The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1867-12-14

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n en', but as mode of punishment the meas
ures under consideration are the most unrea-
sonable that could be invented. Many of
those people are perfectly innocent. Many
/ Kept their fidelity TO the Union untainted to
the last Mary were incapable of any LEGAL
onense, and large proportion even of the
persons able to bear arms were forced into
rebellion against their will, and of those who
are guilty with their own consent the degrees of
guilt are as various the shades of their char
acter and temper. But these acts of Congress
cOnfound them all together in one common
DOOM Indiscriminate vengienc upon classes
sects and parties, or upon whole communities
Tor ohencee committed by a portion of them
against the Government TO which they owed
ooedlence, wa common in the barbarious
ages of the world. But Christianity and civ
lllzatlOn have made such progress that re-
course TO Punishment so cruel and unjust,
would meet with the condemnation of all
nnpreJudlced and right minded men. The
principles of fjustice of this age, and especially
IN this country, does not consist in stripping
whole States of their liberties and reducing
all their people without distinction, to the
condition of slavery.
There could be no falser interpreta
tion of the reconstruction laws than the
above. By them the line is drawn sharp
ly between the instigators and the vic
TINS of rebellion; the loyal are sustained,
the disloyal restrained and the criterion
of loyalty is that by which they are
Judged. The main assertions are not
sopkistries or peryersions, but utterly
untrue, be they uttered in ignorance or
spoken in malice. Before an altar Juild-
ed of shackles, stricken from the fetter-
ed limbs offour million human beings.
the sacriical blood of our bravest and
best has been split and the people of this
Union have sworn that henceforth no
slavery shall blight our fair land or en-
danger our government, even to crafty
the avarice of aristocrats or the ambition
of "plebians." From these and their
dupes comes the growl of discomfort.
But, Mr.. Johnson does not entertain
these views. He is acting under the
hallucination that to him alone has
been revealed the method of adjusting
the difficulties and embarrassments con-
sequent upon the recent rebellion, and
while complaining that he has been di-
vested ofhis authority as Executive, as
sumes the prerogatives of all three of
the coordinate branches of the Govern
ment, and transcending all privileges
and rights bestowed upon him 6y the
Constitution, assumes the sovereign
power with the arrogance of a despot.
He has established provisional govern
ments in the rebel States without
shadow of authority, removed officers,
of property, and by various
methods executed Legislative functions.
In the absence of Supreme Court deci-
sions he now decides upon the constitu-
tionality of Congressional acts, and thus
combines in himself the three.
1 would be unfaithful to my duty if did
not recommend the repeal of the acts of Con-
gress which place ten of the States under the
dominion of military masters. If calm re-
hection shall satisfy majority Of your hon
orable bodies that the acts referred to are not
only a violation of the national faith but in
direct conflict with the Constitution, / dare
not permit myself TO doubt that you will i'm
mediately strike them from the statute book.
To demonstrate the unconstitutional char
acter of these acts, need do no more than
TO refer to their general provisions
The acts of Congress in question are not
only Objectionable for their assumption of
uugranted power, but many of their provl-
sions are in conflict with the direct prohibit
tions of the Constitution,
The Constitution commands that republi-
can form of government shall be guaranteed
20 all the States; that no person shall be de.
piiyed of life, liberty or property without due
process of law, arrested without a judicial
warrant, or punished without fair trial be-
fore an impartial juTy-that the privilege OF
babeas corpus shall not be denied In time of
peace and that no bill of attainder shall be
passed even against a single individual, yet
the system of measures established by these
acts of Congress does totally subvert and de-
stroy the form, as we'll as the substance of re-
publican government In the ten states to
which they apply. 1t binds them hand and
foot In absolute slavery, and SUBJECTS tnsm TO
a strange and hostile power more unlimited
and more likely to be abused than any other
now known among civilized men. 1t tramples
down all those rights in which the essence of
liberty consists, and which free Government
is always most careful to protect. 1t denies
the habeas corpus and the trial by jury OF
personal freedom, property and life. If as
sailed by the passion, the predjuice, or the
rapacity of the ruler it has no security what
ever Ii has the effect of bill of attainder,
or a bill of pains and penalties, not upon
few individuals, but upon the whole masses,
including the millions who lnnabIt the subject
state. and even their unborn children. These
wrongs being expressly forbidden cannot be,
Constitutionally, inflicted upon any portion
of our people, no matter how they may have
come within our jurisdiction, and no matter
whether they live in States, or Territories, or
Districts.
The President has serious deliberations
in view of the above, and his forbear-I
ance, if his beliefs are honest and his
views correct, in not adopting "forcible
to crush out the acts of Con-
gress, can only be attributed to imbe-
cility or cowardice, Notwithstanding the
excuses offered below. .-..
uovv far the dutv of the President to pre-