Bloomsburg democrat. [volume] (Bloomsburg, Pa.) 1867-1869, 1867-12-11
[SBURG. COLUMBIA CO., Pa, WEDNESDAY, DEC. H. 1867

would by acting in the face Of n positive in.
1erdict, for tho Constitution forbiis us to do
whatever it does not atfirmatively authorize,
even by express words or by clear impliea.
tiOn. If the authority we desire to use does
not come to us through the Constitution,
we can exercise it only by usurpation, and
usurpation is one of the most dangerous oI
political crimes. BY that crime the enemies
Of free government in all ages have work
ed out their design against public liberty
and private right. 1t leads directly and
Immediately to the establishment Of abso-
lutte rule ; for undelegated power is always
unlimited md unrestrained.
The acts OF Congress in question are not
only Objectionable for thoir assumption OF
nngranted power. but many Of their proyis-
IONS nre IN conflict with the direct prohibl-
tons OF the Constitution. The Constitution
commands that republican form Of govern
inent shall be guaranteed TO all the States /;
that no person shall be deprived OF life, lib
erty or property, without due process Of law !;
arrested without judicial warrant, or pun.
ished without fair trial before an impartial
jury; that the privilege OF hIbeds corpus
shall not be denied in time OF peace, and
that no bill OF attainder shall be passed even
against single individual. Yet the system
OF measures established by these acts of
Congress does totally subvert and destroy
the form as well as the substance of repub-
lican government. In the ten States to
which they apply it binds them hand and
foot in absolute slavery, and subjects them
to a strange and hostile power more urimi.
ted and moro likely to be abused than any
other now known among civilized men.
1t tramples down all those rights in which
the essanoe Of liberty consists, aud which Il
free government is always most careful to
protect. 1t denies the hobcas corpus and
trial by jury. Personal freedom, property
and life, i assailed by the passion, the pref
udite or the rapacity of the ruler, have no
security whatever. u has the effect of q
bill Of attainder, orb bill Of pains and penal
ties, not upon few individuals, but upon
whole masses, including the millions who in
habit the subject States, and even their un-
bornchildren. These wrongs being express
" forbidden. cannot be constitutionally in
flictcd upon any portien of our people, no
matter how they may have come within our
Jurisdiction, and no matters Nlatler they
live in States. Territories or Distflcs.
! have no desire to save from the proper
and just consequences Of their great crime
those who engaged in rebellion against the
government but as Il mod, of punishment,
the measures under consideration are the
most unreasonable that could be invented
Manyot those persons are perfectly innocent
Many were incapable of any legal offence
4 large proportion even of the persons able
~ bear arms were forced into the rebellion
against their viii, and OF those who are
guilty with their own consent, the degrees
Of guilt are rs various US the shades Of their
character and temper.
But tfhcsc acts Of Il Congress CDnf1und them
all together in one common doom. Ipdis-
criminate vengeance upon classes, sects and
parties, or upon whole communities for of.
fences committed by Il portion of them
against the government to which they owed
obedience, was common in the barbarous
ages of the world. But Christianity and
civilization have made such progress, that
recourse to Il punishment so cruel and unjust
would meet with the condemnation Of all
unprciudiced 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
of slavery. 1t deals separately
with each individual, confines itself to the
forms of law, aud vindicatcs its own purity
by an impartial examination OF every case
before competent judicial tribunal.
nnf frSft nj fIACt.