The Van Buren press., 1867-03-15

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Military Commission. The United States
ARD. bound " guarantee to each state a
republic ~ Frn Of government; Can it
be preended That this obligation is not
palpably broken, If We carry out meas
ure like this which strip away every vcc-
tigc Of republican government III ten
States, and puts the life, property, liberty
and honor Of all the people in each Of
them under the domination ola single
person clothed with authority. In the
Parliament Of England, exercising the
omnipotcnce which IL claimed, which was
accustomed TO pass bills Of fattainder, that
is to say would convict men Of treason
and other crimes by Legislative enactment,
the person accused had hearing, some
times apatent and fair one, but ieudal
party prejudice prevailed instead of jus
tice. 1t often became necessary for Far
Lament TO acknowledge its error and re-
verse its own action. The fathers of our
country determined that 10 such thing
should occur Here they withheld the
power from Congress, and thlis forbade
its exercise by that body, and they pro-
vidcd in the Constitution that no state
should pass,any bill of attainder. 1t is
therefore impossible for any person in
this country to be consttutionally con
yicted or punished for any crime by q leg
islativc proceeding Of any sort Never
theless here is q bill of attamdcr against
nine millions of people. 1t is based upon
an accusation so vague as 70 he scarcely
ineligible, and found to be true upon no
credible evidence. Not one Of the nine
millions was heard in his own defence
The representatives Of the doomed par
ties were secluded from all participation
in the trial The conviction IS 10 be fol
lowed by the most ignominiou5 punish
mcnt ever inflicted on large masses of
mcr. 1t disfranchscs them by hundreds
of thousands, and dcgrades them all,
even those who are admitted not to be
guilty, from the rank Of a Fl ceNien to the
condition Of slaves. The purpose and
object ofthe bill, the general intent which
peryades it from beginning to end, is to
change the entire structure and character
Of the State Governments, and compel
them, by force, to the adoption Of an or
ganic law and regulation which they are
unwilling to adopt if left to themselves
The negroes have no desire for accepting
the prize. The majority have no idea
what it means. This bill not only thrusts
it into their hands, but compels them, as
well as the whites, to use it. If they do
not form Constitution with prescribed
articles in it, and afterwards elect q leg
islature which will act upon certain meas
ures in prescribed way, neither blacks
nor whites can be released from the
slavery which this bill imposes on them.
Without pausing here to consider the policy
or impolicy of Africanizing the Southern part
of our territory. would simply ask the atten-
ton of Congress to that manifest. well known
and universally acknowledged constitutional
law which declares that the Federal Govern
mcnt has no jurisdiction. authority or power
to regulate such subjects Tor any State. to force
the right of suffrage out of the hands of the
white people and into the hands of negroes.
In an arbitrary violation of this principle this
bill imposes martial law at once, andit opera
ton will be begun SO soon as the General and
his troops can be placed in power. The dread
alienation between its harsh rule and COM
pliance with the terms Of this measure is not
suspended, nor are the people fforded any
time for free deliberation This bill says to
them :--"Take martial law first; then deiber-
ate And when they have done all that this
measure requires them to do other conditions
and contingencies over which they have con-
troll yet remain to be fulfilled before they can
be relieved from martial law. And then Con-
,rr first n va ln nps la
in conformity with the will of this Congress,
and must declare those States entitled to rep
resentation in both Houses. The whole ques-
tion remains open and unsettled, and must
again occupy the attention of Congress. In
the meantime the agitation which now pre-
walls will continue to disturb all portions of
the people.
The bill also denies the legality Of the Gov
crnmentS of ten States which parte ipated in
the ratification of the Amendment to the
Federal Constitution, abolishing slavery for
ever within the jurisdiction OF the United
states, and practically excludes them from the
Union. If this assumption Of the bill be cor
rect, their concurrence cannot be considered
as legally given, and the important fact is
made to appear that the consent of three
tourths of the States (thc requisite number)
has not been constitutionally obtained to the
ratification ofthat amendment. thus leaving
the question or slavery where it stood before
the amendment was officially declared to have
become part Of the Constitution. That the
measure proposed by thi, bill violates the Con-
stitution in the particular mentioned. and in
many ways is too clear to admit of tic least
doubt. r . ..
1t only remains to consider whether the in
junction Of the instrument ought to be obrycd
or not. think it ought to be obcyed for
reasons which will proceed ,ogiye as briefly
rs possible. In the first place it is the only
system of free government which We can hope
to have as a nation. When it ceases to be no
rulc of our conduct we may perhaps take the
choice between complete anarchy, a consoli-
dated monarchy and Il total dissolution Of the
Union. But national liberty regulated 10y law
will have passed beyond our reach. 1t isthe
best form of government the world ever saw.
No other is or can be 50 well adapted to the
genius, habits or wants OF the American pco-
pie. Combining the strength ofthe great en-
pirc with TIE indispensable blessing of local
self governments having central power to
defend the general interests and recognizing
the authority of the STATE as the guardians Of
industrial rights, 1t is the sheet anchor OF our
safetysabroad, and our peace at home, and was
ordained to " form Il more perfect union.