

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sumine them n, naIn.b,v =, ~. ,.onIa r., a.,
ing in tho face OF a-rosi,,vo ;nt.r,;o, Co. a..
Constitution forbidy ps IN do ub.,ovor q, A.,
mot aff,rmat;v,lv .n,hor;,. .;,,., -,
words or by cIenr ;r,n,ca,;on Ir ,n.,tho
ity wo desire to use doc, NOT .on,o % >.
through tho Constitution. wo can oxorc;,. q,
only by usurpation. mud nsprpa,;o, =, Tho. 49,.
dangerous Of political crimes. Nv ,ba, Grim.
the enemies of FREQ government IN all Zoo.
have worked out their designs araip,t nnh,;c
liberty and private right. 1t leads directly
and Immediately to the establishment Of abso-
lutte rulo for undclcga,c cd pover is always
unlimited and uurcstraincd.
Tho Acts of Congress in question aro no,
only Objectionable for their 'assumptiop of
ungrantcd power, but m any of their prov;sion,
are In conflict with tho direct nrobibit;ops of
tho Constitution. The Constitution command.
that Republican form Of government shall
DO guaranteed to all tho States that no per-
son shall be deprived of life. liborty or propor
ty without due process Of law, arrested withou
q judicial warrant, or punished without IA. !.
trial before an impartial jury that the priyi-
lcge of kaJeas corpus shall not bo don;cd IN
time of peace and that no bill Of n,tainder
shall DO passed, oven apain.t A ,;uc,c ;nd;xia-
>ual. Yot the system Of measures established
by those Acts of Congress docs totally subyort
and destroy tho form, rs we'll as tho substance
of Republican government in tho ton S,,,..
10 which tboy applx II hind, tbom b.nJ and
foot 10 absolute slavery. and sub;ect. then, q,
u strange and hostile poyer. more unlimited
and moro likely 10 bo rbus,,l than anv o,b.r
now known among civilized men. II, trample,
dow all those rights in which the essence Of
liberty consists, and which FREQ Govern,
mcut is always most careful TO pro,ect-
II, denies the habea. corDu. and tho triaI bx
Jury. Personal freedom. nropertv. md ,;fo ;s
sssaiIcd by tho passion. tho preiudico mr. tho
rapaeity Of tho ruler, have no security what
ever 1t has tho effect of n bill of ntt,;nl,r.
or bill Of pains and penalties, not upon a f.w
individuals, but upon whole masses. including
the millions who inbabit the subiect stat,s
and oven their unborn children. These
wrongs, being expressly forbidden. cannot
be constitutionally indicted upon apy nor.
ton Of our people, no matter how they NAV
como within our jurisdiction, and no matter
whetbor they live In Sta,os, Territori,s or
Districts.
1 have no desire to save from the proper and
just conso oquoncss oftheir great crimc those who
engaged in rebellion against tho Government !;
but as mode OF punishmcnt, tho measures
under consideration arc tho most unrcasona-
bio that could be invented. Many Of those
people are perfectly innocent; many kent
their fidelity to the Union ,untaintcd to the
last, many were incapable of any legal Of
fence; large proportion oven of tho persons
able 10 boar arms. weru forced into robelron
ty with their own consent, tho degrees of
guilt are rs various ,as the shade. Of their
character and temper. But these Acts of
Congress esnfound them all together in ono
common doom. lndiscriminatc vengeance
upon clases' scots aud parties, or upon whole
communities Tor offences committed by por-
ton of them against the governments to which
oarous ages OF tho world But Christianity
and civilization have made such progress that
recourse to punishment so cruel and unjust