The Van Buren press., 1867-03-15

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not doubt that army officers are as we'll
entitled to this confidence as any other
class of men. But the history of the
world has been written in vain, ifit does
not teach us that unresirained sutiaority,
can ncyer be safely trusted in. human
hands. II has always been more or less
abused, mdcr any lcircum stances, and it
has always rcsnited in gross tyranny
where. rulers who arr strangers TO their
subjects, come among them as the repre-,
sentative ofa distant power, aud more
especially when the power that sends
them is unfriendly. Governments closely
resembling that here proposed, have been
inlly tried in Hungary aud Poland. and
the suffering endured by those people
reused the sympa.hes oftife entire world.
II was tried id Ireland, and though at first
tempered by the principles Of English law,
it gave birth to crneltics so ati ocious that
J they are never recounted without Just in.
;. dfgnation. The French Convention armed
its deputies with this power and sent them
to theSouthern departments ofthe repub.
lic. The massacrcs, murders and other
atrocities which they committed show
what the passions ofthe ablcst men in tho
most civilized society will attempt to do
when wholly unrestrained by law. The
men OF ourracc, in every age, have strug.
! glcd to tie up the hands Of the govern,
ments and Keep them within the Law, be-
cause the experience fall mankind taught,
J them that rulers could not be relied onto
conccdc those rights which they were not
legally bound to respect The head Off
great empire has sometimes governed
with mild sway and kindness. but an ir.
responsible subordinate never yields what
the law does not extort. Between such q
minister and the people subjngated to his
domination, there can be nothing but en-
NIFTY. lIe Furnishes them If they resist,
his authoritynand if they submit to it hoi
hates them for their seryility. 70; .,s.in,
! come now to o question, which, II
possible, is far more important. Hayo
we the power to establish and carry into
execution measure like this p answer,
certainly not. If we derive our authority
from the Constitution. and il We are
bound by the limitations which it pro-
poses, this proposition is perfectly clear,
that no branch Of the Federal Govern
ment, Executive, Legislative or Judicial,
can have any just powers except those
which it derives through % and exercises
under the organic law ofthc Union. Out.
sile Of the Constitution We have no legal
authority more than private citizens, and
within tive have only 40 much as that
\ instrument gives us. This broad princi-
pic limits all our functions and applies To-
all subjects. 1t protccts not Only the
citizens OF the United States who are
within the Union, but shields every hu-
1 man being who comes or is brought underl
our jurisdiction. We have no right to
do in one place more than i'm another
that which the Constitution says wo shall
not do at ALL /, at ielil.'a. idti z. Z. :
II, therefore, tho Southern States worein
truth out Of the Union, We could not treat
their people in q manner which tho funda.
mental law lorbids. Some people assume,
that the success of our arms, in crushing
tho opposition which was made in sonas
States tothe execution Of Federal laws. re-
duced those States and all their people, the
innocent as well as tho guilty. to the eon-
dition Of vassalage and gave ms power
over them which the Constitution does no.
bestow, or define, or limit. !, No, fallacy can
be more transparent than this. . Our yicto-
'ics subjected the insurgents to legal obc.
dience, not to the yoke of nm arbitrary des.
| potism-, When an absolute sovereign re-
duces his rebelious subjects he may deal
with them according to his pleasure, because
| he had that power before. But where 3
limited monarch puts down rebellion, hs
/ must govern according to law. Ii any in.
surrection should take place in one OF our
States against the authority of the Stato..
government, and end in the overthrow Of
those who planned it. would that take away
tho rights of all the people Of the counties
where it was covered by part or a major
ity Of the population? Coui,t they for such
a reason be wholly outlawed end deprived
Of their representation in tho Legislature?
| have always contendcd TINT the Govern!
ment. Of the United States was sovereign
within its constitutional sphere. that il
executed it's laws like the States themselves,
by employing its eocrcivc powers directly
to individuals, ard that i conld put down
insurrection With the same effect AZ State,
and no other Tho opposite doctrine Is tho
worst hersy Of those who advocate secession,
and cannot be agreed 10 without admitting
that heresy 10 be right. iii, x ssat
Invasion, instruction, rebellion and
domestic VIOLENCE. were anticipated when
tho Government was framed, and tho
means Of repehng and supprcssing them
were wisely provided for In the Comtitu.'
ton. But II was not thought necessary
to declare that the States IN which they
might occur should be expelled from tho
Union. Rebellions which were invariably
suppressed occurred prior to -tha. ono
out Of which these questions grow. But
II