Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1867-12-06

VI Nu.y VI Hi-n anu sacred Outy-whlch We
are all sworn to perform. If We canno: sup
port the Constitution with the cheerful alac-
rity oil those who love ami believe it. we
must give TO It at least the fidelity OF public
servants who act undei solemn obligations
and commands which they dare not disregard.
The PuRPosE OF yHE WAR
The constitutional duty is not the only one
which requires the States to be restored
There i another consideration which. though
OF minor importance, Is yet Of great weight
On the I'D day Of July, 1861. Congress de
clarcd, by an almost unanimous vote of
both Houses, that the war should be con-
Quoted solely TOR the purpose of preserving
the Union and maintaining the supremacy 0f
the Federal Constitution and laws. without
impairinE Tie dignity, equality, and rights
OF the States Or individuals, and that when
this was done the war should cease.
| do not say that this declaration Is per-
sOnally binding On those who ioined in
making At any more than Individual
members Of Congress, are personally
boun0 to pay public debt created under
a law for which they voted But it was
solemn. public, Official pledge Of the nation
al honor, and cannot imagine upon what
grounds the repu diatOn OF 1t Is to be iustI-
fed. II 1t he SAID that We are not bound TO
keep faith with rebels, let 1t be remembered
that this promise was not made 10 rebels on
ly. Thousands II tue men in the South were
drawn 10 our stauiaId by it, and hundreds
Of Thousands in the North gave their lives
in the behei that 1t would be carried out
IL was made on the day after the first great
battle Of the war had been fought and lost.
All patriotic and intelligent men then saw
the necessity Of giving such an assurance,
and believed thai without 1t. the war would
end in disaster to our cause Having given
that assurance 10 the extremity Of our peril.
the violation Of 1t now IN the day OF our
power, would be a rude rending Of that good
filth which holds the moral world together
Our country would cease 10 have any claim
upon the confidence Of the men it would
make war not only failure but fraud.
REPEAL or The REciNsTRUCTI0N Bill RECON-
NESDED.
Sincerely convinced thst these views are cor
rect, would he unilithiul to my duty if
did not recommend the repeal Of the acts Of
Congress " lich Place ten Of the Southern
States under the domination Of military
masters. Ii calm reflection shall satisfy a
majority Of your Honorable Bodies that the
acts referred was not only a violation Of the
national faith. but an indirect conflict with
| the Constitution. | dare not permit myself
I to doubt YOU Will immed iately strike them
| from the siatute-blok. To demonstrate the
l the unconstitutional character OF those acts.
/ | need DO no more than refer 10 their gener-
/ al provisions Ii must be seen at once that
| they are not authorized. 10 dictate what
/ alterations shall be made 10 the constitu-
tons Of the several States 70 control the
l elections OF State Legislatures and State
| officers, members Of Congress and elections
/ OF President and Vice President by arbitari
/ lY declaring who shall vote and who shall
/ be excluded from that privilege to dissolve
state Legislatures OF prevent themIfr1m a.
sembllng to dismiss Judges and other civil
iunc'i5naries o! the State and appoint others
/ without regard % State law % organize
and operate all the political machinery Of
I The States, g. regulate the whole admlnistra-
/ ton % the domestic and local Affairs. accord
/ lng q the mere Will Of strange and irrcsplri-
slble agents sent among them for that pur-
/ pose, these are powers not granted % the
/ Federal Government VI o. auy one Of IT.
branches. Not beng granted We violate our
trust by assuming them 90 palTlhiy a. We
would by acting 10 the face OF a positive IN
tertict, for the Constitution i0rhiis Us L. DO
whatever It does not aihrmatiy1ly authorize
| either by express words " hv clear implica-
tion. Ii the authority we desire 70 use does
not come 10 u through the Constitution We
| can exercise 10 only by usurultiun and usur-
| patton l. the mos; dangerous Of political
! crimes. By that crime the enemies Of free
| government IN al ages have worked out their
designs against public liberty and private
right. Ii leads directly and Immediately TO
| the establishment Of absolute rule-for IN
! delegated power Is always unlimited and IN
| restrained. The acts OF Congress in ques-
tlou are not only Objectionable ioz then a.
sumption Of unSrauted power. but many OF
their provisions are In conflict with the d.
| rect IrJhI5IuJns u the Constitution.
UNooNsIIIuIloNAuTY.
/ The Constitution mm4ui- that areVuhlican
| form of government shall De guaranteed 70
| all the Sta'e- that 20 person shall be de-
Z prIycd Of h.e, liberty or property without
l due process u law. arrested without Judi
clal warrant. or punished without a far
trial before an impartial jury that the phi
I vilege OF habeas corpus -hail not be denied
IN time oi peace, and that no bill OF attain
der shall be passed even against single indI-
vidaal-yet the system Of MEASURES estab-
lIsbed by these acts OF Congress does totally
1 sutyert and destroy the form as well Is the
substance Of republican government in the
ten States 10 which they apply. Ii binds
| them hand and foot in Absolute slavery. and
subjects them 10 a strange and hostile pow
| er more unlimited and more likely to be
abused than any other now known among
civilized men. IL tramples down all those
rlshts IN which tie essence Of liberty con
slsts, and which 6 free government i always
more careful - protect. IL denies the
habeas corpus and the trial by jury. Per
sonal freedom, property and life, If assailed
| by the passion, the prejudice OF the rapacity
Of the ruler, have NJ security whatever. 1t
has the effect Of hiil Of attaInitr or bill Of
pans and penalties. not upon a few individ-
ua!s' DIT upon whole masses. including the
Ellil' who lnhabIt he subject States, and
then unborn children. These wrongs being
expressly forbidden cannot be constitutional
y inflicted upon any portion OF our people,
10 matter how they may have come within
our jurisdiction, and no matter whether
they 1--we IN States. Territories or districts -
have no desire 10 save from the proper and
Just consequences OF their great crimes those
VINO engaged in rebellion Against the Gov
ernment, but az mode of punishment the
measures under Consideration are the
most unreasonable that could be invented
Many OF these people ar perfectly limo
cent; many kept their fidelity TO the Union
untlinted to the last; many were incapable
OF any legal offence , and large proportion
even OF the persons able 10 bear arms were
forced into the rebellion against their will, |
ana OF those who are guilty with their Own
consent. the degrees Of guilt are as various /
az the shades OF their character and temper /
But tlese acts Of Congress confound them /
all together in common doom. Indlscrimin- |
ate vengeance upon classes. seets and par
ties, VI upon whole communities, for offences
committed by portion Of them against the
Government 10 which they owed obedience,
was common N the barbarous ages Of the
world. Bat Christianity and civilization
have made such progress that resource to
punishment 70 cruel and unjust would meet
with the condemnation Of all unprecedented
ami Tighi-minced men. The punitive JUS
tee OF this age and especially Of this eoun-
Try. docs not CONSIST in stripping whole