Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1867-03-07

n,ntrariWlse, the filiiittiJ ~" Pi"'iS"" ~ WIS
I'M APPLIES only TO the citizen and not TO TIE
soldier =,
need not say to the representatives of the
| merican people that their constitution forbids
.he exercise of judicial power in any way VI
one-that is by the ordained and established
eonrts II is equally well known that in all
criminal cases trial by Jury is made indispen-
able by the express words of that instrument
! will not enlarge on the inestimable value of
Ae right TINS secured b. every freeman or
.ocak of the danger to public liberty in all parts
| II the country which must ensue from denial
| III it anywhere or upon any pretense. A very
recent decision of the Supreme Court has traced
The history, vindicated the dignity, and made
lSnown the value of this grea. privilege so clear
Ily that nothing more is needed. To what ex-
tent violation of it might he excused in time
If war or public danger may admit of discus
lion. but we are providing now for a time of
profound peace, where there is not an armed sol
her within our borders except those who arein
The service Of the government. II is in such a
condition of things that an act Of Congress is
proposed which, if carried out, would deny a
ltrial hv the lawful corrts and iures to nine
millions of American citizens. and to their pos
,eritv for an indefinite period. 1t seems to he
scarcely possible that any one should seriously
believe this consistent with constitution which
leclares. in simple, plain. and unambiguous
Language that all persons shall have that right,
| nd that no person shall ever in any case be de-
yrived Of it.
The cons.tu ion also fDrbids the Arrest of the
fdtizen without julicia warrant, founded on
yrobahle cause. This bill authorizes an arrest
hithout warrant. at the pleasure of military
ll,ammander. The constitution declares that
no person shall he held to answer for capital
,r otherwise infamous crime unless on present
nent by grand inry" This bill holds every
l.,erson. not soldier answerable for crimes
land all charges without any presentment-
The constitution declares that no person shall
he deprived of life liberty, or property with
ont due process of law This bill sets aside
hll process of law, and makes the citizen
hnswerabe in his person and property to the
Twill of one man. and a tn his life the VIII o.
1.-Two. Finally. the constitution declares tint
Il he privilege Of the writ of haJedS corpus shall
not he suspended unless when. IN case OF rebel
Hon or invasion the public safety may require
r." whereas this bill declares martial law
! (which of itself suspcnds this great writ u
| time of peace, and authorizes the military {"
arrest. and give; to the prisoner only one prl-
| yilece. and that is a trial without necessary
delay.p lie has no hope Of release from cu'to-
DIV. cxrpnt the hope, such as it Is OF ro.etse by
| arnuittal before the military commission.
The United States are bound to guarantee
n each State republican form of government.
| Can il be pretended that this obligation is not
palpahly broken if we carry ont measure
! Ike this. which wipes away every vestlge OF
ranublican government in ten States, and puts
the life. property liberty, and honor of all the
people in each Of them under the domination.
Of \ single person clothed with unimited au-
! thority?
The Parliament Of England. exercising the
omnipotent power which it claimed. was aceuS-
toned to pass bills of attainder; that Is to say,
il would convict men of treason ani other
crimes hy legislative enactment. The perSot
accused had hearing, sometimes pattern
and fair one; but generally party prejudice
PREVAILED. fnstead Of Justice. Ii often became
necessary for Parliament to ackn"wIedSe IT.
| error and reverse its own action. The father
| of our country determined that no such thing
should occnr here. They withheld the power
from Congress, and thus forbade its exercise
hv that body; and they provided in the con-
sttution that no State should pass any bill OF
attajndcr.
It is. therefore, impossible for any person IN
this country to be coustitutionally convicted on
punished for any crime by legislative pro-
ceeding Of any sort. Nevertheless, here Is .
hill of attainder against nine millions of pcopl'
at once. Ii is based upon an accusation $
| - III 10 nd F,nnI
to be true upon no credible evidence. Not one
Of the nine millions was heard IN his own de-
fence The representatives of the doomed par
ties were excluded from all participation u
the trial The conviction is to he followed by
the most ignominiouS punishment ever iniiict,
Cd on large masses Of men. II di-franchlse
them by hundreds of thousands, and degrade'
them alI--even those who are admitted to b'
cniltless-from the rank of freemen to the con
dition Of slaves
The purpose and object Of the hill-the gen
eral intent which pervaleS it from beginning t.
ends tn change the entire structure and char
acter of the State governments and to ccmpe
them by force to the adoption of organic law
and regulations which they are unwilling t
accent if left to themselves. The negroes hav'
not asked Cor the privcie of voting-the vas
majority of them have no idea what 1t means
This bill not only thru>ts it into their hands
hut compelS them, as well as the whites, t.
use it in a particular way. If they do not form
constitution with prescribed articles IN 1t
and afterwards elect a Legislature which vii
act upon certain mea urcs ii a pres r'bed way
neither blacks nor whites can be reiievch ron
the slavery which the bill imposes upon them
Without patSing here to consider the policy %
impoliey of Africlnizing the Southern part Z"
our territory, | would simply ask the attention
If Congress to that manifest, wel-known anC
universally acknowledged rule of constitution
al law which declares that the federal govern
mcnt has no jurisdiction. authority or p'wIee
to regulate such subjects. for any State. IL
force the right of suffrage out of the hands o
the white people and into the hands OF the ne
groes is an arbitrary violation of this principe
This bill imposes martial law at oice, ana IL
operations will begin so socn as the genera
and his troops can he putin place. The drea'
alternative between its harsh rule and cnirpii
ance with terms of this measure is not siSp n