The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-12-11


that without it tho war would end in disas-
tor to our cause. Having given that assur.
ance in the extremity Of our peril, the vic.
lation OF itnow, in the day Of our power,
would be q rude rending Of that good faith
which holds the moral world together; Oui
country would cease to have any claim upon
the confidence of mtn; il would make the
war not only failure but fraud.
RECONSTRUCTION ACTS UNCONSTITUTIONAL.
Being sincerely convinced tEt,t these
views arc correct, w,uld be uni;,ithiil TO
ms duty If did not recommend the repeal
Of the Acts of Congress which place ten ot
the Sou hcrn States under tho domination
Of military masters. If calm reflection
shall satisfy majority of your honorable
bodies that the Acts referred to arc not only
u violation OF the national faith, but in d.
rect conflict with the Cnnstit"!ion | dare
not permit mysclfto doubt that you will
Immediately strike them from the statute
book.
TO demonstrate the unconstitutional char.
actrr of those Acts, need do no more than
refer TO their general provisions. 1t must
DO seen at once that they arc not authoria.
cd TO dictate what alterations shall be
made in. the Constitutions of the several
States to control the elections of State !o-
Congress and electors of President and
Vice President, by arbitrarily declaring
who shall vote and who shall be excluded
from that privilege; to dissolve State Lcgis-
laturcs or prevent them from assembling ::
to dismiss judges and other civil function
aries of the State, and appoint others with.
out regard to State Law; to organize and
operate MI the politc1 machinery Of the
States TO regulate the whole administra-
ton of their domestic and local affairs ac-
cordlng 10 the me,c will Of strange and ir-
responsible agents, sent among them for
that purposc-thesc are powers not grant,
Cd to the Federal Government, or to any one
of its branches. Not being granted, we
violate our trust by assuming them as pal.
pably as sc would by acting in the face of
positive in,erdict; for the Constitution
forbids us to do whatcvcr it does no, ailir-
mativcly authorize either by express words
or by clear implication. If the authority
wc desire to use does not come TO us through
the Constitution, we can exercise it OILY
by usurpaiion, and uSurpG .ion is the most
dangerous Of political crimes. BY that
crime, tho enemies Of free government in
nll ngcs have worked out their designs
against public liberty and private right. 1t
leads directly and mmo liatcly to the catab-
lishment Of absolute rule; for undelegatcd
power is always unlimited and unrcstrain
el.
The Acts of Congress in question are not
only Objectionable for their assumption Of
ungrantcd power, but many Of their pro
visions are in conflict with tho direct pro
hibiuons Of the Constitution. The Consti :
tuition commands that q Republican form Of
government shall be guaranteed to all the
States; that no porson SHAH DC deprived OF
Lille, liberty or property without due pro-
cess of law, arrested without fair trial be-
fore on Impartial jury; that the privilege
of hdbedS corpmS shah not he denied in time
Of peace and that no bill of atlaindcr shall
bc passed, even against single individual.
Yet the system OF treasures established by
these Acts OF Congress does totally subvcrl
and destroy the form, as we'll as the sub
stance of Republican government in the ten
States TO which they apply 1t binds them
hand and foot in absolute slavery, and sub
jccts them TO y strange and hostile power,
more unlimited and more likely to he abused
than any other known among civilized men.
1t tramplcs down NIL those rights in which
tho essence of liberty consists, and which n
free government il always most careful to
protect. 1t denies tho habcas corpus and
the trial by jury. Personal freedom, pro-
pcrty, and life, if assaled by the passion,
the prejudice or the rnpacity of the ruler
have no security whntcvcr. II has the effect
OF II bill Of attaindcr, or bill Of pains and
penalties, not upon few individuals, but
upon whole masses, including the millions
who inhabit tho subject States, and even
thciy unborn children. These wrongs, be-
ing expressly forbidden, cannot be constitu.
tionally inflicted upon any portion of our
people, no matter how they may come with.
in our jurisdiction, and no matter whether
thpy 1.-Two in Stokos Tnrrit ~ DiS tric
uNnEAsoNABLE PUNISHMENT CT TIE SOUTH.
have no desire to save from tho proper
and Just consequences OF their great crime
those who engaged in rebellion against the
Government bnt rs q mode of punishment
the measures under consideration arc the
most unreasonable that could be invented.
Many of those people are perfectly nno-
cent: many kept their fidelity of the Union
untainted to the last; many were incapable
Of any legal oifcrce; largo proportion
even of the persons able to bear arms, werc
forced into rebellion against thoir will and
Of those who are guilty with their own CON
sent, the degrees of guilt aro as various as
tho shades of their character and temper.
But these Acls OF Congress coniound them
all together in ono common doom. Indis
criminate vengeance upon NIL classes, scots
and parties, or upon whole communities, for
offences committed by portion of them
against the governments TO which they owed
obedience. was common in tho bnrbarous
ages Of the world But Christianity and
civilization have made such progress that
recourse to punishment so cruel and unjust
would meet with the condemnation OF all
unprejudioud ond right. minded men. The
punitive justice Of this nee, and especially
Of this country, does not oonsstin stripping
whole States of their liberties, and reducing
all their people without distinction. TO the
condition of slavery. II deals separately
with each individual. confines itself to the
forms of law. and vindicatcs its own purity
by an impartial examination Of every case
beforea competent judicial tribunal If
this does not satisfy all our desires with re-.
gard t. Southern rebels, let us console our
selves by rejecting that free Constitution,
triumphant in war and unbrokea in peace,
Is worth far more to us and our children
than the qualification Of any present feel
lug.
pEspoTIsM NEVER HALTs.
am aware II is assumed that this system
Of government for the Southern States Ia
not to be perpetual It is true, this milf
tary government is 10 be only provisional,
but it Is through this temporary evil thot a