Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-12-04


which requires the States to be restored
There Is another consideration which,
though OF minor importance. is yet of
| great weight. On the 22l of July. 1861.
Congress declared, nv an almost unani-
mons vote of both Houses, that the war
should De conducted solely tor the purpose
| of preserving the Union and maintaining
| the supremacy of the Federal Constitution
and laws. without impairing the dignity.
equality and rights of States or individu-
ais; anu that when this was done the war
| should cease. l do not say that this decla
ration Is personally binding on those who
Joined in making it, any more than indi-
vidual members of Congress are personally
bound to pay public debt created
under law for which they voted.
But it was solemn public official pledge
OF national honor, and | can not imagine
upon what grounds reputation of it is to
be justified. If it be said that we are not
bound to keep faith with rebels, let it be-
remembered that this promise was not
made to rebels only. Thousands of true
men In the South were drawn to our stan
dard by it, and hui dreds of thousands in
the North gave their lives in the belief that
| it would be carried out. 1t was made one
day AFTER the first great battle ofthe war had
been fought and lost. All patriotic, intel
| ligenG men then saw the necessity of giving
such an assurance, and believed that with
|
cause. Having given that assurance in
| the extremity OF our peril a violation OF
it now. in the day of our power, would BE-
a rude rending of that good faith which
holds the moral world together. Our coun-
try would cease to have any claim upon the
confidence of men. IG would make the war
not only failure but a fraud.
Being sincerely convinced that these
| views are correct. would be unfathful to
my duty if | did not recommend the repeal
OF the acts of Congress, which place ten OF
the Southern States under the domination
of military masters. If calm reflection
shall satisfy a majority of your honorable
bodies that the acts referred to are not on
ly violation of national faith, but in di-
rect conflict with the Constitution, L dare
not permit myself to doubt that you will
Immediately strike them from the statute
books.
To demonstrate the unconstitutional
character OF those acts, need do no more
than refer to their general provisions. 1t
must be seen at once that they are not au-
| thoriZed to dictate what alterations snail
be made in the Constitutions of the several
States; to control elections of State legisla-
tors and State officers, members of Con-
gress and electors of the President and
Vice President, by arbitrarily declaring
who shall vote and who shall be excluded
from that privilege; to dissolve State leg
islatures or prevent them from assembling;
to dismiss Judges and other civil function
aries of State, and appoint others, without
regard to State law, to organize and Oper-
ate all the political machinery of the
States; to regulate the whole administra
tion of their domestic and local affairs ac-
cording to the will of strange and ire
sponsible agents sent among them for that
purpose. These are powers not granted to
the Federal Government, or to any one of
its branches. Not being granted, we viO-
late our trust by assuming them as palpa-
bly, as we would by acting in the face of a
positive interdlct; for the Constitution for
bids us to do whatever it does not affirma-
tively authorize either by express words or
by clear implication. Ii the authority we
desire to use does not come to us through
the Constitution. we can exercise it only
by usurpation, and usurpation is the most
dangerous of political crimes. By that
crime the enemies of free government in
all ages have worked out their designs
against public liberty and private rights
1t leads directly and Immediately to the
establishment OF absolute rule, for undele-
gated power is always unlimited and unre-
strained.
| The acts of Congress in question are not
| only Objectionable for their assumption OF
ungranted power; but many of their pro
visions are in conflict with the direct pro-
hibitions of the Constitution. Itcommands
|
be guaranteed to all the States that no
person shall be deprived of life. liberty or
property without due process of law, ar
rested without a judicial warrant, or pun
iShed without fair trial before an impair
| tial jury; that the privilege of hdbens corpus
| shall not be denied in time of peace, aud
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
republican government in the ten States to
which they apply. 1t binds them hand
and foot in absolute slavery, and subjects
them to 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 habeds COR
pus aud trial by jury. Personal freedom,
property and life, if assailed by the pas
sion, prejudice or incapaciJy of the ruler,
have no security whatever. 1t has the et-
feet OF bill of attainder or bill of pains
and penalties, not upon a few individuals,
but upon whole masses, including millions
who inhabit the subject States, and even
their unborn children.
These wrongs being expressly forbidden,
can not be constitutionally inflicted upon
any portion OF our people, no matter how
they may have come within our jurISdic-
ton, and no matter whether they live in
States, Territories, or Districts.
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 a mode OF pun
iShment, the measures under consideration
are the most unreasonable that could be
invented. Many of those people are per-
fectly innocent. Many kept their fidelity
to the Union untainted to the last; many
were incapable of any legal offense A large
portion even of 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 va
rious as the shades of their character and
temper. But these acts of Congress con-
found them all together in one common,
indiscriminate punishment. Vengeance
upon classes, sects or parties, or upon whole
communities, for offenses committed by
them against the governments to which
they owed allegiance, was common in the
barbarous ages of the world, but christian
ity and civilization have made such pro-
gress that recourse to punishment so
cruel and uni ust would meet with the con-
demnation of all unprejudiced and right
minded men.
The punitive justice of this age, especi-
ally of this country, does not consist in
stripping whole States of their liberties.
aud reducing all their people, without dis
til ction, to condition of slavery. 1t deals
separately with each individual, confines
itself to the forms of law, and vindicates its
own purity by an impartial examination
of every case before competent judicial
tribunal.
If this does not satisfy all our desires with
regard to Southern rebels, let us console
ourselves by rejecting that free Ccnsti-
tuition, triumphant in war, and unbroken
in ace, is worth far more 10 us and our
children than the qualification of any pres
ent feeling.