The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1867-05-18
NO. 40.

Inc COu6LltrtlOn declares tnag no person
shall be deprived of life, liberty, or prop
erty without due process Of law This
billsets aside Al pfoccss Of IaN and makes.
the citizen agisWerablc In his person and.
property to the win of one man, and with
his life TO the will Of two. Finally, the
Constitution declares that the privilege
Of the writ Of habeas corpus shall not be.
suspended, unless when In case Of rcbell.a
ion or invasion the public safety may re.
quire It; whereas this bill DECLARES Ipartisl
law, which Of itself suspcnds this great
writ ID time Of peace, and authorizes tho
military TO make the arrest and gives to
the prisoher only one privilege, and that
Is trial WITHOUT unnecessary deIay," - /
lie has no hope Of release from custody
except the hope, such as il Is, of release
By acquittal before military commission.
The United States are bound to guarantee
TO each state Rapublienn form of gov
erpment Can It be pgeteDded that this
obligation i not palpaLly broken if we
carry but measure IKE this whicll wipes
away every Ycstige af republican govern:
ment in ten states, apd ppts the life,
property, liberty and hopoF of al the peo-
pie in each Of them under the domination
Of single person clothed with unlimited
authority. The Parliament of England,
exercising omnipotent power which i
claimed, was accustomed to pass bills pf
attaindcr; chat is to say, it, would convict
men Of treason and other crimes by legis-
lafiye enactment
The person accused had hcaring-soma.
fissse Kafss1,t ay,I fasr fxaunr.I1s,
party prejudice prevailed instead of justice.
1t often became necessary for Parliament to
acknowledge its error and reverse its own
action. The fathers IF orr country deter :
mined that no such thing SHOULD occur here;
they withheld the pOwcr from Congress, and
thus forbade its exercise by that body, and
they provided in the Constitution that no
state should pass any bill Of attaindcr. II
is therefore impossible for any person in this 3
country to be eonstitutionalIy convicted or
punished for any crime By legislative pro-
ceeding Of any sort. Nevertheless here Is q q
bill Of attainder against nine millions Of peo-
| pie at one. 1t is based upon an accusation
50 vague as TO be scarcely ineligible, and
found u To be true upon no creditable evil
dcnce. Not one of the nine millions was
heard IN bis own defense. The representa-
tives Of the doomed parties were excluded from
all participation in the trial. The conviction
is TO be followed BY the most ignominious
punishment ever inflicted upon large masses
t Of men. 1t DISTINGUISHES them by hundreds
Of thousands, and degrades them all, eyeu-
those who are admitted to be guiltless, from
the rank OF frcemen to the condition Of
slaves. The purpose aad object of the bill,
the general intent which peryades from bo-
ginning TO end, is to change the entire struc-
ture and character Of the state governments,
Al. IL n
Of organic laws and regulations which they
are unwilling to adopt if left to themselves.
The negroes have not asked for the privilege
Of Foting. The vast majority Of them have
no idea what il means. This bill not only
thrpsts il into their hands, but compels them
as well as the whites 10 use it In q particular
way. If they do not form a constitution
with prescribed asticles In it, and aftcrward
elect legislature which will act upon GER
tain measures in prescribed way, neither
blacks nor whites can be relieved from the
slavery which the bill imposes upon them
Without pausing here to consider the policy
or impoliey of Africanizing the southern
part of our territory, / would simply ask
the attention of Congress to that manifest,
we'll known and universally acknowledged
rule of constitutional law which declares
that the Federal Government has no iuris-
diction, 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 the negroes, is an arbi-
trary violation of this principle. This bill
imposes martial law at once, and its opera
tions viii begin as soon as the General and
his troops can be put in place. The dread
alternative between its harsh rule and COM
pliance with the terms of this measure is not
suspended, nor are the people afforded any
time for free deliberations. The bill says to
them, take martial law first, then deliberate;
and when they have done all that this meas
ure requires them to do, other conditions
and contingencies over which they have no
control vet remain to be fulfilled before they
can be relieved from martial law. Another
Congress must first approve the constitutions
made in conformity with the Will of this
Congress, and must declare these states enti-
tied to representation in both Houses. The
whole question thus remains open and uH-s
settled, and must again occupy the attention
of Congress and, in the meantime, the ag-
itation which now prevails will continue to
disturb all portions of the people. The bill
also denies the legality of the governments
of ten of the states which participated in the
ratification of the amendment to the Federal
Constitution abolishing slavery forever with.
in the jurisdiction of the United States, and
OAG1udto NucHi tFtlIt TIC ulOus-->s
If this assumption of the bill be correct,
their concurrence cannot be considered as
having been legally given, and the important
fact is made to appear that the consent
of three.fonrths Of the states. the requisite
number, has not been constitutionally OBJ
tanned to the ratification of that amendment,
thus leaving the question of slavery where
it stood before. The amendmentwas officially
declared to have become part of the Con-
stitution. That the measnree proposed by
this bill violatesthe Constitution in the par.
ticulars mentioned, and in many Ways which
furbear to enumerate, is too clear to admit
of tho least doubt. IL only remains TO con-
slider whether the injnpctions of the instru.
ment ought to be obeyed, fer reasons which
will proceed to give as briefly as possible.
In the FIRST place it is the only system of free
government which we can hopeto have as
nation; when it ceases to be the rule Of our
conduct, we may, perhaps, take our choice
between complete anarchy, Q consolidated
despotism, and ii tqt9l dissolution of the
Union but national liberty, regulated by
law, will have passed beyond opr reach.
It is the best form Of government the
world ever saw. No other is or can be as
well adapted to the genius, habits OF, wants
of the American people, combining the
strength Of the great Empire with the I'M
speakable blessings of local sell. goyernmen
having central power to defend the general
interests and recognizing. the authority o.