Des Arc weekly citizen., 1867-03-16


 a condition that an act of congress is | proposed which, if carried out, would deny trial by lawfA courts and iurics to nine millions of American citizens. and 10 theirepostcrity forSan indefinite period. Ifsccms to mo scarcely passi- blc that any ono should seri ously be- lieve sthis consistent With the constitu- ton which declaies in simple. plain and sunambiguous ilanSuage that afl persons shall have that right, and that nopcrson shall ever, in any case, be ldepriyed of it.
 The constitution also forbids the ar rest of citizens without judicial war rant, as a foundation probable callse. This bill authorizes arrest without a warrant at the pleasure of military commander. The constitution declares mo personshallfbe held to answer for q capital or otherwise infamous crime, unless on prcsentmcnt byagrandJury." This bill holds every person, nota sol- dier, answerablc, for all crimes. and all charges without prcsentment. The constitution declares that mo person shall be deprived of lffe,f liberty sor property without due process of law This bill sets aside all process of law, and makes the citizen answerable in his person and property to the will of one man, and in his life to the will of two finally. The constitution declares that "thc privilege of the writ of ilabe- ascorpns shall not be suspended, unless when in case of rebellion or invasion. the public safety may require it." Whereas this bill declares martial law 1 which fitsclf suspends tiis great writ, in time of peace, and authorizes the | military to make the arrest and, gives to the prisoner only one privilege, and l that is trial without unnecessary de- lay- He has no hope of release from custody, except the hope, such as it is, l of release by acquitted before military lcommission. i @'7
 Is.6 -da* la*dff% *9tqG@ d',a* si 1 Without pausing hca'c to consider the policy or impolicy of Africanizing the southern part of our territory, 1 would simply ask the attention of congress to that manifest, well known and liniver- sally acknowledged constitutionalelaw which declares that the federal govern ment has no jurisdiction, authority or | power to regulate such subjects for any state, to force the right of suffrage out of the hands of the white people and into the hands of negroes. In an arhi- trary violation of this principle this bill l imposes martial law at once, and its l operations will be begun as soon as the general and his troops can be placed in power. The dread alteration between it's harsh rule and compliance with the terms of this measure is not suspend cd, nor are the people afforded any I time for free deliberation. This bill! | says to them .,.Take martial law first :; then deliberate.p' And when they have done all that this measure re- 1 quircs them to do, other conditions and contingencies over which tlev have no control yet remain to be full 1 filled before they can be relieved from martial law. And then congress must l first approve the constitution made in conformity with the will of this con gross, and must declarel those. States .entitled to representation in both houses. The whole question remains open and unsettled, and must again occupy the attention of congress. In the meantime the agitation which now prevails will continue to disturb all portions of the people. .,, X f91l*i It only remains to consider whether the injunction of the instrument ought to be obeyed or not. l think it ought I to be obeyed for reasons which I will proceed to give as briefly as possible. In the first place 1t is the only system of free government which we can hope to have as, a nation. Whom it ceases to be the rule of our conduct we may per9 1 haps take our choice between complete | n n 4 q total dissolution of the union. But national liberty regulated by law will have passed beyond our reach. Ii is 1 the best form of government the world 1 ever saw. No other is Or can be so well adapted to the genius, habita or wants, of the Americau people. Com bining the strength of the great em- i pirc with the unspeakable blessing of local sclf-govcrnments, having a con tral power to defend the general inter ests and recognizing the authority of the state as the guardians of industrial rights, it is the sheet anchor of our safety abroad, and our peace at 'home,. and was ordained to form a more per feet union, establish justice, insure do- mestic tranquility,ipromote the general welfare, provide for the, common de- fence and secure the blessings Of liber- ty to ourselves and postcrity." eg"
 *f %fu*u1l* *.lcii~srgfg*
 The constitution, in its whole intcg- rity and vigor throughout the length and breadth of the land, is the best of all compromises besides, our duty does hnot, inmy judgment, leave us a choice between that and any other. | believe that it contains the remedy that is SO much needed, and if the coordinate branches of the government would unite upon its provisions, they would be found broad enough and strong enough to sustain in time of peace the nation which they bore safely through the ordeal of protracted civil war. Among the most sacred guarantees of that instrumenti are those which de- clare each state shall have at least one representative, and that no state, with out it's consent, shall be deprived of equal suffrage in the senate. 9' o' *9 wJ9
 While we arc legislating upon sub ject which is of great importance. to | the whole people, and which must af-a feet all parts of the country. not only during the time of the present genera ton, but for ages toeome. We should remember that all men are entitled at least to a hearing iii the councils which decide upon the destiny 'of themselves and their children. At present, ten states are denied representation, and when the fortieth cougres assemblies on the 4th day of the present month, sixteen states Will be without hivoice. in the houseaof representatives His grave fact with the important ques- lions before us, should .induce ns, to pause in a course of legislation which, Hooking solely to the attainment of po- litical ends, fails to consider therights it transgresses, the law which it qvio-