The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-10-23
Congress and the Constitution.

agreed among the members OF Congress- that the re
construction measures were to be acted g out
sde' of the Constitutions and that if tried by the
Constitution as coming within its provisions, that
I legislation usurpation. Now, whether Congress
bound to legisate under the Constitution or out
side Of it, will depend, in the first place, upon the
fact: FIRST whether Congress has any power whatever
except that derived from the Constitutions and second
time of the passage Of the original BILL IF Congress
possesses any power independent Of the Constitution
and if these States had put themselves beyond it:
limits by virtue of secession then certainly the claim
OF Congress to exercise jurisdiction over the subject
matter of restoration not be disputed on the plea
of necessity Upon this hypothesis the States them
selves occupied an anomalous position to the Union
in consequence of rebeion-a position never contem
plated by the Constitution and it was the duty OF
Congress, other competent authority after the
surrender to direct the of this return, Or in
! other words, their restoration. This hypothesis is
good bad according the actual facts and the law
of the case, and must depend on their solution.
Now, in the first place, it is true matter of law
that Congress possesses no power can rightfully
exercise no power but what is derived from the Con-
sttuton, either by express grant necessary impca
! ton. The Congress is mere body of delegates,
taken IRON the people, to represent their interests,
whose duties are prescribed and limited by the Const
tuition itself They many agents all acting
der common power Of attorney, but each, ndivdu-
ally, representing local interest and local constitu-
ency To confne their attention to common interest
and to prevent mere local legislation, or any kind of
partial legislation, the Constitutions, a power of
attorney, defines what its agents shall have power to
do, for the sake of the common interest. The emu
meration Of these powers with the means implied to
rghtfully exercise them, constitutes the express and
the implied duties imposed upon Congress by the very
act Of its creation. Congress created by the Con-
stitution and derives all its power from it, 1t is then
that Congress has no power except what the Con-
stituton confers.
There be no issue upon this proposition. If
therefore, Congress exercises any other power than
what is conferred it is neither more nor less than
rSsrpation, and, according to circumstances is either
tyrannical Or not.
The stringent provisions Of the military bills-n-
icDg by post acto acts penalties unknown to the
laws-and the still more stringent and offensive
ton Of them, by means of partisan boards of registry,
acting under secret Instructions will sufficiently attest
their character tyranncal. These measures, then,
whether viewed in the light Of the Constitution, of
that igns fatuus "outside" of it, which must have
guided the pathway of Congress, are plain and une
quvocal usurpations, conceived in the heart of yran-
ny and executed with its iron hand
Did the safety of the naton-that worn out plea of
necessity and excuse for all usurpaton-justfy Con-
:,o ,.l,ar
tuition and in making exception of the Southern
States to the ordinary rules of legislation! What
then the condition of these States? And this
brings US to the second inqury-wha was their legal
status at the passage of the original military bills?
AT the time Of the surrender and indeed by virtue of
it, they became subject again to the power and author
ity of the Government. The laws Of the conqueror
extended over the people and the territory Of the
conquered Confederacy. The taxes imposed by Con-
gress collected, and its and other laws
Immediately enforced. The Constitution, as the
paramount law, was equally extended the States
They became again subject to it's authority and bound
by its obligations and its duties; and, q conse-
quence, entitled all the rights and principles
which it conferred.
The States then restored to the Union by the
operation of that law of events which had brought
about their surrender and at the time of the surren-
der That they were denied then, subsequently,, |
representation in Congress, is only proof of the
power of Congress to exclude them from the councils
of the nation, but not Of the right to exclude them
IT, however, the States not restored by their sur
Of the United States not again extended over
,n,, 81, avid a.,
own acts afterwards, by the repeal of the ordinances
IF secession Under these ordinances they had Sc
,eded or withdrawn from the Union. The force of
arms had first nulfed these acts, and the people OF
he States, accepting the stuation in their conventions
made their organic law conform to the decision of the
word IN a word, they repealed these acts, and in
his way, the only legal way, they returned to the
Jnon No Ole, at the time, doubted the propriey of
his course But even this repeal was unnecessary if
he States had right to secede, for the ordinances
lpon that hypothesis, utilities, absolute
md incurable. In any event. then, the seeding
States were in the Union, though unrcpresented in
congress, prior to the passage of the original military
ill, and being in the Union, subject to the Con-
ttuton aud the laws. To deprive them of the bene-
it or the protection of either was neither more nor
ess than usurpation and tyranny. To so outside"
# the Consultation, to reconstruct them, was the
ridiculous sublime of sefgovernmcnt. To 20 out
ide, for the purpose of punishing BY retroactive laws
Whole classes of citizens was the exercise of fendish
nalignity. To go outside to dsfranchise the white
man, and 70 entranchise the black was to offer pre-
mum for ignorance and under the pretense of reward
og loyalty, shameless purchase of the negro
ote for the Radical party. To 60 outside, in order
0 avoid an usurpaion' undefehe Constitution and
excuse tampering with perjury, was to insult the
morality and the intelligence of the American people
0 invite their scorn, and to merit Judgment of
'rath But why attempt to argue to demonstrate?
Fhys Because the infamous ends of the Radical par
are not yet accomplished, and effort should be
eft untried to defeat them-because they can be de-
eated, if the people, North and South, can be made
realise what this party proposes, and what means it
employing; and because, finally, We believe it our
uy to urge upon the people Of this State-the first
ctim of Radical policyto continue their opposition,
nd to meet in convention, as suggested BY the
eetings of Shreveport and Greenwood, to collect ,
lets and to lay before the American people the whole
DRY of cur wrongs. We hope the press of the State
i'll respond to the invitation Of those meetings. and